Environmental Private Law and Remedies for Pollution Victims in Plateau State’s Mining Communities

Artisanal and small-scale mining activities in Plateau State have caused severe environmental pollution, soil contamination, and water toxicity in affected communities, prompting significant private law questions about available remedies for pollution victims. This study examines private law remedies for environmental pollution in Plateau State's mining communities, focusing on the Jos North and Barkin Ladi local government areas, which have experienced high lead contamination levels. Using a practitioner-focused research design, the study analyses 15 environmental compensation claims filed between 2019 and 2024, supplemented by interviews with 20 environmental lawyers, 30 community representatives, and 10 public health officials. The research evaluates the effectiveness of nuisance, negligence, and Rylands v Fletcher claims alongside statutory remedies under the Minerals and Mining Act and the National Environmental Standards and Regulations Enforcement Agency Act. Findings reveal that the absence of clear strict liability for mining pollution, evidential challenges in establishing causation between mining activities and health harm, and the financial cost of litigation prevent most pollution victims from obtaining adequate compensation. The study further examines how legal aid provision in Plateau State affects access to environmental remedies. Recommendations include strict liability provisions for hazardous mining activities, community litigation funding mechanisms, mandatory mining pollution insurance, and strengthened enforcement by the Plateau State Environmental Protection Agency. Keywords: environmental law, mining pollution, Plateau State, strict liability, pollution remedies