BEYOND HUMAN-CENTERED ENVIRONMENTAL RIGHTS: A LEGAL ARGUMENT FOR CONSTITUTIONAL RECOGNITION OF NATURE IN NIGERIA. BEYOND HUMAN-CENTERED ENVIRONMENTAL RIGHTS: A LEGAL ARGUMENT FOR CONSTITUTIONAL RECOGNITION OF NATURE IN NIGERIA.

Global constitutionalism increasingly reflects a shift from anthropocentric, policy-based environmental regulation towards ecocentric, rights-based frameworks that recognize nature as a bearer of intrinsic rights. While Nigeria possesses an extensive suite of environmental statutes, these frameworks remain weakened by the non-justiciable character of environmental rights under Section 20 of the 1999 Constitution. In contrast, South Africa embeds environmental rights as enforceable constitutional guarantees; India creatively expands environmental protection through judicial interpretation of the right to life; and Ecuador provides the most transformative model by constitutionalizing the Rights of Nature. Against the backdrop of doctrinal inconsistencies in Nigeria’s jurisprudence, from progressive decisions such as Gbemre, Ajanaku and Center for Pollution Watch, to restrictive decisions such as Opara and Bille & Ogale, this article argues that the pending constitutional amendment elevating the right to a clean and healthy environment is commendable but insufficient. Nigeria must move beyond anthropocentric protections and adopt constitutional Rights of Nature as a stronger, more coherent foundation for environmental justice, sustainability, and intergenerational equity.

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