EXPANDING THE FRONTIERS OF COMPENSATORY RIGHTS OF VICTIMS OF ENVIRONMENTAL POLLUTION IN NIGERIA: A PERSPECTIVE OF SPDC V. AGBARA

Abstract

Compensation in environmental pollution claims has been impaired over the years by a whole lot of factors in Nigeria. The impediments among other things include the dispositions of the courts as well as the uncooperative attitudes of multinational oil companies (MNOCs) concerned. Most environmental pollution cases that went to courts in the past failed due to one reason or the other. Lately certain developments have been made in that regard. This paper aims at assessing development in the area of environmental pollution claims in Nigeria with specific reference to the courts’ decision in SPDC v. Agbara. It discusses the emerging doctrine of transnational jurisdiction in environmental pollution claims in the world and its overall implications on environmental pollution victims as well as the MNOCs business. Analytical research method is employed in the study. The paper finds that certain legal requirements, lack of judicial activisms and boldness in the past; MNOCs attitudes of avoiding responsibility, institutional weakness, lack of political will, lack of awareness etc., have impaired access to compensation in Nigeria. The paper therefore concludes that the current trends of decisiveness and judicial activism in environmental pollution claims are a welcome development and should be sustained.