Common Law Approach to Environmental Litigation in Nigeria: Prospects and Challenges

Abstract

The paper examines the common law approach to environmental litigation in Nigeria, focusing on the
causes of action under the common law and their application to environmental disputes. The objective is
to identify the potential prospects and challenges common law causes of action may pose to litigants. The
paper argues that environmental actions in Nigeria are primarily instituted under common law remedies
of nuisance, negligence and strict liability. However, it also contends that common law remedies are
grossly inadequate for effective environmental protection, as they are often individually driven and not
particularly concerned with improving environmental condition. To address this inadequacy, the paper
recommends that combining Common law and statutory litigation approaches may provide a more
effective solution.