RESOLUTION OF ENVIRONMENTAL DISPUTES IN NIGERIA: THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISM

ONYEABOR, U. Emmanuel and Nwafor, E. Ifeoma (2022) RESOLUTION OF ENVIRONMENTAL DISPUTES IN NIGERIA: THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISM. International Review of Law and Jurisprudence (IRLJ), 2 (4). pp. 50-61.

[img] Text
Resolution of Environmental Disputes in Nigeria- The Role of Alternative Dispute Resolution Mechanisms.pdf
Download (350kB)

Abstract

Environmental degradations are the aftermath of human intrusion into nature. Disputes arise due to the impact of degradations that affect the ecosystem’s continuous functioning. Research has shown that most environmental conflicts are resolved through litigation with attendant drawbacks in achieving a resolution. Some drawbacks include legal technicalities, the time taken in litigation, the victim’s inability to discharge the evidential burden revolving around the issue of expert witnesses and the bad blood between the host community and the industries, etcetera. Due to these factors, victims of environmental pollution at times go without remedy. This study aims to offer insights on the effectiveness of Alternative Disputes Resolution (ADR) mechanism in resolving environmental disputes. ADR mechanism is considered a more dynamic tool than traditional litigation. Thus, this paper argues that ADR mechanism, rather than litigation, is a more viable way for victims to obtain relief. This study found that the advantages of ADR outweighed traditional litigation, which is bedevilled with legal technicalities such as pre-action notice, locus standi, and limitation action, among others. The authors are of the view that environmental disputes could be better resolved amicably and faster using ADR mechanisms. They, therefore, canvass for the institutional framework and recognition of the Environmental ADR mechanism to resolve environmental disputes.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: mrs chioma hannah
Date Deposited: 22 Apr 2026 16:29
Last Modified: 22 Apr 2026 16:29
URI: http://eprints.gouni.edu.ng/id/eprint/5618

Actions (login required)

View Item View Item
GOUNI Repository is powered by EPrints 3 which is developed by the School of Electronics and Computer Science at the University of Southampton. More information and software credits.