In this work, an attempt has
been made to trace the meaning of nuisance, as a tortuous liability, the acts
that constitute it, and its environmental implication or consequence in
xcogenia.
Nuisance, especially in the
farm of oil pollution has caused several hazards to Nigerian environment,
especially in the Niger Delta pants of this country.
Nuisance, as was discussed
in the work can either be private or public depending on the circumstances of
the case, and who has the locus stand to bring an action. Thus, a clear review
of the situation in the Niger Delta region, the case is always that when there
is a nuisance in form of an oil spill, it does not affect only an individual.
It affects the entire community and sometimes, several community, the issue
being a public nuisance which are enforceable only by the Attorney –General,
and many a time, it is seen that the state are always relevant to sue, owing to
the fact that oil company is back borne of revenue of this country.
And before, a single
individual will found an action, he/she must prove that he has suffered harm
far beyond and above others for him to have the locus stand to bring the matter
to court.
Also the Nigerian courts because of economic reasons
has refused in some cases to grant injunction
against the oil company. These inadequacies are some of the bane in curbing
the effect of nuisance in the Nigerian
environment .
However, it is my expectations
that in
future time, the relevant authorities
will braced up to the challenge of effectively enforcing the l``1aw of
nuisance .
REFERENCES
Law of
Environmental Liability by
Theordore Okonkwo
Nigieran Law of Tort torts
by Kodilinye and Aluko
1999 constitution as amended
Law of Tort by John Cooke
law of
Tort by B.A SUSU