Opinions
Environmental Rights as Constitutional Rights: Nigeria’s Legal Evolution, by Collins Okeke
The Supreme Court’s watershed decision in Centre for Oil Pollution Watch (COPW) v. Nigerian National Petroleum Corporation (2019) 5 NWLR (Pt. 1666) 518 cemented the constitutional status of environmental rights.

Introduction
The environmental crisis in Nigeria’s Niger Delta region represents one of the most severe cases of industrial pollution in human history.
Since oil’s discovery in 1958, this once-pristine delta ecosystem has endured systematic degradation through oil spills, with conservative estimates indicating between 9 and 13 million barrels of oil released into the environment.
Between 2020-2021 alone, the National Oil Spill Detection and Response Agency documented 822 separate oil spills, releasing 28,003 barrels of oil into sensitive ecosystems.
Nigerian courts have developed an innovative constitutional framework for environmental protection in response to this ongoing environmental catastrophe.
This jurisprudential evolution marks a significant departure from traditional common law and statutory remedies, establishing environmental rights as fundamental human rights deserving constitutional protection.
Changing environmental rights from mere policy objectives to enforceable constitutional rights represents one of the most significant developments in Nigerian constitutional law.
Constitutional Framework for Environmental Protection
The Nigerian Constitution establishes environmental protection through several interconnected provisions.
Section 20 explicitly mandates that “the State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria.”
Whilst placed within Chapter 2 of the Constitution, this provision has gained increasing significance through judicial interpretation and legislative action.
Traditionally, Section 20’s placement within the Fundamental Objectives and Directive Principles of State Policy rendered it non-justiciable under Section 6(6)(c) of the Constitution.
However, Nigerian courts have developed two significant exceptions to this principle of non-justiciability.
The first exception arises when the National Assembly exercises its powers under Items 60(a) and 68 of the Exclusive Legislative List by enacting laws to “promote and enforce the observance of the Fundamental Objectives and Directive Principles” contained in Chapter 2 of the Constitution.
When the National Assembly enacts legislation relating to Chapter 2 provisions pursuant to Items 60(a) and 68 of the Exclusive Legislative List, the courts have consistently held these provisions to be enforceable.
The second exception occurs when Chapter 2 provisions are interpreted in conjunction with justiciable provisions of the Constitution, particularly the fundamental rights outlined in Chapter 4. In such circumstances, the provisions of Chapter 2 become enforceable.
Beyond Section 20, the Constitution provides additional environmental protection through fundamental rights provisions.
Section 33(1)’s right to life and Section 34(1)’s right to human dignity have been interpreted to encompass environmental protection.
These provisions within the justiciable Chapter 4 provide direct avenues for environmental rights enforcement.
African Charter Framework
The African Charter operates through a unique dual mechanism in Nigeria, functioning as an international treaty and as domestic legislation through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
The Supreme Court in Abacha v Fawehinmi (2000) 6 NWLR (Pt. 660) 228 established that whilst the African Charter is subject to the Constitution, it holds “a greater vigour and strength” than ordinary domestic statutes.
The Charter provides several environmental rights that complement constitutional protections.
Article 4 guarantees the right to life, which the African Commission has interpreted to include protection from life-threatening environmental conditions.
Article 16 establishes the right to the best attainable state of physical and mental health, whilst Article 22 recognises the right to economic, social, and cultural development.
Most directly, Article 24 guarantees the right to a general satisfactory environment favourable to development.
These Charter rights gain additional force through the Fundamental Rights Enforcement Procedure Rules 2009, which mandate expansive interpretation of both constitutional and Charter rights.
The Rules specifically provide for enforcement of Charter rights alongside constitutional rights, creating a comprehensive framework for environmental protection.
Early Jurisprudential Developments Initial judicial approaches to environmental rights claims adopted a restrictive interpretation of constitutional provisions.
Courts generally treated environmental matters as policy issues rather than justiciable rights, limiting remedies to traditional common law and statutory frameworks.
This approach reflected a narrow reading of Section 6(6)(c), treating Chapter 2 provisions, including Section 20’s environmental mandate, as purely aspirational. However, over time, this restrictive approach began to shift.
The Supreme Court established the transition from non-justiciability to enforceability of Chapter 2 rights in the landmark decision of Olafisoye v. Federal Republic of Nigeria (2005) 51 WRN 6. Olafisoye was charged with corrupt practices under Section 15(5) of Chapter 2 of the Constitution, which addresses the fundamental objective of government to abolish corruption.
Olafisoye challenged his indictment on the grounds that Section 15(5) of Chapter 2 of the Constitution was non-justiciable.
After losing at both the High Court and Court of Appeal, he made a final appeal to the Supreme Court.
Justice Niki Tobi, delivering the lead judgement, first reviewed the history of Chapter 2 rights and referenced the “raison d’être” of the Constitution’s drafters to explain the chapter’s rationale.
The Supreme Court Justice stated that Chapter 2 rights were established in the Constitution as aspirational goals with future potential for enforceability.
He explained that this was why Section 6(6)(c) provided exceptions to the non-justiciability of Chapter 2.
Justice Niki Tobi held that whilst corrupt practices established by Section 15(5) are not justiciable at face value, these provisions may become justiciable when read in conjunction with Item 60(a) of the Second Schedule to the Constitution, which empowers the National Assembly “to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution.”
He stated: “The non-justiciability of Section 6(6)(c) of the Constitution is neither total nor sacrosanct as the subsection provides a leeway by the use of the words ‘except as otherwise provided by the Constitution.’
A community reading of Item 60(a) and Section 15(5) results in quite a different package, a package which no more leaves Chapter 2 a toothless dog which could only bark but cannot bite.
In my view, by the joint reading of the two provisions, Chapter 2 becomes clearly and obviously justiciable.”
The Supreme Court dismissed Olafisoye’s objection, with Justice Niki Tobi holding that the indictment fell within the exceptions permitting the National Assembly to legislate the enforcement of Chapter 2 rights.
The Olafisoye decision established the doctrine that whilst Chapter 2 (Fundamental Objectives and Directive Principles of State Policy) is generally non-justiciable, it is enforceable within the exceptions permitted by the Constitution.
The Gbemre Decision: A New Direction
The Federal High Court’s decision in Gbemre v Shell Petroleum Development Company Nigeria Ltd & Ors (2005) AHRLR 151 marked a fundamental transformation in Nigerian environmental rights jurisprudence.
The case concerned gas flaring activities in the Niger Delta region, with communities alleging violations of both constitutional and Charter rights.
The Court’s groundbreaking decision recognised environmental rights as fundamental human rights for the first time in Nigerian judicial history.
In a seminal declaration, the Court held that “the constitutionally guaranteed fundamental rights to life and dignity of human person provided in Sections 33(1) and 34(1) of the Constitution… inevitably includes the right to clean poison-free, pollution-free and healthy environment.”
Significantly, the Court found that gas flaring activities violated these constitutional rights, establishing that industrial activities causing environmental harm could constitute fundamental rights violations.
The decision also bridged constitutional and Charter protections, demonstrating how these frameworks could work together to protect environmental rights.
COPW: Supreme Court Confirmation
The Supreme Court’s watershed decision in Centre for Oil Pollution Watch (COPW) v. Nigerian National Petroleum Corporation (2019) 5 NWLR (Pt. 1666) 518 cemented the constitutional status of environmental rights.
The case arose from an oil pipeline explosion that contaminated waterways, destroyed aquatic life, and threatened community health and livelihoods.
The Supreme Court stated: “The present action concerns an oil pipeline that burst, allegedly spilling crude oil into waterways, polluting drinking sources and destroying aquatic life, plant life, and fauna, and also endangering the health and lives of the people of the community.
In this regard, Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 provides for the right to life.
Any act or omission which threatens the health of the people of the community also threatens their lives and is in breach of the guarantee of the right to life provided by the Constitution of the Federal Republic of Nigeria, 1999.”
The Court further stated: “Section 33 of the 1999 Constitution guarantees the right to life whilst Section 20 of the Constitution provides that ‘the State shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of the country.’
See also: Article 24 of the African Charter on Human and Peoples’ Rights, which provides ‘All peoples shall have the right to a general satisfactory environment favourable to their development.’
These provisions show that the Constitution, the legislature and the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory, recognise the fundamental rights of the citizenry to a clean and healthy environment to sustain life.”
This judgement significantly expanded the scope of environmental rights within the context of oil pollution damage, particularly linking the right to life and the right to a clean environment.
Communities affected by environmental degradation now have standing to bring constitutional claims. Courts must consider environmental harm within the framework of fundamental rights violations.
Impact and Current State of the Law
The COPW decision effectively overruled more restrictive approaches to environmental rights, establishing several crucial principles.
First, it confirmed that environmental degradation can violate fundamental rights under both the Constitution and the African Charter.
Second, it established that environmental rights are directly enforceable through constitutional claims.
Third, it mandated a broad and purposive interpretation of environmental rights to ensure effective protection. Subsequent courts have consistently followed and built upon COPW’s constitutional framework.
Most notable are Mobil Producing (Nig) Unlimited v. Ajanaku & Anor (2021) LPELR-52566(CA) and Chief Isaac Obor – Ntito Torchi and Others v. Shell Development Company Limited and Others (Suit No. FHC/OW/CS/05/2020).
In the latter case, the most recent case, the court awarded unprecedented damages of Eight Hundred Billion Naira against Shell for environmental pollution – the largest such award in Nigerian history. This represents a decisive shift from the old constitutional orthodoxy that considered environmental rights non-justiciable to the current approach treating them as enforceable constitutional rights.
These developments have significant practical implications. Communities affected by environmental degradation now have standing to bring constitutional claims. Courts must consider environmental harm within the framework of fundamental rights violations.
The broad interpretative approach mandated by COPW and followed in subsequent cases provides flexibility in recognising various forms of environmental harm as rights violations.
These legal developments for multinational oil companies operating in Nigeria present substantial new risks and obligations.
The elevation of environmental rights to constitutional status means that oil companies now face potential liability not just under traditional environmental regulations, but also for fundamental rights violations.
This expanded liability framework has several key implications for multinationals:
First, the constitutional framework allows for significantly higher damages awards, as demonstrated by the Eight Hundred Billion Naira judgement against Shell.
Unlike statutory environmental fines, there are no preset limits on constitutional damages.
Second, the broader standing rules for constitutional claims mean that entire communities, not just directly affected individuals, can bring claims against oil companies.
Third, the constitutional nature of these rights means that companies cannot rely on mere compliance with environmental regulations as a complete defence – they must ensure their operations do not infringe on fundamental rights to life and a healthy environment.
Finally, the constitutional framework creates enhanced reputational risks for multinationals, as being found liable for human rights violations carries greater stigma than traditional environmental infractions.
▪︎Collins Okeke is an Associate Partner, Olisa Agbakoba Legal.
Opinions
Buhari’s Death Abroad Reflects a Nation That Starves Its Healers by Dr. Adunmoye Ayoade

Former President Muhammadu Buhari died abroad, far from home, in a foreign hospital. His death, while solemn, is also symbolic.
It reflects a painful irony: the same country whose leaders refuse to invest in its healthcare system continues to starve its own healers.
Nigerian doctors and health professionals, the true lifeblood of the nation, are underpaid, overworked, and systemically ignored.
While political elites escape abroad for care, those who remain behind to hold the fragile system together are left to struggle in silence with little support and even less dignity.
The Nigerian health system is in a state of emergency, crippled by gross underfunding and a mass exodus of medical professionals.
While public hospitals deteriorate, political elites indulge in medical tourism, flying abroad for treatments that could be managed locally.
This is an insult to every Nigerian who has no choice but to rely on poorly funded public hospitals.
The masses bear the brunt of this collapse, facing endless queues, dilapidated infrastructure, and overworked doctors who themselves are victims of a broken system.
The “Japa” syndrome has led to the departure of thousands of our best healthcare providers due to inadequate pay, poor welfare, and lack of adequate security.
Those who remain are stretched thin and overwhelmed, expected to perform miracles under frustrating conditions.
Moreover, beyond exhaustion, many doctors feel frustrated, undervalued, and financially insecure.
A frustrated doctor can inadvertently become a dangerous one, not out of intent, but because the environment fosters mistakes, burnout, and emotional detachment.
Medicine may be a humanitarian profession, but using that to justify poor pay and welfare neglect is moral injustice at its worst.
The poor pay has forced many medical professionals to work at multiple hospitals, often to the detriment of their health and family.
Health workers in Nigeria deserve much more: better pay, housing, and car loans, opportunities for professional development, and mental health support.
These are not luxuries, they are critical investments in the nation’s survival and well-being. The masses, civil society organizations, and religious bodies should join the advocacy for this.
No country mistreats its health workers and thrives. A nation that cannot protect its healers is ultimately unfit to protect its people.
The fact that political elites chose foreign hospitals over local ones is a damning confession: they do not believe in Nigeria.
They do not trust the system they have created, nor do they care for the lives of the ordinary citizens they swore to protect. This is a profound betrayal that cannot be ignored.
In light of this disgraceful reality, the Nigerian Medical Association (NMA) must take urgent action. A bill should be sponsored to prohibit public office holders from seeking medical care abroad for any condition that can be managed in Nigeria.
Our leaders should be compelled to use the same system they oversee. If they can subject themselves to our justice system, they should do the same with our health sector.
Nigerians have internalized years of pain and disillusionment, and their reaction to the death of their leaders reflects the raw emotion of a people long abused and neglected.
If the time ever comes when Nigerians decide to channel their pain into action, history will not be kind to those who failed to act when they had the chance.
The ruling class cannot afford this, and hence the need for them to demonstrate patriotism and a genuine care for the masses.
Now that former President Buhari has been buried, we must also bury the years of neglect, poor remuneration, and systemic disregard for the welfare of our medical personnel.
Let his passing signal a new era where those who hold up our healthcare system are valued, respected, and adequately rewarded.
A reformed health system with good remuneration for its personnel is not a luxury; it is the foundation of a nation that values life, justice, and its people.
Contact email: princeayoade@gmail.com
Opinions
One Million Teachers (1MT) Sparks National Policy Conversation with Transformative Education Model
Let There Be Teachers” Conference is expected to gather over 60,000 teachers—the largest congregation of educators ever on African soil.

At a time when Nigeria’s education system faces unprecedented challenges, 1 Million Teachers (1MT) is offering not just hope—but a proven, homegrown solution.
With an ambitious vision to train and empower one million teachers across underserved communities, 1MT is redefining how education can transform society by placing teachers at the heart of national development.
Rooted in the belief that empowered teachers are the foundation of any thriving society, 1MT’s model has already reached over 100,000 educators across Africa. Its bold target?
One million teachers within five years—creating a ripple effect that will impact millions of learners and entire communities.
A Multi-Pronged Strategy Anchored in Innovation 1MT’s growth is built on five core pillars:
• Blended Learning: A hybrid training model combining online courses with offline community hubs for maximum reach.
• Gamified Teacher Development: The 1MT Blackbelt Program motivates teachers to grow through a merit-based, badge-earning system.
• Community Mentorship: Graduates become mentors, creating self-reinforcing networks of leadership and support.
• Strategic Global Partnerships: Collaborations with institutions like Queen’s University, HP, and Girl Rising extend 1MT’s footprint and credibility.
• Anchor Schools: Designated excellence hubs that serve as real-world laboratories for pedagogy and innovation.
The 1MT Village: Turning Vision into Tangible ChangeMore than just a campus, the 312-acre 1MT Village is a living, breathing demonstration of what happens when visionary thinking meets localised, Afrocentric action.
The Village serves as the “flywheel” of the 1MT mission—its engine room and proving ground.
• A Talent Pipeline: It houses the Centre for Teaching Excellence, Blackbelt educator residencies, the Green School, and a vocational institute—all designed to nurture future education leaders.
• A Regenerative Revenue Model: With businesses in agriculture, tourism, and cultural enterprise, the Village funds its growth sustainably.
• A Magnet for Global Collaboration: Donors, researchers, government officials, and major brands like HP and Mastercard Foundation are drawn to its tangible impact.
• A Policy Laboratory: The Village tests and demonstrates education reforms—from curriculum co-creation to budget simulations—grounded in local realities and teacher leadership.
As Nigeria seeks answers to its educational crisis, 1 Million Teachers are not waiting for change.
‘Let There Be Teachers’ Conference:
National Advocacy on a Global Stage Slated for September 20, 2025, at Tafawa Balewa Square, Lagos, the “Let There Be Teachers” Conference is expected to gather over 60,000 teachers—the largest congregation of educators ever on African soil.
Aiming for a Guinness World Record, the event is more than symbolic; it’s strategic.
The conference will spotlight the 1MT Blackbelt Graduation—a celebration of master educators trained through the 1MT model—and push for policy reforms including:
• Teacher-led education ministries.• Increased education funding
• Higher entry standards for teacher colleges
• Curriculum design co-owned by teachers.
• Official recognition of October 5 (World Teachers’ Day) as a national holiday.
One Movement, Many Voices
The synergy of 1MT, the Village, and the Conference is no accident. Together, they form a powerful ecosystem:
• 1MT is the heart—training teachers with world-class tools.
• The Village is the body—housing the mission in a living curriculum.
•
The Conference is the voice—speaking truth to power and the world.
As Nigeria seeks answers to its educational crisis, 1 Million Teachers are not waiting for change.
It is building it—acre by acre, teacher by teacher, voice by voice.Let there be teachers. Let them breathe. Let them lead.
Opinions
Who Will Bell The Cat? By Emeka Monye
Whether we belong to one religious group, political party or ethnicity is inconsequential because the harsh economy is hitting hard on everyone.

The phrase “Who will bell the cat?” originates from a medieval fable about mice who decided to put a bell on a cat to warn them of its approach.
However, they realize that the difficult part is finding a volunteer to actually bell the cat.
The story is a classic fable that teaches a valuable lesson about courage, responsibility, and the challenges of implementing a good idea.
In modern usage, the phrase is often used metaphorically to ask who will take bold action or assume responsibility for a difficult or risky task.
In the story, a group of mice gather to discuss ways to protect themselves from a sly cat that has been terrorizing them.
One clever mouse suggests attaching a bell to the cat’s neck, so the mice can hear it coming and scurry to safety.
The plan seems brilliant, but when the mice are asked who will actually bell the cat, no one volunteers.
Here lies the challenge, everyone was scared of being the victim. The mice realize that it’s easy to propose a plan, but much harder to put it into action, especially when it involves risk.
This fable highlights the importance of considering the practicalities and potential consequences of a plan, as well as the need for courage and willingness to take action.
This is the reality we have found ourselves in modern day Nigeria.
Everyone is complaining, complaining and lamenting about the harsh economic and political disequilibrium, yet no one is bold enough or has summoned the gut to take charge and offer a real solution to the present socio-economic quagmire.
Every day on various social media, the ranting is hitting the high heavens, ceilings are being shattered and walls are being broken by people, mostly the common man, about the state of affairs in the country.
Unfortunately, and like the proverbial mice, no one seems to have summoned the courage to face the Intimidators of the large chunk of the people.
Many of those caught in this web of animal oppression have been divided along fault lines, including politics, tribe, ethnicity and worst of all, religion.
Whether we belong to one religious group, political party or ethnicity is inconsequential because the harsh economy is hitting hard on everyone.
Everyone is complaining, complaining and lamenting about the harsh economic and political disequilibrium, yet no one is bold enough or has summoned the gut to take charge and offer a real solution to the present socio-economic quagmire.
People are on a daily basis dropping dead, either by committing suicide or accidental, because they cannot afford the basic needs of life such as food.
While the political leaders have been fingered as the architect of this present economic circumstance, the reality existing among the followers who in this context can be likened to the mice, is that most of them have not been able to summon the courage to take action.
At best what we hear is false courage on social media, people hiding under pseudonyms to call on unsuspecting and naive Nigerians to go out and cause mayhem, yet these same faceless groups of people oftentimes turn around to betray the people’s trust.
And When groups or individuals in positions of power prioritize their own interests over the trust placed on them, it can lead to feelings of betrayal and disillusionment.
This phenomenon can be seen in various contexts, including politics, business, and social movements.
When leaders or representatives fail to uphold their responsibilities or act with integrity, it can erode trust and undermine the relationships between those in power and the people they serve.
To mitigate these risks, it’s essential to establish robust systems of accountability, transparency, and checks and balances.
This can help ensure that those in power act in the best interests of the people they serve and not make them live like the proverbial MICE seeking for a VOLUNTEER to bell the CAT
•Emeka Monye Is A Journalist And Works With ARISE NEWS
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