The Legal Status Of Sustainable Development In The Nigerian Environmental Law

Abstract

Sustainable development underpins environmental governance in all
jurisdictions, but its legal status is still controversial. The major problem
which Nigerian courts and policy-makers will continue to face when
implementing and enforcing sustainable development in environmental
governance is whether it is a moral or legal concept and, if it is the latter,
whether it has metamorphosed into a legal principle or the rule of law having
a normative value. This article argues that the legal status of sustainable
development in Nigeria depends on which legal instrument it is incorporated
and whether it is expressed in a general or specific mandatory language.
Also, its legal status depends on the pronouncements of Nigerian courts on it.
Methodologically, the qualitative content analysis is used to ascertain the
legal status of sustainable development in the statutes and case law examined.
In order to enhance the implementation and enforcement of sustainable
development in the Nigerian environmental law, the conclusion of this article
adopted as recommendations the latter part of its argument that sustainable
development should be made an essential part of the right to life, the relevant
constitutional provisions on the environmental should be amended to reflect
it and, in addition, section 20 of the Constitution of the Federal Republic of
Nigeria 1999 should be transferred to Chapter IV of the Constitution, which
deals with fundamental human rights.