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 of this work, statutes, case laws, journals, internet sources and a host of other sources form the embellishment of this work.
TABLE OF CONTENTS
Tittle i
Approval ii
Certification iii
Dedication iv
Acknowledgements v
Abstract vi
Table of Contents vii
Table of Cases ix
Table of Statutes x
List of Abbreviations xi
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the Study 1
1.2 Statement of Problem 2
1.3 Purpose of Study 2
1.4 Scope of Study 3
1.5 Significance of Study 3
1.6 Methodology 4
1.7 Definition of Terms 4
CHAPTER TWO: TORT VIS-À-VIS THE CONTROL OF THE ENVIRONMENTAL POLLUTION.
2.1 Tort of Nuisance: 7
- Tort of Negligence 12
- Comparison of Nuisance and Negligence with Strict Liability with Respect to Control of Environmental Pollution 16
CHAPTER THREE: THE RULE IN RYLAND’S V FLETCHER
3.1 Decision of the Court 20
3.2 Application of the Rule in Ryland’s v Fletcher 22
3.3 Bringing Things on Land 23
3.4 Escape 29
CHAPTER FOUR: APPLICATION OF THE RULE IN NIGERIA AND SOME SELECTED JURISDICTIONS
4.1 The Rule as Applicable in England 32
4.2 Application of the Rule in Canada 34
4.3 Application of the Rule in India 36
4.4 Application of the Rule in Nigeria 38
4.5 Factors Militating against the Application of the Rule in Environmental Litigation in Nigeria 40
CHAPTER FIVE: CONCLUSION, SUGGESTION AND RECOMMENDATIONS
5.1 Conclusion 44
5.2 Suggestion and Recommendations
TABLE OF CASES
Abelson v Brickman (1890) 54 J. p. 119 20
A.G. Federation v A.G. Abia State [2001] II NWLR Pt. 159 32
Attorney General v Cory Bros. (1921] A.C. 521, 539 at 544 19
Balfour v Barty-King [1957] I Q.B. 496 24
Bartlett v Tottenham (1932) 1 Ch. 114 at p. 131 13
Batcheller v Turnbridge Wells Gas Co. (1910) 84 L.T. 765 13
Box v Jubb (1879) 4 Ex. D. 76 23
British Celanese Ltd. v Hunt [1969] I W.L.R. 959 at p. 963 15
Burnic Port Authority v General Jones Pty Ltd (1994) 120 A.L.R. 42 19
Cambridge Water Co. Ltd. v Eastern Countries Leather Plc. [1994] 2 A.C. 264 17
Carstairs v Taylor (1871) L.P. 6 Ex. 219 20
Collingwood v Home and Colonial stores Ltd (1956) 3 All E.R. 200 15
Crowhurst v Amershan Burial Board (1878)4 Ex. D. 5 14
Crowhurst v Amershan Burial Board (1878)4 Ex. D. 5 14
Domain Gas Co. v Collins [1909]A.C. 640 23
Dunn v Birmingham Canal Co. (1872) L.R. 7 Q.B. 244 at p. 260 21
Dunn v North Western Gas Board [1964] 2 Q.B. 806 22
Eastern and Southern African Telegraph Co. v Cape Town Tramways Co. Ltd.
[1902] A.C. 381 21
Giles v Walker (1890) 62 L. T. 933 14
Green v Chelsea Waterworks(1891)All E.R. 543 25
Greenock Corp. v Caledonian Ry. [1917] A.C. 556 23
Hale v Jennings Bros. [1988] I All E.R. 579 15,16,24,25
Ige v Taylor – Woodrow (Nig.) Ltd. [1963] L.L.R. 140 21
Indian Council for Enviro Legal Action v Union of India Air (1996) S.C. 1446 45
Jones v Festiniogs Ry. (1868) L.R. 3 Q.B. 733 25
Madras Railway Co. v Zamindar (1974) I A. 364 44
Marldraj v Texaco Trinidad Inc. (1969) 15 W.I.R. 251 23
Matheson vNorthcote College (1975) 2 N.Z.L.R. 106 15
M.C. Mehta v Union of India Air (1987) S.C.R. (I) 819 45
Midwood v Manchester corp. [1905] 2 K.B. 577 16
Mihalchuk v Ratke (1966) 57 D.L.R. (2d) 269 15
Morebishe v Lagos State House of Assembly [2000] 3 W.R.N. 134 38
MTN Nigeria Communications Ltd. v GaniyuSadiku (2013) L.P.E.L.R. 21105 (CA) 41
Musgrove v Pandelis (1919) 2. K.B. 43 13,15,44
National oil and Chemical Marketing Plc. v KamardeenLeyeAdewusi and ors
(2007) LPELR – 8866 (CA) 41
National Telephone Co. v Baker (1895) 2 Ch. 186 24
NEPA v Akpata (1919)2 NWLR pt. 175 p. 536 C.A 40
NEPA v Alli (1992) 8 NWLR pt. 259 p. 279 S.C. 41
Nichols v Marshland (1876) 2 Ex. D.I. 22
Noble v Harrison [1928] 2 K.B. 332 15
North Western Utilities Ltd. v London Guarantee and Accident Co Ltd.
[1936] A.C. 108 15
Oladehin v Continental Textile Mills Ltd. (1975) CCHCJ 1269 13
Omotayov Arbuckle Smith and Co. (1954) in W.A.C.A 515 at p. 518 22
Perry v Kendricks Transport [1956] I W.L.R. 85 19, 42
Pontadawe R .D. C v Moore-Gwynne [1929] I Ch. 656 14
Ponting v Noakes [1894] 2 Q.B. 281 16
Rainham Chemical Works Ltd. v Belvedere Fish Guana Co. (1921) A.C. 465 13,42
Read v Lyons [1947] A.C. 156 at P. 176 14, 15, 18
Rickards v Lothian (1915) A.C. 263 at p. 229 14, 15
Ross v Dow Chemicals 33
Rouse v Gravelworks Ltd. [1940] I K.B. 489 15
Ruddinnan v Smith (1889) 60 L.T. 708 20
Ryland v Fletcher (1868) L.R. 3 H.L. 330 5, 7,
Scythes and Co. Ltd. v Gibsons Ltd [1927] S.C.R. 352 31
SedleighDenfield v O’ Callaghan [1940] A.C. 880 H.L. 19
Shell Petroleum Dev. CO (Nig.) Ltd. v Abel Isaiah (2001) 5 S.C. 93 at 97 36
Shell Petroleum Dev. CO (Nig.) Ltd. v Amaro (2000) 10 NWLR pt. 675, 248 41
Shell Petroleum Dev. Co. (Nig.) Ltd v Chief Otoko and ors (1990)
6 NWLR pt. 159 at 693 40
Smeatonv Ilford Corp (1954) 1 Ch. 450 25
Smith v Kenrick (1849) 7 C.B. 515 12
St. Anne’s Well Brewery Co. v Roberts (1928) 140 L.T.I. 6 11
Stannard v Gore (2012) JEWCA Civ. 128 (Judgments 4.10.12) 13, 43
Texaco Panama Inc. v Shell Petroleum Development Co. Ltd.
[2002] F.W.L.R. pt. 96 at 579 30
The Mostyn [1928] A.C. 57 t p. 39 23
Transco Plc. V Stockpot Metropolitan Borough Council (2003) UKHL 61 43, 44
Umudje v Shell B.P. (Nig.) Ltd. (1975) II S.C 158 at p. 160 13, 16,32
Vaughan v Mealove (1837) 132 E.R. 490 42
Willson v Waddell (1876) 2 A.C. 95 14
Wise Brothers v Commissioner for Railways (1974) 75 C.L.R. 59 15
TABLE OF STATUTES
Associated Gas Re-injection Act 1992 Cap A 25 LFN, 2004
Anambra State Tort Law
Federal Environment Protection Agency Act Cap 131 LFN, 1990
Harmful West (Special Criminal Provision) Decree No. 58 of 1989.
National Environmental Standards and Regulations Enforcements Agency (Establishment) Act, NESREA 2007
Oil in Navigable Waters Act Cap 337 LFN 1990
Oil Terminal Dues Act, 1990 Cap 339 LFN 1990
The Constitution of the Federal Republic of Nigeria 1999 (as amended) 2010
The Criminal Code Act Cap C38 LFN 2004
LIST OF ABBREVIATION
A.C – Appeal Cases
A.L.R. – Appeal Law Report
All ER – All England Reports
CA – Court of Appeal Cases
CCHCJ – Cyclosized Copies of the High Court Judgments
CFC – Chloro-fluoro Carbons
CFRN – Constitution of the Federal Republic of Nigeria
Ch. – Chancery Law Reports
E.R – English Reports
ENGO – Environmental Non-governmental Organization
EWCACiv – Court of Appeal of England and Wales, Civil Division
Ex.D – Exchequer Division
FEPA – Federal Environmental Protection Agency
FWLR – Federal Weekly Law Reports
J.P – Justice of the Peace
K.B – King’s Bench Law Reports
L.L.R – Lagos Law Reports
L.P.E.L.R – Law Pavilion Electronic Law Reports
L.R – Law Reports
L.R. Ex. – Law Reports of Exchequer
L.T – Law Times Reports
LFN – Laws of the Federation
N.Z.L.R – New Zealand Law Reports
NESREA – National Environmental Standards and Regulations Enforcements Agency
NGO – Non-governmental Organization
NWLR – Nigeria Weekly Law Reports
PIB – Petroleum Industrial Bill
Q.B – Queen’s Bench Law Reports
S.C. – Supreme Court
S.C.R – Supreme Court Reports
UKHL – House of Lords United Kingdom
W.A.C.A – West African Court of Appeal
W.I.R – West Indian Reports
W.L.R – Weekly Law Report
W.R.N – Weekly Reports of Nigeria
CHAPTER ONE
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:
- To have an indept study of what environmental pollution constitutes and the types of the environmental pollution.
- 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.
- To find out how this rule can be duly applied to the Nigerian legal system in a bid to tackle environmental pollution.
- 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 6th 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.
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