Author(s): DR. RICHARD GERSHON CHINDA & INNOCENT JUSTICE ODUM | Vol. 22 (1) April, 2025
Abstract
The landmark English tort law case Rylands v. Fletcher established the doctrine of strict liability for inherently dangerous activities. The case arose when Fletcher’s coal mine was flooded due to Rylands building a reservoir on his land, which burst and caused damage. The court ruled that a person who, for their own purposes, brings and collects something likely to do mischief if it escapes, must keep it at their peril. If they fail, they are strictly liable for any resulting damage. This doctrine laid the foundation for modern environmental and nuisance law, emphasizing the responsibility of individuals to contain potential hazards they introduce. Situations like this has plagued Nigeria for long and indeed the entire world, as it has nocuous and deleterious effects to human life, fauna, flora, land, the ecosystem and the economy on the long run. Apparently, The Rule in Ryland v Fletcher as a Panacea for the Control of Environmental Pollution” the Niger Delta Region for more than four decades of exploration and production operations, has experienced severe environmental degradation and pollution and Oil spill and Gas flaring has been identified as the major sources of environmental pollution in the region. For many years, the Nigerian Government has laid emphasis on the need for exploitation of oil and other natural resources for developmental purposes without making adequate provisions for the negative impact of this exploration activities on the environment. The Rule in Ryland v Fletcher is one of the principles of common law, which is to the effect that, a person who for his own purpose brings on his land, collects and keeps there anything likely to do mischief, keeps it at his own peril if it escapes and causes harm to another person, is prima facie answerable to all the likely damages which is the natural consequences of its escape. The devastating effects of environmental pollution on the environment which include water, land and air in Nigeria is not novel, the pollution posed, ranges from biological damage, physiological (pathological) effect on the biota (plant and animals) to abroad range of ecological changes, hence the need for the control of environmental pollution arises. The application of the rule has proved very effective in the fight and control of environmental pollution in Nigeria. The study adopted a doctrinal approach is reviewing extant regulations, cases, previous studies and other relevant literature. The researcher found out that application of the rule in Nigeria is strictly construed. It also found out that in some other jurisdiction like India and Canada the rule is applied beyond environmental pollution, and that it was also applied in cases of road accident. The researcher also found out that, there is need for further study on the expanse of the scope of the application of the rule in Nigeria. Conclusively, the researcher recommended that in other to control environmental pollution in Nigeria, Nigerian government must demonstrate sincerity of purpose and a clear political will towards strengthening and implementing the environmental regulatory framework in the industries. The judicial arm of the government should be strengthened the more in order to prevent interference from external sources to pervert justice or giving decision that will not affect those persons involved in environmental pollution.
Keywords: Pollution, Environment, Panacea , Control.