THE SUSTAINED STRUGGLE FOR ENVIRONMENTAL JUSTICE AND THE RIGHTS OF HOST COMMUNITIES IN THE NIGER DELTA

Abstract

The article critically examined the sustained struggle of the Niger Delta communities for environmental justice in the region. The issue of environmental justice has been the greatest challenge facing the victims of oil pollution in the region for a long time. Sometimes, the victims are discouraged from instituting actions in the courts due to unnecessary delays and the consequent overstay of their cases in the courts. It is not uncommon to see unnecessarily pending cases in the courts for decades. A practical example is the case of Agbara & ors v Shell which originated from a devastating 1969/1970 oil spillage and concluded with a final judgment in 2021after over 40 years of litigation. Throughout this period, the land remained unproductive and uninhabitable. Notwithstanding, the prolonged legal battle, Shell still sought the Supreme Court to review its judgment. Against the background, the authors adopted a doctrinal approach by collecting data from both primary and secondary sources of law especially the 1999 Constitution which guaranteed every Nigerian the right to acquire immovable properties in Nigeria and the rights to damages for unjustifiable interference with that right. The paper therefore recommended expeditious actions when suits involving oil spillage claims are concerned, thereby enhancing the confidence of the victims and the communities in the courts.