ADDRESSING AIR POLLUTION VIA THE PRINCIPLE OF POLLUTER PAYS

Abstract

Air is an indispensable necessity of man’s life on earth. Clean air is fundamental, deprivation of which makes life on earth unbearable and can lead to death. Air pollution can be traced to the abnormal intrusion of foreign particles into the atmosphere, inhalation of which can trigger serious health challenges. The polluter pays principle aims to make perpetrators pay for their environmentally vitiating activities in Nigeria. This paper seeks to analyze the polluter pay principle and examine how far it has been entrenched into the Nigerian legal system to become enforceable. It does not matter how beautifully constructed a statute is, if air pollution continues to permeate into the atmosphere that law is a failure. The doctrinal method would be used with the resort to books, encyclopedias, legal precedents, journals, statutes, and other useful legal and non-legal articles. This paper seeks to address incessant air pollution by individuals and companies, through the instrumentality of environmental laws and the polluters' pay principle, to guarantee reparation for persons who have suffered from air pollution damage, polluters found wanting should be made to face the consequences of their actions. In conclusion, this paper found out that if the polluter pays principle can be applied and statutes emphasizing the principle are used, the problem of air pollution will be half-solved coupled with other alternative measures for cleaner air which have been suggested.