Abstract
The judicial enforcement of environmental justice in Nigeria faces significant challenges which
includes jurisdictional conflicts, non-compliance by transnational corporations (TNCs) with court
judgments, and systemic delays. While State High Courts have historically adjudicated
environmental disputes, issues of jurisdiction exemplified in Shell v. Isaiah, Iwherekan v. Shell,
and Four Fishermen v. Shell have raised concerns about access to justice for pollution victims,
especially following the Supreme Court’s interpretation of the relevant provisions of constitution
which grants exclusive jurisdiction to the Federal High Court over oil-related environmental
disputes. Multinational oil corporations frequently exploit procedural loopholes to evade
accountability, while weak enforcement mechanisms have remained a formidable hinderance to
effective remediation for victims of environmental damage. A comparative analysis with South
Africa highlights the benefits of a constitutionalized approach to environmental rights which
Nigeria must draw inspiration from. Unlike Nigeria, where environmental rights remain largely
non-justiciable, South Africa’s Constitution explicitly guarantees the right to a healthy
environment which ensures that a stronger legal enforcement and judicial oversight is in place.
Similarly, India’s establishment of the National Green Tribunal (NGT) offers valuable lessons in
terms of expediting environmental litigation and ensuring corporate accountability. The NGT’s
role in enforcing environmental laws and reducing the burdens of litigation offers invaluable
insight to Nigeria on the need for Nigeria to consider specialized tribunals for environmental
disputes. This study commends the Supreme Court of Nigeria for addressing jurisdictional
ambiguities and their interpretative roles but argues that a strengthened judicial mechanisms and
institutional reforms must be adopted to enhance environmental justice. Drawing insights from South Africa’s constitutional approach and India’s specialized environmental tribunal system, this
paper recommends the constitutionalization of environmental rights and the establishment of an
environmental court to improve access to justice for victims of environmental hazards in Nigeria.