Strengthening Environmental Public Interest Litigation Through Citizen Suits in Nigeria: Learning from the South African Environmental Jurisprudential Development

Abstract

Access to judicial or court justice in instances of actual or threatened environmental degradation or pollution is a powerful tool in the overall protection of the environment as well as the realisation of the right to a healthy environment. This is evident from the fact that it affords persons aggrieved or concerned by environmentally devastating activities, the opportunity not only to protect their rights relating to access to environmental information and participation in decisions affecting their environment but also enables them to challenge environmental decisions or actions by governments or private bodies that do not take their interests into account. Hence, it is not surprising that there is better and improved environmental protection in countries where aggrieved or concerned citizens have access to judicial justice as the governments are usually obliged to adopt more stringent environmental regulations or to strictly apply existing environmental regulations and standards. Access to judicial justice in instances of environmental degradation or pollution also constitute an effective strategy for holding for holding polluters including transnational companies (TNCs) accountable for the adverse environmental consequences of their activities. This is evident in India where the innovative action of the Indian Supreme Court in improving access to justice for citizens aggrieved by or concerned with