Analytical Study of Environmental Constitutionalism in Nigeria: Comparing the Legal Framework with South Africa and Kenya

Environmental constitutionalism, defined as the constitutional entrenchment of environmental rights and state obligations toward environmental protection, has emerged as an important dimension of comparative constitutional law in Africa. South Africa's Section 24 and Kenya's Article 42 provide constitutional environmental rights enforceable directly before courts, while Nigeria's analogous environmental provisions in Chapter II remain non-justiciable. This study analytically examines the state of environmental constitutionalism in Nigeria by comparing its constitutional environmental framework with South Africa and Kenya, identifying structural gaps and deriving reform recommendations. A comparative doctrinal methodology is applied, reviewing Chapter II of the 1999 Constitution on environmental policy objectives, the African Charter's environmental rights provisions as domesticated in Nigeria, South Africa's Section 24 and its Constitutional Court jurisprudence, and Kenya's Constitution 2010 environmental rights framework. The study analyses the doctrinal jurisprudence of each jurisdiction's apex courts on environmental rights claims. Available comparative constitutional law literature identifies Nigeria's non-justiciability gap as the most analytically significant barrier to constitutional environmental rights enforcement compared to South Africa and Kenya. The Environmental Constitutionalism Theory and the Right to a Healthy Environment as a Fundamental Right Framework of the UN Special Rapporteur on Human Rights and the Environment provide the normative reference. Findings support a constitutional amendment proposal and an Environmental Rights Enforcement Procedure Rules instrument. Keywords: environmental constitutionalism, constitutional law, South Africa, Kenya, Nigeria.