What Is Environmental Justice? Myths, Legal Rights, And Climate Reality In Nigeria

Environmental justice is one of the most critical socio-legal issues today, standing at the intersection of human rights, climate action, and corporate accountability. Beyond basic environmental protection, true environmental justice demands equitable access to clean air, safe water, and systemic fairness across all communities. Dr Udenna Chukwulobe, Associate Partner at Olisa Agbakoba Legal (OAL), addresses common misconceptions, analyses Nigeria’s legal and constitutional frameworks, and explores how climate reality shapes the future of environmental advocacy.

1. Is environmental justice simply about protecting the environment in a society?

Protection of the environment is merely a subset of environmental justice. Environmental justice is far broader; it deals with environmental fairness, equality, and the equitable distribution of environmental benefits and burdens. That entails everyone having equal access to drinkable water, breathable air, and public information. Environmental protection specifically focuses on preserving natural resources and ecosystems, which is just one component of the broader perspective. 

2. Is environmental justice only relevant to oil-producing regions like the Niger Delta?

Not at all. Environmental harm and climate change affect everyone. Industrialisation brings pollution to every community where economic activity occurs. For example, Lagos is heavily industrialised, and the atmospheric pollution generated there alone is alarming—ranging from manufacturing companies to emissions from everyday electrical generators. The Niger Delta receives heightened attention due to the severe, ravaging effects of oil spills and gas flaring, but environmental justice concerns every community, state, and country.

3. Does environmental justice only apply as a response after environmental harm has occurred?

Strictly speaking, environmental justice deals with sustainable development—development that meets the needs of the present while recognising the right and ability of future generations to sustain themselves. It goes beyond reacting to harm by taking proactive measures to prevent pollution, such as carbon market initiatives designed to curb greenhouse gas emissions. Justice cannot exist without access to justice, which is why ongoing advocacy focuses on eliminating barriers that prevent grassroots communities from claiming these rights.

4. Can environmental damage give rise to legal claims years after it occurred?

Yes. A cause of action arises when a spill or pollution occurs, but as long as the pollution remains uncleaned and continues to spread, a fresh cause of action is created every single day. There is an ongoing debate regarding the statute of limitations. While state laws often specify a five-year limitation period, federal limitation enactments make no such time limit provision for these claims. Furthermore, under Fundamental Rights Enforcement Procedure (FREP) rules, limitation periods do not apply. There is currently a pending bill at the National Assembly seeking to elevate the right to a clean and healthy environment to a justiciable constitutional right, which would establish a solid legal basis for these claims. 

5. Can environmental justice exist without access to justice, and how can grassroots communities access it?

Environmental justice cannot be separated from access to justice—it is like separating the law from its enforcement. Justice without an enforcement mechanism or platform is worthless. Equipping grassroots communities requires public enlightenment campaigns to inform marginalised populations of their legal rights. Communities must also have equal opportunities to participate in decision-making, such as mandatory Environmental Impact Assessments (EIAs) and consultations before major government or corporate projects begin. 

6. Who is responsible for delivering environmental justice in Nigeria?

It is a collective responsibility involving everyone: government institutions, regulatory authorities, courts, multinational corporations, private entities, and individuals. What affects one person ultimately affects another. Even polluters suffer when their operations contaminate the local environment, water, and air. Because we all share the ecosystem, protecting it is a shared duty.

7. Is environmental compliance strictly about avoiding regulatory penalties?

Environmental regulation goes beyond punishment; its goal is to maintain order and promote sustainable development. Rules ensure that economic activities stay within lawful boundaries. Penalties exist primarily as a deterrent to compel coordination and ensure lawful behaviour within society.

8. Does environmental justice discourage economic development and business growth?

Environmental justice actually encourages business rather than discouraging it. Corporate Social Responsibility (CSR) and Environmental, Social, and Governance (ESG) frameworks require businesses to give back and positively impact their host communities. Regulations are not designed to strangle businesses, but to ensure a mutually beneficial relationship where both the enterprise and the host community thrive in a healthy environment. 

9. What is the relationship between environmental justice and fundamental human rights under Nigerian law?

Under Section 20 (Chapter II) of the Nigerian Constitution, environmental protection is outlined, but Section 6(6)(c) renders Chapter II non-justiciable. However, environmental rights directly intersect with justiciable rights under Chapter IV, such as the right to life and human dignity, because a severely polluted environment prevents the enjoyment of basic life and health. Nigerian courts have historically rendered conflicting decisions—from Gbemre v. Shell (2005) recognising this linkage, to Opara v. Shell (2015) limiting it, and the Supreme Court’s pronouncements in Centre for Oil Pollution Watch v. NNPC (2018). Recently, international rulings like the UK Ogale decision highlighted these domestic hurdles. To resolve this, a bill is currently before the National Assembly (and under state review) to constitutionalise the right to a clean and healthy environment as a justiciable right under Chapter IV.

10. What kind of future can a society build without access to enforceable environmental justice?

Without enforceable environmental justice, society is dragged backwards into chaos. Valuable lessons can be drawn from other jurisdictions: Ecuador recognises nature itself as a right-bearing entity capable of being represented in court; South Africa constitutionally guarantees justiciable environmental rights; and India uses active judicial interpretation to enforce environmental rights. Nigeria must build an enforceable legal framework that protects ecosystems and communities alike.

11. What is the most common myth or complex issue surrounding environmental justice that you frequently encounter?

The most common issue is the fundamental lack of understanding regarding the true scope of environmental justice. Many narrow it down without grasping its foundation: environmental justice requires fairness, equality, and an equitable distribution of both the benefits and burdens of the environment. When a business extracts millions in profits while leaving host communities impoverished and polluted, that is environmental injustice.

Beyond that, climate change and global warming remain complex topics for many to grasp. Understanding how human activities directly impact the atmosphere can be difficult, but the reality is undeniable. Even for sceptics, the visible environmental changes over the last four decades speak for themselves. Experiencing a year with almost no Harmattan season during December and January is completely unheard of, yet it happened. Uncharacteristic rainfall patterns and intense heatwaves are direct indicators that our climate system is disorganised due to excessive gas emissions and pollution. Seasonal predictability is fading, proving that our environment is endangered and crying out for help.