JUDICIAL ACTIVISM, KEY TO PROTECTING THE ENVIRONMENT IN THE NIGER DELTA

Abstract

The issue of environmental pollution in the Niger Delta of Nigeria has been a thing of great� concern and attracted attention. The deleterious effects of oil pollution damage to human� beings, flora and fauna cannot be allowed to continue within the enjoyment of the right to life�� in a pollution-free environment. This research work evaluates the related statutory and non- statutory mechanisms; and the domestic rules of courts in environmental litigation on one� hand and the role of the court as an instrument of social justice to be realized on the other. This research also situates the domestic provisions on oil pollution abatement within a deeper� context that facilities a nuanced understanding of their thrust and reach by relating them to� the current environmental civilization embodied in international principles. This research� finds that legislative protection of the environment has failed and recourse must now be made� to the judiciary as social auditors to ensure environmental security and wellbeing for� sustainable development. The research concludes by recommending that the judiciary be� energized by the spirit of this new adventure through judicial activism and radicalism in the� face of human annihilation through environmental pollution in the context of access to� judicial environmental justice, unconstrained by technicalities and locus standi in court.

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urn:uuid:d6e866c2-cef8-4292-85d6-41a7e593d863