Authored By: SALAUDEEN, Hikmat Oloruntola
University of Abuja
Abstract
In recent times, the right to a clean and healthy environment has gained universal recognition and attraction1. This is a far-reaching positive effect of the global effort toward sustainable development and environmental protection. Several institutional and legislative bodies have enacted laws to protect the environment and sustain its resources, and the judiciary, being an arm of government, plays a vital role in environmental protection and the enforcement of the right to a healthy environment in upholding justice. This article analyzes the role of the judiciary in enforcing the right to a healthy environment through judicial activism and intervention, interpretation of laws and statutes, and enforcement of existing laws and judicial precedent, which have adequately contributed to environmental protection and sustainable development.
Keyword: Environmental protection, Healthy Environment, Judiciary.
Introduction
The right to a healthy environment includes, at a minimum, the right to enjoy clean air, safe and sufficient water, healthy and sustainably produced food, a safe climate, healthy biodiversity and ecosystems, and non-toxic environments. It also guarantees access to environmental education and information, public participation in decision making and access to justice.2
In upholding the rule of law, maintaining a balance between ecology and development, and promoting and preserving the environment, the vital role is played by judiciary. By stepping into the shoes of executive, the judicial activism create a positive effect in the field of environmental jurisprudence.3
In countries such as Nigeria and India, their constitution outrightly made the right to a healthy environment provided under Chapter 2 of the Nigeria Constitution and Part IV of India’s Constitution 4 unjusticiable5
The Judiciary has been seen to play a crucial role in the enforcement of individuals right to a clean and healthy environment through judicial activism and judicial interventionism.
The crucial role and intervention of the judiciary in sustaining the environment and upholding the right of individuals to a clean and healthy environment will be established by analyzing several cases in Nigeria and India and examining the court’s position thereto.
Body
1.1 Conceptual Clarification
Environment: “Environment” connotes the natural conditions, for example land, air and water, in which people, animals and plants live.6 The eeclaration of the United Nations Conference on Human Environment defines it as ‘’aspects of man’s environment, natural and man-made, which are essential for his wellbeing and enjoyment of his human rights.
Judiciary: According to Cambridge eictionary, the part of a country’s government that is responsible for its legal system, includeing all the judges in the country’s court.
Environmental Protection : Environmental protection refers to any activity to maintain or restore the quality of environmental media through preventing the emission of pollutants or reducing the presence of polluting substances in environmental media7
Judicial Activism: According to the Blacks Law eictionary (11th Edition) Judicial Activism is a philosophy of judicial decision – making where by judges allow their personal views of public policy, among other factors, to guide their decisions
Right to a healthy environment: The right to a healthy environment or the right to a sustainable and healthy environment is a human right advocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health.8
The right to a healthy environment includes, at a minimum, the right to enjoy clean air, safe and sufficient water, healthy and sustainably produced food, a safe climate, healthy biodiversity and ecosystems, and non-toxic environments. It also guarantees access to environmental education and information, public participation in decision making and access to justice.”9
1.2 Enforcement of Environmental Laws
Over the years, several laws have been enacted both at the National and international level by different institutional bodies and organization for the protection of the environment, sustainable use of it’s resources and comfortability of individuals. The right of individuals to a clean and healthy environment despite its inclusion in some countries’ Constitution has been pronounced non justiciable in other regions such as Nigeria and India. Judges have been seen enforcing those rights through judicial activism and intervention in litigation, even prior to the General Assembly’s adoption of a landmark resolution recognizing the human right to a healthy environment, declaring that everyone on the planet has a right to a healthy environment.10
The judiciary adjudicates disputes arising from violation of environmental law in line with the National Environmental Standards and Regulations Enforcement Agency Act, 11 Harmful Waste (Special Criminal Provision), Environmental Impact Assessment Act (EIA), Petroleum Industry Act, Oil Pipeline Act e.tc The court through their judicial power as seen in Centre for Oil Pollution Watch v. N.N.P.C12 where the Suprrme Court of Nigeria declared to have a duty to protect the environment and would fail in that duty if they do not facilitate the protection the laws have put in place. On this note, the court has grant remedies as damages, injunctions, order for environmental restoration and so many others on its journey of protecting the environment.
1.3 Interpretation of Law
The judiciary have by way of interpretation of the constitution enforce individual right to a clean and healthy environment. The High courts and the Supreme Court of India holds that the right to life and right to personal liberty guaranteed under Article 2113 is part of right to a healthy environment.14 Also, in Nigeria, section 33 and section 3415 which guaranteed right to life and right to personal liberty have been interpreted to be a part of what composes right to a healthy environment. The provision goes thus;
“Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”16
“Every individual is entitled to respect for the dignity of his person, and accordingly”17 The reasoning behind this is that, when a person is exposed to unhealthy, unsafe, and an environment filled with harmful substances, the life of such person is threatened and can be cut short due to these factors, hence, the enforceability of individual right to life. This effort is made to improve the living conditions, uphold fundamental human rights and ensure the principle of sustainable development is respected.
Also, the Supreme Court of Nigeria in the case of Centre for Oil Pollution Watch v. N.N.P.C [2019] 5 NWLR [Pt. 1666] 518 emphasized on the fundamental nature of right to a clean and healthy environment through the interpretation of section 17(4) of the pipeline Act, section 33 and 20 of the Constitution and Article 24 of the African Charter on Human and Peoples’ Rights to mean that all people shall have the right to a general satisfactory environment favorable to their development.
1.4 Judicial Pronouncement and Judicial Precedent
The doctrine of Judicial Precedent had been used to set down records which by implication are binding. In the Nigeria case of Citec Intl Estates Ltd. v. Francis18 the Supreme Court held that; In India, the Supreme Court, without any statutory enactment, but rather for the overall need to do justice, generally liberalised the traditional rule on locus standi with respect to environmental degradation, since, in the court’s view, maintaining a clean environment is the responsibility of all persons in the country.”
By this, the court had pronounced everyone and anyone legally capable to institute an action for breach of environmental protection/Laws.
Also, in Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P,19 Every citizen has a fundamental right to have the enjoyment of quality of life and living as contemplated by Article 21 of the Constitution. Anything which endangers or impairs by conduct of anybody either in violation or derogation of laws, that quality of life or living by people is entitled to be taken recourse of Article 32 of the Constitution. Also, The Federal High Court in Jonah Gbemre v Shell PDC Ltd and Ors 20 having considered the applicant as a bona fide citizens and residents of the Federal Republic of Nigeria, grant the applicant leave for the enforcement of their fundamental rights to life and dignity of the human person as guaranteed by sections 33 and 34 of the Constitution of the Federal Republic of Nigeria, 1999 in an environmental pollution case. In the classicus case of T. Damodhar Rao v. Municipal Corpn. Of Hyderabad21 “The enjoyment of life and its attainment fulfillment guaranteed by Artcile 21 of the Constitution embraces the protection and preservation of nature’s gifts without which life cannot be enjoyed. There can be no reason why practice of violent extinguishment of life alone should be regarded as violative of Article 21 of the Constitution. The slow poisoning by the polluted atmosphere caused by environmental pollution and spoilation should also be therefore, becomes the legitimate duty of the Courts as the enforcing organs of constitutional objectives to forbid all action of the state and the citizen from upsetting the environmental balance”22
Conclusion
In summary, the contribution of the judiciary as an arm of government is not underrated. The judicial branch, which includes all the judges in the country, is vested with the power to interpret law, and has done so judicially and judiciously by extensively converging that power into judicial activism with the intent of enforcing the right to a healthy environment and also aligning with the principle of sustainable development, which establishes the protection of the environment against misuse, and the management and maintenance of natural resources. The Supreme Court of India and the Supreme Court of Nigeria, as well as other courts in the country, have laid down precedents through their pronouncements (judgments) and interpretation of the constitution, statutes, international treaties, and conventions to which their countries are signatories or have domesticated in laws.
Reference(S):
Statute
Constitution of Federal Republic of Nigeria 1999 as amended
Constitution of India
National Environmental Standard Enforcement Agency Act 2017
Oil Pipeline Act
African Charter on Human and People’s Right
Law Report
Africa Human Right Law Report
Nigeria Weekly Law Report
Supreme Court Cases
eictionary
Blacks Law eictionary
Cambridge eictionary
Textbook
Gurdip Singh, Environmental Law (Eastern Book Company, 2nd Edition 2016
Online Sourced
The eeclaration of United Nations General Assembly, The human right to a clean, healthy and sustainable environment, A/RES/7/6/300 (28 July 2022)
World Health Organization, ‘The Right to a Healthy Environment’ < https://cdn.who.int/media/docs/default source/environmental-health-impact/rchsenv> a accessed on 22 September 2025.
Pranjya Paramita Panda, “The Role of Judiciary in Protecting Environment “ Quest Journal Vol 10-6 2022 pg 21.
ESCWA, Term: Environmental Protection. https://www.unescwa.org/sd-glossary/environmental-protection accessed on 22 September 2025
Wikipedia, ‘Right to a healthy Environment’ < https://en.m.wikipedia.org/wiki/Right_to_a_healthy_environment> accessed on 22 September 2025.
1 The eeclaration of United Nations General Assembly, The human right to a clean, healthy and sustainable environment, A/RES/7/6/300 (28 July 2022)
2 World Health Organization, ‘The Right to a Healthy Environment’ < https://cdn.who.int/media/docs/default source/environmental-health-impact/rchsenv> a accessed on 22 September 2025.
3 er. Pranjya Paramita Panda, “The Role of Judiciary in Protecting Environment “ Quest Journal Vol 10-6 2022 pg 21.
4 Constitution of Federal Republic of Nigeria 1999 as amended, s. 17(3), s. 20; Constitution of India, 48A
5 Constitution of Federal Republic of Nigeria 1999 as amended, S.6(6)(c)); Constitution of India, Article 37.
6 A.-G., Lagos State v. A.-G., Federation [2003] 2 NWLR [Pt. 833] 1
7 ESCWA, Term: Environmental Protection. https://www.unescwa.org/sd-glossary/environmental-protection accessed on 22 September 2025
8 Wikipedia, ‘Right to a healthy Environment’ < https://en.m.wikipedia.org/wiki/Right_to_a_healthy_environment> accessed on 22 September 2025.
9 World Health Organization, ‘The Right to a Healthy Environment’ < https://cdn.who.int/media/docs/default source/environmental-health-impact/rchsenv> a accessed on 22 September 2025.
10 United Nations General Assembly, The human right to a clean, healthy and sustainable environment, A/RES/7/6/300 (28 July 2022)
11 2007
12 [2019] 5 NWLR [Pt. 1666] 518
13 Constitution of India
14 Gurdip Singh, Environmental Law (Eastern Book Company, 2nd Edition 2016 pg.79) 15 Constitution of Federal Republic of Nigeria, 1999 as amended.
16 Constitution of Federal Republic of Nigeria, 1999 as amended. s.33
17 Constitution of Federal Republic of Nigeria, 1999 as amended s.34
18[(2021] 5 NWLR [Pt. 1768] 148
19 [1990] 4 SCC 449.
20 [2005] AHRLR 151 [NgHC 2005]
21 1987 SCC Online Ap 6: AIR 1987 AP 171
22 Gurdip Singh, Environmental Law (Eastern Book Company, 2nd Edition 2016 pg.81)
