ADOPTING ENVIRONMENTAL PERSONHOOD IN NIGERIA: CHALLENGES, OPPORTUNITIES AND IMPLICATIONS

Abstract

This study explores the concept of environmental personhood and its potential adoption in Nigeria as a paradigm shift in legal and Philosophical views on enhancing environmental protection. Environmental personhood, an ecocentric notion, accords legal rights to natural entities such as rivers, forests, and mountains, akin to those traditionally granted to humans. This concept has been increasingly recognised globally as a tool for more effective protection of ecosystems and biodiversity. This study delves into the relevance of this approach in the Nigerian context, advocating particularly for its adoption in relation to addressing environmental degradation, safeguarding indigenous rights, and promoting sustainable development. The study employs a qualitative methodology, utilising doctrinal analysis of legal texts, case law, and comparative studies from jurisdictions where environmental personhood has been established. The analysis highlights several challenges, including the rigidity of Nigeria’s existing legal framework, the absence of political will, cultural resistance to the concept of nature having rights, and the potential conflict with established property rights. The findings indicate that integrating environmental personhood into Nigeria’s legal system could significantly improve environmental governance, offer robust legal support for environmental advocacy, and contribute to global environmental justice initiatives, including advancing key Sustainable Development Goals (SDGs). Nonetheless, practical implementation would necessitate comprehensive legal reforms, extensive public education, and active stakeholder engagement to ensure effective integration. The study recommends several measures, including amending current environmental legislation to incorporate environmental personhood, using strategic litigation to establish legal precedents, and collaborating with indigenous communities to honour traditional ecological knowledge. The study concludes that despite the challenges, the adoption of environmental personhood presents a transformative opportunity to bolster Nigeria’s environmental protection regime, thereby contributing to global efforts in achieving environmental sustainability and resilience.