Should Utilitarianism Universalize Environmental Rights, Right to Good Governance and Peace over Fundamental Human Rights? Analyzing the Nigerian Conundrum

Abstract

The paper x-rays the role of the natural law school of thought in the emergence of the utilitarian school of thought and how it has led to the decline of the natural law school. Key to this is the goal of the utilitarian school proponents arguing for the rights of citizens of a state to a healthy environment. While this right have captured by majority of nations, Nigerian Constitution has continued to shy away from giving effect it. This paper seeks amongst others to examine whether the tenets of utilitarianism which guarantees environmental rights, good governance and peace over fundamental rights. In achieving the aim of this paper, the doctrinal research method is adopted. It contextualizes relevant source materials and scholarly literature to reveal that the right to healthy environment, a key tenet of utilitarianism is nonexistent under Nigerian Law. In addition, the provisions of fundamental human rights under Nigerian law do not have any impact on the right to a healthy environment. The paper therefore recommend that Chapter II of the Nigerian Constitution be amended to make the items listed under it, such as the right to protect the environment and the right to a healthy environment be justiciable against the Nigerian Government with a view to bridging the gap between the rights to a healthy environment, good governance, peace and fundamental human rights.