Re-Conceptualising the Law of Nuisance in Nigeria to Address Collective Environmental Harms

The law of private and public nuisance in Nigeria is theoretically anchored to an individual harm model premised on interference with the use and enjoyment of specific land, making it structurally inadequate for addressing collective environmental harms including air pollution, water contamination, and climate-related impacts that affect entire communities without clear individual title boundaries. This study re-conceptualises the law of nuisance in Nigeria to address collective environmental harms, advancing an original Collective Nuisance Framework (CNF) that extends nuisance doctrine to accommodate community-wide environmental harm claims grounded in both private law principles and constitutional environmental rights. Using a pluralist theoretical methodology integrating environmental law theory, tort theory, comparative analysis of nuisance reform in the United States, England, and South Africa, and empirical research in communities affected by industrial pollution across the Niger Delta, Middle Belt, and North West zones involving 100 research participants, the research maps the inadequacies of existing nuisance doctrine as applied in 40 Nigerian cases from 2012 to 2024. The CNF represents the study's original theoretical contribution, proposing a community standing doctrine, a collective harm assessment model, and an ecosystem services compensation approach for nuisance remedies. Findings reveal that the individual landowner standing requirement is the single most significant doctrinal barrier to effective nuisance relief for environmental communities in Nigeria. Recommendations include standing reform, ecosystem services valuation standards, mandatory restoration orders, and a National Environmental Litigation Fund for community nuisance actions. Keywords: nuisance law, collective environmental harm, community standing, environmental rights, Nigeria