Burden of Proof: Real Burden in Environmental Litigation for the Niger-Delta of Nigeria
Loading...
Date
2020-07-01
Authors
Odong, Nsikan-Abasi
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The Niger-Delta is the oil- and gas-rich region of Nigeria, which has been described as an epitome of the resource curse—poverty, squalor, illiteracy, and environmental degradation exist adjacent to the unspeakable wealth taken from the region. However, a judicial approach to addressing the environmental degradation in the region has not yielded the desired result because, among other reasons, Nigerian law places the burden of proof in environmental litigation on the plaintiff. The plaintiff has to show on a balance of probabilities that the defendant’s action or omission was the cause of the environmental harm that resulted in injury to either the plaintiff or the plaintiff’s interest. With pervasive poverty in the Niger-Delta, discharging the burden of proof becomes a herculean task.
Description
34 pages
Keywords
Africa, Environmental litigation, Burden of proof
Citation
35 J. Envtl. L. & Litig. 193