Constitutionalizing the Right to a Healthy Environment: A Pathway to Enforcing the SDGs in Nigeria

Abstract

This article explores the imperative of constitutionalizing the right to a healthy environment in Nigeria as a legal mechanism to enhance the enforceability of environmental dimensions of the Sustainable Development Goals (SDGs), particularly SDG 6 (Clean Water and Sanitation), SDG 13 (Climate Action), and SDG 15 (Life on Land). Grounded in legal theory and doctrinal analysis, it critiques Nigeria’s current constitutional framework, where environmental protection remains a non-justiciable directive under Section 20 of the 1999 Constitution. Drawing on leading Nigerian case law such as Gbemre v. Shell and Centre for Oil Pollution Watch v. NNPC, the article examines how Nigerian courts have attempted to infer environmental rights through existing fundamental rights. Comparative analysis from South Africa, Kenya, and Colombia illustrate how express constitutional recognition of environmental rights has enabled robust judicial enforcement of environmental standards and advanced sustainable development. The article argues that enshrining the right to a healthy environment in Nigeria’s Constitution would provide a clearer legal foundation for environmental litigation, enhance regulatory accountability, and align domestic law with global sustainability commitments. It concludes that constitutional reform is not only timely but essential to achieving environmental justice and fulfilling Nigeria’s SDG obligations.