ECOLOGICAL PROBLEMS IN NIGERIA AS A THREAT TO HUMAN HEALTH: THE PLACE OF A NATIONAL ENVIRONMENTAL COURT

Abstract

The COVID-19 pandemic draws attention to the profound disconnect that exists in modern societies between humans and their environment. It has long been established that human health is inextricably linked with that of animals and the environment, but this phenomenon has been exacerbated by increased rates of environmental degradation combined with high levels of urbanisation. The COVID-19 pandemic has its origins in the inability of humans to protect forests, its wildlife and govern land use, which have led to the disappearance of the traditional buffer zones that used to separate humans from animals and their pathogens. Nigeria is widely considered as one state harbouring the richest biodiversity of all the states in the African continent. However, for the past few decades, the state has witnessed increase in ecological threats and crisis from diverse sources, leading to a gradual decline of its biodiversity. Constrained by traditional legal structures, Nigeria has been unable to fully adopt an ecosystemic approach that appreciates the interconnections between the health of our planet, biodiversity, and humans. To many, it is quite evident that existing national and African regional legal and governance mechanisms are not potent enough to adequately address this decline. There is general agreement that there is need for a paradigm shift in this regard – but in what direction? Is it possible that in light of the transboundary nature of many of the existing environmental threats and degradation as well as their sources and the responsible entities, a centrally focused legal approach that includes the creation of an institution as national environmental courts may just be a pragmatic means to an effective governance regime? If indeed the idea that a focused legal approach may include the creation of institutional framework as a national environmental court with the mandate of contributing to enhancement of environmental protection in Nigeria irrespective of conflicting economic and political interests can play a major role in redeeming and protecting the country’s environment, what is the place of such court in the entire debate? This move partly draws inspiration from proposals for an International Environmental Court (IEC) to ensure better global environmental protection first made at the UN Conference on Environment and Development held at Rio de Janeiro in 1992. However, since the establishment of an IEC requires the agreement of many nations (which is relatively difficult to secure) and may not reflect sufficiently the uniqueness of the African continent and its ecological situation, the idea of having a national environmental court (NEC) in African countries is generating some interest across the continent. This paper thoughtfully lends a voice in support of the establishment of a national environmental court in Nigeria. It critically assesses the desirability and justifications for such court, as it suggests that any focused legal effort at tackling human health challenges particularly in light of the COVID 19 pandemic which increases extant pressure in the socio-economic situation of the state must consider the creation of a NEC.