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THE RULE IN RYLANDS V FLETCHER AS A PANACEA FOR THE CONTROL OF ENVIRONMENTAL POLLUTION

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Abstract

Environmental pollution has been a bane to societal development, and its fast rising downwards effect can be felt on a global scale. The case of Ryland’s v fletcher is one that should be applauded for the decision of the court which vehemently criticized environmental pollution. This is a step in the right direction, from a vast research, it was gathered that our environment need a high level of protection because the environment is a foundation for every societal growth and development. Take for example crop yields. The methodology adopted in this work is an analytic enquiry into the multi famous environmental laws we have in the country and how best they have remedied the situation. Also a board insight was made into the case of Ryland’s v Fletcher and how the decision in that case can be brought to bear in addressing what we have before us. It was discovered that the laws are there, but a sticker mode of implementation should be adopted for co-operation. To a successful completion

 INTRODUCTION

1.1       Background of Study

Nigeria as a nation has been identified as the biggest black nation in the world with an official population of proximally 140 million by the official report from National Population Commission of Nigeria in 2006. In 2015 there has been an increase in human population in Nigeria. Nigeria has an approximated human population of 180 million. Nigeria from staid data is expected to be among the world’s fastest growing economy 2012.

Nigeria through signatory of some multilateral treaties like the United Nations conference on the human environment and was attendant to some united nation organized conference like the 1948 united nation declaration of human right, did not come up with a viable environmental policy or strong legal framework for the protection of her environment until the infortune incidence of dumping of toxic waste from Italy at koko port in the then Bendel state : 1988 it is  the light of this reality that very interesting strides were taken by the Nigeria government in the late 1980’s to propel Nigeria in the enviable direction of posture environmental protection management and regulation towards suitable development.

In Nigeria the activities of oil multinationals especially in the one rich Niger-delta region and also the activities of mining companies in the solid minerals rich in the solid northern region has been sweating affecting the economics base of the people and their source of livelihood. This has engendered poverty and rescue situation in the region. For instance the issues of oil spillage has been a reoccurring one affecting advancement in Niger-delta environment between 1976 and 2009, an estimated 9,1911,426 barrel of crude oil were spilled into the environment in Niger-delta with at least 55% into rivers, 45% into farm lands, residential villages, communal access roads and sources of drinking water. Most of the oil spillage is caused by rupturing of very old pipeline some of which have not been replaced more than 40 years.

However, the major environmental problem in Nigeria which include oil spillage, deforestation and associated soil erosion, ozone layer depletion, desertification, acid deposition, global warming, oil pollution amongst other crisis as a result of the  ineffective enforcement of the environmental law. This ineffectiveness is ascribed to some challenges of enforcement which rains from road conflict, environment management, corruption and bad governance prevalent in the country to the degree of inadequate enforcement facilities. This project focused on strategies that will increases the efficiency of environmental regulation and ensure the increase.

1.2       Statement of the Problem

The issue that present itself for discussion here is in relation to environmental pollution, which is an epidemic menace to the society. And to a large extent it is a cause for global concern. Properties, investments, crop yield suffer from this environmental pollution, hence the essence of a research on the subject matter at the floor of examination.

1.3       Purpose of Study

The study has both general and specific purposes. The general purpose of this study is to examine how tortious liabilities can be used to control environmental pollution in Nigeria. The specific purposes of this work are as follows:

1. To have an indept study of what environmental pollution constitutes and the types of the environmental pollution.
2. To examine the rule in the famous case of Ryland’s v Fletcher which bothers on strict liability in relation to the control of environmental pollution.
3. To find out how this rule can be duly applied to the Nigerian legal system in a bid to tackle environmental pollution.
4. To find out the impact of environmental pollution on the survival of the affected masses and why it should be checked.

1.4       Significance of Study

This study has both theoretical and practical significance. Theoretically, the significance of this study is that it will add to the already existing literature on the issue of environmental pollution, its impacts and control. This development may contribute to addressing the problem hoped to be tackled by this research work.

Practically, this study may assist the National Assembly and State Houses of Assembly to enact more laws bothering on the issue of environmental pollution and prescribing strict liability for its perpetrators. Furthermore, it will provide an awareness on the problem of environmental pollution and also protect a means of tackling it.

1.5       Scope of Study

The study is limited in scope to examining how the rule in Ryland’s v Fletcher will be a remedy for the control of environmental pollution in Nigeria. However, torts like nuisance, negligence, and strict liability will be discussed in the work with a view to tackling the problem of environmental pollution.

 

1.6       Methodology 

The research methodology used in this work is doctrinal. It involves the analysis of case laws, arrangement and systematizing of legal propositions through legal reasoning or rational deduction. The relation and authorities relied upon for the work have primary and secondary sources. In this light, the provisions of the Anambra State Torts law alongside other laws or Acts and decided cases do from the primary sources of the work. The sources of this work include materials on the internet, law journals and articles amongst others.

Primary Sources: The Federal Environmental Protection Agency Act cap. Fio, LFN, 2004, the petroleum Act (Drilling and Production Regulations) cap. P10, LFN, 2004. The Associated Gas Re-injection act, cap. A25, LFN, 2004.

1.7       Definition of Terms

1.7.1    Environment

According to Black’s Law Dictionary 6

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 Edition, environment is the totality of physical, economic, cultural, aesthetic and social circumstance and factors which surround and affect the desirability and value of property and which also affect the quality of people’s lives.

The Cambridge Encyclopedia, 1992 defines environment as the condition and influences of the place in which an organism lives.

The Federal Environmental Protection Agency (FEPA)Actdefines environment as including water, air, land and all plants and human beings or animals living there in and the inter­relationship which exists among these or any of them.

According to the National Environmental Standard Regulation Enforcement (Establishment) Agency Act (NESREA)Environment includes water, air, land and all plants and human beings or animals living therein and the inter-relationships which exist among these or any of them.

From these definitions, it can be deduced that everything in our surrounding which directly or indirectly affect and determine our lives constitute our environment. It is the basic necessity for human, plant and animal existence.

1.7.2    Pollution

Pollution means man-made or man-aided alteration of chemical, physical or biological quality of the environment beyond acceptable limits.[1]

Wikipediadefined pollution as the introduction of contaminants into the environment that causes adverse change. It means to corrupt or defile; especially to contaminate the soil, air or water with noxious substances.[2]

1.7.3    Harmful Waste

According to section 15 Harmful Wastes (Special Criminal Provision, etc.) Act Cap 49, 1988harmful waste means any injurious, poisonous, toxic or notorious substance and in particular, incudes nuclear waste emitting any radioactive substance if the waste is in such quantity, whether with any other consignment of the same or different substance, as to subject any person to the risk of death, fatal injury or incurable impairment of physical and mental health, and the fact that the harmful waste is place in a container shall not by itself be taken to exclude any risk which might be expected to arise from the harmful waste.

1.7.4    Hazardous Substance

According to section 37 NESREA Act, 2007, hazardous substance means any chemical, physical or biological and radioactive material that poses a threat to human health and the environment or any such substance regulated under international conventions to which Nigeria is a party or signatory e.g. Montreal Protocol Rotterdam Convention, Stockholm Convention etc. and includes any substance designated as such by the president of the Federal Republic of Nigeria by order published in the Federal Gazette.

 

[1] S. 37 NESREA Act, 2007

[2] Bryan A. Garner, Black’s Law Dictionary, 9

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 edition