Title:
ENVIRONMENTAL POLITICS AND ENVIRONMENTAL RIGHTS IN NIGERIA: PREFERENCE FOR ECONOMIC GAINS THAN PREVENTION OF GENOCIDE IN THE NIGER DELTA

Authors:
Nuhu John Egya and Namo, Samson Atari

Abstract:
Environmental politics includes the choices the leaders had to make on the gains from environmental resources exploitation and the preservation of those resources for future generations; as well as their decision and policies on the protection of the human environment and its remediation in occasions of pollutions. The basic requirements for the enforcement of environmental rights and claims in Nigeria had not been understood by the many lays and jurists alike. The Courts are making it difficult for a robust jurisprudence in the field of enforcement especially when the politics of economic gains are preferred to the prevention of genocide by the executive arm of the federal government. The fears of the collapse of the nation’s economy which is largely dependent on oil and gas top priority in the debate for environmental protection against the gains of exploration and exploitation of oil and gas in the Niger Delta region of Nigeria. This paper discussed Environmental politics involves the evolution of environmental movements and parties; public policy analysis on the environment at all levels of governance: individuals, local, national and international; ideas generated by the various movement and organisations; and, salient environmental issues. It tends to balance the activities of government with environmental policies available against conservation, protection, and remediation issues as raised by environmental movements and organisations. The primary concerns for environmental politics are: the irreversibility or diminution of the earth’s life support systems; the consequences of development: the ever-increasing need for materials and non-renewable energy sources as means of satisfying public needs or resolving (and or avoiding) conflicts; and, the injustice of uneven distribution of environmental benefits and harm. It examined how sections 104 (1) & 107 of the Petroleum Industry Act 2021 and section 3 of the Associated Gas Re-Injection Act 1979 (for the yet-to-be-converted license or lease tenures) on one hand are genocidal to the Niger Delta environment and, whether the right to life includes the right to an unpolluted environment. Critical detailed analyses of municipal and international law provisions on safe environments were examined. The findings of this paper were that development can thrive in line with nature and economic development goals with flare permits on our petroleum laws.

Keywords:
Environmental Politics, Environmental Rights Enforcement, Development that makes Economic Sense, Justiciability of Environmental Rights.

DOI:
http://dx.doi.org/10.37500/IJESSR.2022.5428