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1. Introduction
Studies have shown that as long as human activities negatively impact on the natural environment, environmental damage is inevitable (Ebeku, 2003). Such damage affects both the environment itself and its living inhabitants, particularly human beings. According to Emeseh (2012), large-scale environmental damage results from human activities such as the exploration and exploitation of the natural environment for economic purpose. The profound effect of environmental damage on human lives, health and conditions of living calls for the need to establish legal rights and protection for victims. However, unlike the established fundamental rights which protect the rights to life, liberty and personal dignity of human beings, environmental rights or the right of human beings to a clean, safe and healthy environment is a recent evolution. For instance, it is during the past 20-30 years that there has been unprecedented demand for new regulation in the field of environmental protection, which has in turn influenced the immense growth in both the body of environmental legislations and in re-thinking the idea and principles of environmental protection itself (Soveroski, 2007). At the global level, the necessity to recognize a new fundamental human right, which is the right to a safe, healthy and balanced environment, has only gradually developed (Puraite, 2012).
Despite the urgency of environmental rights issues shown by the growing number of claims by individuals and communities seeking remedies for, and protection from, severe environmental degradation, the development of law in this area is pretty slow (Soveroski, 2007). This appears to be the situation particularly in developing countries like Nigeria where there is no legislation creating environmental rights (Ameshi, 2010). Currently, the practice of environmental rights differs from country to country. Whereas most of the nations of Europe, the USA and a significant portion of Asia have environmental rights laws in place, most Middle Eastern, African, Pacific and Caribbean countries do not yet have these rights incorporated into their national laws (Banisar, 2012). Nigeria is one of the notable African countries that have not enacted such laws for the benefit of its vast population, particularly those inhabiting the oil- and gas-producing Niger Delta region (Ameshi, 2010).
This article examines the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for...