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The Socio-Economic Rights And Accountability Project (SERAP) / Nigeria

Country/Territory
Nigeria
Type of court
Others
Date
Dec 14, 2012
Source
UNEP, InforMEA
Court name
Community Court of Justice of the Economic Community of Western African States - ECOWAS
Seat of court
Abuja
Judge
Benfeito Mosso Ramos; Hansine Donli; Anthony Alfred Benin; Clotilde Médégan Nougbodé; Eliam Potey
Reference number
Judgement No. ECW/CCJ/JUD/18/12
Language
English
Subject
Environment gen., Waste & hazardous substances
Abstract

In this case, the Plaintiff alleged violation by the Defendants (the Federal Republic of Nigeria) of the rights to health, adequate standard of living and rights to economic and social development of the people of Niger Delta and the failure of the Defendants to enforce laws and regulations to protect the environment and prevent pollution due to oil prospecting and oil spills.

The Court concludes that the Federal Republic of Nigeria has defaulted in its duties in terms of vigilance and diligence as party to the African Charter on Human and Peoples’ Rights and adjudges that the omission to act and to prevent damage to the environment characterises the violation of its international obligations under Articles 1 and 24 of the African Charter on Human and Peoples’Rights.

Consequently, the Court orders the Federal Republic of Nigeria to:

i. Take all effective measures, within the shortest possible time, to ensure restoration of the environment of the Niger Delta;

ii. Take all measures that are necessary to prevent the occurrence of damage to the environment;

iii. Take all measures to hold the perpetrators of the environmental damage accountable.

Full text
SERAP_V_FEDERAL_REPUBLIC_OF_NIGERIA.pdf