UTILISING THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AS A TOOL FOR ENVIRONMENTAL LITIGATION IN NIGERIA: FINDINGS FROM A SURVEY OF LEGAL PRACTITIONERS

In an era when the quality of life and enjoyment of rights is threatened by environmental degradation, environmental litigation is increasingly incorporating human rights law. This raises questions on the possibility of utilising the procedure for the enforcement of fundamental rights to protect the right to a healthy environment. The decision of the Nigerian Supreme Court in the case of Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation has further enriched the environmental law jurisprudence. The aim of this article is to identify how, in the light of the Supreme Court decision, the Fundamental Rights (Enforcement Procedure) Rules 2009 (FREP Rules) can be used to advance environmental litigation; it further examines the prospects and the challenges in adopting this approach. The article adopts the doctrinal and empirical methods of research. Questionnaires were distributed to legal practitioners drawn from the six-geopolitical zones of Nigeria and the results were analysed by means of descriptive analysis. Findings from the research are that, a majority of the respondents are of the considered opinion that the FREP Rules can be utilised for environmental litigation in Nigeria. The requirement of evidence linking environmental harm to violation of a Chapter IV right; the low level of awareness of Nigerians on human rights and environmental issues; and existing problems of implementation and enforcement of human rights are identified as challenges.