Addressing the environmental rights of the Niger Delta States through governments’ social responsibility

Abstract

Environmental Rights depict access to the unspoiled natural resources that enable survival including land, shelter, food, water and air. It is any proclamation of a human right to environmental conditions of a specified quality, human rights and the environment. Chapter II of the Constitution of Federal Republic of Nigeria, 1999 in its fundamental objectives and Directive Principle of the State Policy directs the state to protect and improve the environment and safeguard the water, air, and land, forest and wildlife of Nigeria. This is so, notwithstanding its non-justiciable attributes. But the right to ownership and control of natural resources under the said Constitution as Nigerian law is constitutional. Basically, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in its section 44(3) and item 39 schedule II of the Exclusive Legislative List vests the control and management of the natural resources and hydrocarbon operations on the federal government for the common good and benefit of the citizens. However, these resources are within the physical and environmental areas of the Niger Delta who feel the impacts of their exploration, production and mining and therefore, deserve protection. This paper aims at appraising the above Constitutional provision along with environmental protection laws in Nigeria especially the New Petroleum Act to seeing how the Federal Government has been socially responsible to the Niger Delta States under whose environment the Federal government of Nigeria’s 90% of Foreign and gross earnings are obtained. The paper adopts the doctrinal research method using primary and secondary sources of law. The paper recommends the option of social responsibility on the part of the Federal Government. This will compel cooperation from the Niger Delta States.