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LOCUS STANDI AND ENVIRONMENTAL JUSTICE IN NIGERIA

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 Format: MS WORD ::   Chapters: 1-5 ::   Pages: 57 ::   Attributes: Questionnaire, Data Analysis ::   10 people found this useful
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CHAPTER ONE

INTRODUCTION

  1. BACKGROUND OF THE STUDY

Locus Standi is a threshold issue in litigations that affects access to justice, jurisdiction, judicial powers and remediation of civil wrongs in the field of constitutional and administrative law. The Supreme Court’s decision in Abraham Adesanya v President, Federal Republic of Nigeria ((1981) stands as the watershed for the modern approach for the application of locus standi in Nigeria.

Interestingly, the apex court’ subsequent decision in Gani Fawehinmi v Akilu (1983) that was supposed to have liberalized the restrictive approach of the court in the Adesanya case did not overrule it. Indeed, the approach of the apex court on the subject need clarity as there are discordant notes in its decisions and that of the Court of Appeal on the subject.

The importation of section 6(6) (b) of the 1979 and 1999 Constitution, and justifiability into the subject of locus standi, blur the ‘sufficient interest’ test now applicable to administrative law cases. The article examines the concept of locus standi, its application in Nigeria, the nuances of the court’s approach arising from the importation of justifiability, the application of the sufficient interest test, and the nature of locus standi that ought to apply in public interest ligation. The bearing of these entire on jurisdiction is discussed before the conclusion and recommendation for clarity of approach by the Nigerian courts.

As a concept, the phrase ‘environmental justice’ has numerous meanings. To assist in exploring the range of definitions, this chapter adopts a taxonomic approach to defining environmental justice, reflecting the range of meanings attributed to this broad, encompassing concept.

It uses Kuehn’s taxonomic approach as a framework for discussion. This approach recognizes environmental justice as incorporating distributive, procedural, corrective and social justice considerations. Kuehn’s taxonomic (2003).

It will be shown that procedural justice advocates meaningful participation in decision-making processes, whereas corrective justice focuses on fair punishment for lawbreakers and fair mechanisms for addressing damage inflicted on individuals and communities.

The social justice aspect focuses on the process of bringing about a more just ordering of society to ensure that everyone’s basic needs are met. Social justice issues are important because they transcend human interaction and are central to any discourse looking at distributive justice: how environmental and other goods and benefits are distributed or shared in a community. Bullard and Johnson (2007).

It will be shown that procedural environmental justice permeates all conceptions of environmental justice. It will therefore be important to critically evaluate procedural environmental justice as a defining feature of environmental justice.

  1. STATEMENT OF THE PROBLEM

Locus standi has been a major barrier to accessing environmental justice in Nigeria. ECTs, in line with the concept of substantial justice over technicalities and the global discourse regarding environmental rights as a human right, have a higher tendency to expand the standing rights to commence an environmental case; in order to accommodate public interest litigation, class actions and individual suits than regular courts.

Finally, several researches have been carried out on strengthening locus standi in public interest environmental litigation: has leadership moved from the United States to South Africa but not even a single research has been carried out on locus standi and environmental justice in Nigeria.

  1. AIM AND OBJECTIVES OF THE STUDY

The main aim and objectives of the study is to examine locus standi and environmental justice in Nigeria. Other specific objectives of the study include:

  1. to determine the relationship between locus standi and environmental justice in Nigeria.
  2. to determine effect of locus standi on environmental justice in Nigeria.
  3. to determine the factors affecting environmental justice and its effect of locus standi.
  4. to proffer possible solutions to the problems.
    1. RESEARCH QUESTIONS

1.     What is the relationship between locus standi and environmental justice in Nigeria?

2.     What is the effect of locus standi on environmental justice in Nigeria?

3.     What are the factor affecting environmental justice and its effect of locus standi?

4.     What are the possible solutions to the problems?

  1. RESEARCH HYPOTHESIS

Ho:  Locus standi has no significant effect on environmental justice.

Hi:   Locus standi has a significant effect on environmental justice.

  1. SIGNIFICANCE OF THE STUDY

The study on locus standi and environmental justice in Nigeria will be of immense benefit in the sense that environmental justice has arisen as a core element in this agenda for change.

Governments and civil society movements around the world are now crafting new development policies, laws and institutions that can help mitigate or prevent the disproportionate impacts from growth on the poor while catalyzing the positive benefits that can arise from sustainable resource use.

Environmental justice is being used by communities and Governments as a means of addressing the distributional impacts of toxicity on the poor and vulnerable, as well as social dimensions of the challenge that have led to divergent development results between rich and poor, between and within countries.

 

  1. SCOPE OF THE STUDY

The study on locus standi and environmental justice is limited to Nigeria.

  1. LIMITATION OF THE STUDY

Time Constraints: One of the challenges experienced by the researcher is the issue of time; the research will simultaneously engage in departmental activities like seminars and attendance to lectures. But the researcher was able to meet up with the deadline for the submission of the project.

Financial Constraints: Every research work needs funding; however lack of adequate funds might affect the speed of the researcher in getting materials for completion of the project.

1.9   DEFINITION OF TERMS

Locus Standi:  The right or capacity to bring an action or to appear in a court.


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Project Information

Format:MS WORD
Chapter:1-5
Pages:57
Attribute:Questionnaire, Data Analysis
Price:₦3,000
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