Nuisance and its
environmental consequence in Nigeria is a broad topic to be enlarged. If we
consider how some parts of Nigeria environment
look like, it will be more necessary to state here using a common mans meaning
of nuisance, as anything or person that causes trouble, in convenience or
obstructions to the convenient of
another. However, in legal sense, the word nuisance has a less wide
meaning because every inconvenience, irritation, or annoyance is not actionable
as a nuisance, depending on the majority of the community manner in which it
occur
However, in Nigeria
context, environmental consequence of nuisance
can be viewed in the
following sectors - - Oil sector (water damage )
- - Quarry sector
- - Noise
- - Posting of bills
Definition of
nuisance
Nuisance as way stated
before has so many connotations both the
vient of a layman and under the law all are geared towards one meaning
except that under the law nuisance are restricted to not be all the or every
inconveniences
Under the legal sense, a nuisance is any unreasonable interference with another
person in the use and enjoyment of land or a right attached to it that was the definition given by the court in the case of Abiola V Ijoma (19700 ALL
NLR 569.
IN OUR SOCIETY TODAY, especially Nigeria to be
précised, the way we answer our phone calls, play our
individual music can be
tagged “God save your people”, too much
noise which is one of the
incidence of nuisance. Blocking a
public highway, a heap of refuse, or sand
on a public road, dust, or fumes
settling on and destroying crops or
other properties, all comprises examples of
nuisance in our society today
The purpose of
the law of nuisance
If there is no law prohibiting the recklessness conducts
of people n the society that is nuisance
law the spirit of live let live
would have been totally impossible in our society. Therefore, the law came into
prohibits a person from the disturbing, inconveniency, or injuring other
persons by his conduct, or use of his property.
The major purpose of the law of
nuisance is to maintain a balance between the right of a person to what he
likes on his property, and the right of his neighbor, or other person to be
free interference or incontinence. How to determine the balance of right may
not be certainly stated, but it may be broadly said that a useful test for
determining this balances, is what is reasonable according to the ordinary uses
of mankind in the given community. The statement was made by LORD WRIGHT in the
case of Sedleigh-Denfield V.O. Callaghan.
In the case of
Kennaivary V Thompson, ERLE CS clearly stated the attitude of court thus: “it
appears to me that the affairs of life in a dense neighborhood cannot be
carried on without mutual sacrifice------the law must regard the principle of
mutual adjustment ------there must be a measure of give and take, live let
live.
Nuisance can be
grouped into two: it is important to note that the reason why nuisance are
classified into public and private nuisance is because the two are not the same
while public nuisance cab be called a crime, private nuisance can be referred
as tort.
A public
nuisance is also a tort, especially where a particular damage is proved by a
private individual. Therefore, a public nuisance is a tort and a crime.
Generally, a private nuisance is a tort only.
It is important
to note that in public Nuisance, and above other members of the public over
order to succeed in a private suit, otherwise, he will fail. In private
nuisance a person only need to prove an interference with his right to the use
and enjoyment of land. Where nuisance consist of an encroachment on the land of
the plaintiff, the law will pressure damage.
PUBLIC NUISANCE
This has to do
with any conduct that interfered with the reasonable comfort and convenience of
the public, or obstructs the public in the exercise of a common right. A public
nuisance is a tort and a crime. Several persons must be affected for a conduct
to be a public nuisance, the form nuisance conveys a miscellany of conducts
which interfere with the rights of the public. It is design to protect the
entire public, while the tort of private nuisance is designed to protect each
person in his individual capacity.
Who can are in
public nuisance.
Generally,
public nuisance is a crime and usually only the attorney General may bring
action for it. However, some other persons that can bring action against public
nuisance are:
1.
The
public and
2.
A
private person, or person, having a right to go to Court by virtue of sections
6 (6) and 17 (e) of the 1999 constitution, and obtain relief if he can show
that he had suffered particular damage over and above the general public.
In the case of
A.G V PY A quarried (1957) 2 QB 169 CA. what happened in that case was that
defendants owned a quarry at which basifying of rocks took place. It was
evidently shows that some stones and splinters were hurled out of the quarry,
and dust and vibration from the quarry, caused discomfort to nearby dwellers.
The Attorney General brought information on behalf of the country councils
responsibly for the areas. The defendant augured
Environmental
consequence of nuisance in (NIG)
It is a trite
law that nuisance has done harm more than good in our country, Nigeria.
Bill posting
as a pervasive media culture in Nigeria- indiscriminate bill postings have become one of the
nuisances threatening the health and
aesthetics credibility of the physical
environment in Nigeria society. Although, the problem is a serious one it is
yet to receive attention from the
academic and other concerned
authorities in nigiera. It is within
this context that this study examines bill-posting as pervasive media culture, for instance,
using EDO Central District (ECD) of Edo State, Nigeria as a case study in
dong this, it adopts an evaluative methodology
This is
complemented by interviews and random photographic sapshots of posted bill
across the district under examination
Indiscriminate
posting of bill is eyesores, nuisance to
be précised . apart from not being aesthetically pleasing, exacerbate the
environmental management
challenge in Nigeria.
As the
consequence o nuisance in nigiera, research has shown that te effect of the refineries and petrochemical
effluent flooding to our water ways
contributed a lot in killing the
acquatic animals in nigieran
Environmental
consequence of nuisance in (NIG)
It is a trite
law that nuisance has done harm more than good in our country, Nigeria.