LIBERALIZATION OF THE COMMON LAW TECHNICAL RULE OF LOCUS STANDI IN NIGERIAN ENVIRONMENTAL DEGRADATION: COMMENTS ON THE CASE OF CENTRE FOR OIL POLLUTION WATCH V. NIGERIAN NATIONAL PETROLEUM CORPORATION

Abstract

Law is dynamic and its dynamism spreads in all its aspects including environment. One concept of law where the dynamism of law was displayed is on the concept of locus standi. Before now, standing to sue otherwise called Locus standi, “is a rule of ancient vintage and it arose during an era when private law dominated the legal scene and public law had not yet been bornâ€. Locus standi is the right to bring an action or to be heard in a given forum; standing. Advanced countries of the world with their developed Constitutions for many years had adopted, applied and are still applying public interest litigation in fight for the environmental rights advocacy. Nigerian having woken from slumber just adopted that with the enactment of Fundamental Rights (Enforcement Procedure) Rules, 2009 and our courts have been active in their interpretation of our 1999 Constitution. The question still remains – Whether the interpretation of Section 6 of the Constitution and Section 20 of the Constitution that is Chapter II has removed the previously non-justiceable nature of this chapter with mutual conflation of other provisions of the Constitution and other International treaties. This is the basis of this research. We recommended that the tempo should continue until we surpass the advanced countries on the fight against environmental abuses and degradation via petroleum exploration and mining, among others without adequate social responsibility and corresponding social responsibility on the part of oil companies and governments.