THE DUTY OF THE NIGERIAN STATE TO SAFEGUARD THE NIGERIAN ENVIRONMENT: AN ETHICAL PERSPECTIVE

Abstract

The environmental question is a grave one that humanity must attend to in a vigourous manner. Right from the late 1960s when the environmental question began to come into prominence, humanity has become more aware of the plight of the environment. It has come to be seen that many environmental problems are anthropogenic, arising from human activities and footprints on the earth. Nigeria is not exempted from environmental problems. In Nigeria there are environmental problems such as oil spillage and pollution of land, marine, and atmospheric resources; gas flaring; soil erosion, desertification; deforestation; environmental displacement of people; poor management of solid waste; noise pollution, etc. In Nigeria, especially in the light of dumping of toxic waste in Koko in the Delta State of Nigeria, the Federal Environmental Protection Agency was set up to administer and enforce environmental laws. But the fundamental environmental law in Nigeria is the 1999 constitution as amended. While it is true that there are many environmental laws in Nigeria, and the constitution puts an obligation on the government to ensure a safe and healthy environment (section 20); this duty of government is not enforceable or justifiable, as there is an ouster clause (section 6.6c) in the constitution. This paper uses critical analytic and hermeneutic methods to argue that the responsibility of the Nigerian state to protect the environment should be an enforceable duty not just an objective or aspiration. The paper concludes that if it becomes an enforceable duty, Nigerians will enjoy more environmental safety and welfare.