JURISDICTIONAL PROBLEM IN ENVIRONMENTAL LITIGATION IN NIGERIA: LESSONS FROM NEW SOUTH WALES

Abstract

An increase in industrial activities, especially in the oil and gas sector in Nigeria comes with the attendant rise in environmental abuses by multinational companies. Income from oil exploration is the major source of revenue for the Nigerian government. However, over the years, the activities of major oil companies in the oil-rich Niger Delta region have caused and continue to cause monumental damage to the local communities and indeed, the environment. Efforts by successive administrations to address this issue have yielded few results. This development means that victims of environmental abuse and indeed environmental activists have only the court to approach for any remedy. In Nigeria, it is only the Federal High Court that has exclusive jurisdiction to entertain any dispute arising from mines and minerals, including oil and gas exploration. Apart from the significant delay occasioned by congestion of cases, the composition of the Federal High Court has no regard for expert personnel in environmental science who are capable of giving informed decisions that would improve access to environmental justice. This article examines the jurisdiction of the Federal High Court in relation to environmental matters and argues that the court as presently constituted is not better placed to ensure access to environmental justice. This article employs doctrinal legal research methodology and content analysis of both primary and secondary legal sources relating to the practice of the Federal High Court of Nigeria, and Land and Environment Court of New South Wales of Australia. The article argues in favour of establishing a specialised environmental court in Nigeria as a superior court with a comprehensive jurisdiction to dispose of environmental-related matters.