•Demands constitutional backing for environmental rights
By Maduka Nweke
The Environmental Defenders Network (EDEN), a non-governmental organisation (NGO), has amplified calls for the repeal of Nigeria’s Land Use Act, advocating that environmental rights be given firm constitutional backing to secure the nation’s future and protect vulnerable communities.
EDEN executive director, Chima Williams, made the submission in a memorandum presented in Lagos on Saturday, July 19, 2025, to the Zonal Public Hearing on the Proposed Alteration to the Provisions of the Constitution of the Federal Republic of Nigeria 1999 as Amended. The forum was organised by the House of Representatives Committee on the Review of the 1999 Constitution.
According to him, “The environment is captured in Section 20 of the 1999 Constitution, which is under Chapter 2; directive principles of state policy, which is a mere statement of intent of the government. It is an unenforceable chapter of the Constitution, and we are saying that because of the pivotal place of the environment as life depends on the environment, that environment should be moved from Chapter 2 into Chapter 4, which is the fundamental rights provision of the Constitution so that environment should be protected and sections in that Chapter renumbered to capture environment as a fundamental right issue.”
EDEN therefore is demanding that the Chief Justice of the Federation should give directives to create environmental courts out of all existing Federal High Courts and State High Courts in the country. “From all existing courts, the Chief Justice should give directives for the creation of special courts that only have to do with the environment, because environment matters are life and death matters that should be handled with dispatch. But what we see today is that the time lag that takes place in litigation makes most citizens who are clamouring for the protection of their environment through litigation die before the court delivers its judgment,” he stated.
While saying that the greatest destroyers of the environment are the extractive sectors and that extractive issues are in the exclusive legislative list of the Constitution, EDEN wants petroleum-related issues moved from the exclusive list to the concurrent list “so that both states and the federal can legislate, and both federal and states high courts can have authority to litigate over environmental issues”
On the Land Use Act, Williams noted,“We are asking that the Land Use Act should be repealed and where it is not repealed that the section should be amended to expunge the section that grants autonomy and power to state governors to hold land in their state in trust for the citizens. So, state governors should be stripped of their powers over land in the state so that land should revert back to the communities and individuals that own them so that they can use it for economic development and empowerment.”
On elections-related issues, EDEN stated, “We are also asking that issues related to election and electoral timetable should be made in such a way that elections timetable starts from the lowest. State House of Assembly, National Assembly, Senate and House of Representatives elections conducted in one day, while Governorship and Presidency conducted the same day, but the time interval between the two elections should not be more than five working days, and that everybody that wants to contest election (no matter your position) should resign minimally 90 days before the election. And all election petitions and contestations should be concluded before inauguration or swearing in so that state resources will not be used by one individual against the others.”
According to Williams, the submission is already being made at the South East Zone in Enugu and is also being made at the South South Zone in Yenagoa, Bayelsa State. “By Monday, I would be in Abuja to make the same presentation at the National Public Hearing,” he said.
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