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2 J. Envtl. L. & Pol'y 139 (2022)
Prospects and Challenges to Prove Environmental Harm in Litigation: Status Quo in Nigeria

handle is hein.journals/jevlp2 and id is 300 raw text is: ISSN 2564-016X I December 2022 PROSPECTS AND CHALLENGES TO PROVE ENVIRONMENTAL HARM IN LITIGATION: STATUS QUO IN NIGERIA Awodezi Henry Faculty of Law, University of Delta, Agbor, Nigeria Email: h.awodezi@unidel.edu.ng; henryawodezi@gmail.com ORCID: https://orcid.org/0000-0002-1179-3371 Received: 10 October 2022 1 Accepted: 13 November 2022 1 Published: 28 December 2022 ABSTRACT Environmental litigation and enforcement of environmental rights remain a global challenge to sustainability, especially in developing countries such as Nigeria. The increasing rates of industrial activities have led to increase in production of hazardous substances posing threat to lives of the inhabitants of the environment. Victims of environmental harm most times find it difficult to protect and enforce their environmental rights. Proving environmental harm such as damages to property in litigation to enforce rights of compensation or restoration for damages suffered becomes difficult due to locus standi technicalities and undue delays during trials. Sometimes victims are faced with financial constraint in pursuing the course of justice which involves retaining the services of a lawyer and expert witnesses. This paper, therefore, examines the prospects and challenges to proving environmental harm in litigation. This paper employs doctrinal legal research methodology and content analysis of both primary and secondary sources in relation to proving environmental harm in litigation. On this premise, this paper recommends the application of the principle of Res Ipsa Loquitur in trials of environmental cases. Proving environmental harm for the enforcement of environmental rights by victims, should be totally devoid of technicalities of law during trials. This will in turn promote the course of justice in cases dealing with environmental harm. Keywords: Environmental harm; Challenges; Litigation; Compensation; Locus standi Editor-in-Chief Prof. Dr. Kamrul Hossain I Deputy Editors-in-Chief Dr. Evgeniya Kopitsa, Prof. Dr. Ngozi Finette Unuigbe I Executive Editor: Dr. Hasrat Arjjumend How to cite this paper: Awodezi Henry, 'Prospects and Challenges to Prove Environmental Harm in Litigation: Status Quo In Nigeria' (2022) 02 (03) Journal of Environmental Law & Policy 139-153 <https://doi.org/10.33002/jelp2.03.04> Copyright © 2022 by author(s). This work is licensed under the Creative Commons Attribution International License (CC BY 4.0). http://creativecommons.org/licenses/by/4.0/ COpen Access

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