CONCLUSION AND RECOMMENDATION OF NUISANCE

In this work, an attempt has been made to trace the meaning of nuisance, as a tortuous liability, the acts that constitute it, and its environmental implication or consequence in xcogenia.

Nuisance, especially in the farm of oil pollution has caused several hazards to Nigerian environment, especially in the Niger Delta pants of this country.

Nuisance, as was discussed in the work can either be private or public depending on the circumstances of the case, and who has the locus stand to bring an action. Thus, a clear review of the situation in the Niger Delta region, the case is always that when there is a nuisance in form of an oil spill, it does not affect only an individual. It affects the entire community and sometimes, several community, the issue being a public nuisance which are enforceable only by the Attorney –General, and many a time, it is seen that the state are always relevant to sue, owing to the fact that oil company is back borne of revenue of this country. 

And before, a single individual will found an action, he/she must prove that he has suffered harm far beyond and above others for him to have the locus stand to bring the matter to court.

Also the  Nigerian courts because of economic reasons has refused in some  cases to grant injunction against the  oil company. These  inadequacies are some of the bane in curbing the effect  of nuisance in the Nigerian environment .

However, it is my expectations that  in  future time, the relevant authorities  will braced up to the challenge of effectively enforcing the l“1aw of nuisance .     

 

REFERENCES

 Law of  Environmental Liability  by Theordore Okonkwo  

Nigieran Law of Tort  torts  by Kodilinye and Aluko 

1999  constitution as amended

Law of Tort by John Cooke

 law of  Tort by B.A  SUSU