In this case, the Plaintiff alleged violation by the Defendants (the Federal Republic of Nigeria) of the rights to health, adequate standard of living and rights to economic and social development of the people of Niger Delta and the failure of the Defendants to enforce laws and regulations to protect the environment and prevent pollution due to oil prospecting and oil spills.
The Court concludes that the Federal Republic of Nigeria has defaulted in its duties in terms of vigilance and diligence as party to the African Charter on Human and Peoples’ Rights and adjudges that the omission to act and to prevent damage to the environment characterises the violation of its international obligations under Articles 1 and 24 of the African Charter on Human and Peoples’Rights.
Consequently, the Court orders the Federal Republic of Nigeria to:
i. Take all effective measures, within the shortest possible time, to ensure restoration of the environment of the Niger Delta;
ii. Take all measures that are necessary to prevent the occurrence of damage to the environment;
iii. Take all measures to hold the perpetrators of the environmental damage accountable.