EVALUATION OF ENVIRONMENTAL CONSTITUTIONALISM IN NIGERIA

Environmental constitutionalism represents the integration of environmental rights, duties, and principles into constitutional frameworks, emphasizing the interdependence between environmental protection, human rights, and sustainable development. This paper evaluates the concept and practice of environmental constitutionalism in Nigeria, examining how the 1999 Constitution (as amended) accommodates environmental protection within its legal and institutional structures. It explores relevant provisions such as Section 20 of the Constitution, which enjoins the State to protect and improve the environment, and considers its classification under Chapter II—the Fundamental Objectives and Directive Principles of State Policy—which renders it non-justiciable. The study further analyzes the judicial attitude towards environmental claims, highlighting cases such as Gbemre v. Shell Petroleum Development Company Nigeria Ltd (2005) and the growing trend of invoking international environmental norms and human rights instruments to bridge constitutional gaps. The paper argues that while Nigeria’s constitutional framework acknowledges environmental protection as a national objective, its lack of enforceability weakens the realization of environmental justice. Consequently, it recommends constitutional reforms to elevate environmental rights to a justiciable status, strengthen institutional enforcement mechanisms, and align domestic law with emerging global standards of environmental constitutionalism.