LEGAL APPRAISAL OF THE BREACH AND OBSERVANCE OF THE LAW OF NUISANCE IN NIGERIA

Abstract

This article examined the law of nuisance in Nigeria highlighting its inadequacies in protecting human rights to peace, comfort and property. Nuisance significantly impacts individuals and the public, disrupting their entitlement to a peaceful environment. However, weak legal and institutional measures hinder effective enforcement. The article employed a doctrinal research approach reviewing primary sources (statutes, case laws and treaties) and secondary sources (textbooks, journals and internet sources). Findings revealed challenges facing Nigeria’ nuisance law including: lack of specific laws and institutions, weak enforcement and implementation, environmental degradation and institutional barriers to justice. This article concluded that there is the need for robust legal reforms to combat nuisance in Nigeria advocating, for statutory regulations, institutional framework and effective enforcement mechanisms to protect human rights, promote peace and environmental sustainability. The research recommended that enacting legislation codifying private and public nuisance principles, establishing a dedicated institution for enforcing nuisance laws and reforming the law from case laws to statutory and institutional regulations. Effective reform will enhance the observance and enforcement of nuisance laws, protecting human rights and promoting a peaceful environment. The National Assembly should prioritize legislation to address these deficiencies and ensure a more robust framework for combating nuisance in Nigeria.

Keywords: Nuisance, private nuisance, public nuisance, environmental degradation, peaceful environment, environmental sustainability and human rights.

 

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