Emboldening Environmental Regulation :

Abstract

The essay attempts to analyze judicial independence in adjudication of environmental matters, particularly in Nigeria. It suggests that following the trend in judicial decisions reached by Nigerian courts, in the absence of an explicit constitutional provision on right to the environment; matters relating to the environment have often been determined on legal technicalities and tend to place overt emphasis on economic rationale that jeopardize the meeting of environmental needs. The essay maintains that to embolden environmental regulation in Nigeria, the capacity of Nigerian courts to determine disputes relating to the environment, must be improved upon. However, the capacity of courts to exercise judicial independence in the adjudication of environmental disputes is largely dependent on the imperative will of the Nigerian State to incorporate explicit provisions on the environment and environmental rights into the main body of the Constitution, signalling the onset of a bias for environmental protection in the entire polity