According to Black’s Law Dictionary, “LITIGATION” means a contest in a court of justice for the purpose of enforcing a right.
Litigation as a tool for animal welfare advocacy is a new and developing space in Nigeria’s legal sphere. Currently, there are enough animal welfare issues in Nigeria to ground such litigation in courts, e.g., the death of aquatic life as a result of oil spills, animal cruelty, economic exploitation, and inhumane slaughter of animals for their products, etc. Several international and local organizations have rated Nigeria high in factory farming, animal cruelty, etc.
Most animal laws in Nigeria are obsolete and support enforcement actions by government agencies but fail to provide for situations where government agencies fail to act. There seems to be a reprieve and leeway in the Supreme Court of Nigeria’s decision in COPW v. NNPC (2019) 5 NWLR (PT. 1666) 518, which has liberalized the threshold for locus standi where government agencies fail to discharge their duties under a law.
The challenges to litigating for animal welfare in Nigeria are:
- Technicalities
- Outdated legislations
- Low judicial and public education
- Low funding
Regardless of the challenges, latent yet slow developments in Nigerian law may open the door to the use of litigation as a tool for animal welfare in Nigeria. The Federal Legislature comprising of the House of Representatives and Senate have passed some new laws on subject matters with implications on animal welfare.
To increase the use of litigation in addressing animal welfare issues in Nigeria, the following must be done:
- Repeal of obsolete animal laws and enactment of new laws that meet the requirements of modern times.
- Steady engagement with stakeholders in government to ensure enforcement of the provisions of animal laws.
- Investment in judicial and public education on animal laws.
- Provision for public interest litigation in new laws to grant proper standing to animal advocates/organizations and interested persons to institute actions in court where government agencies fail to act in the interest of animals.
- Funding
This is a cool post!
That is exciting re: COPW v. NNPC (2019) 5 NWLR (PT. 1666) 518.
And I LOVE this: "Provision for public interest litigation in new laws to grant proper standing to animal advocates/organizations and interested persons to institute actions in court where government agencies fail to act in the interest of animals."
Thanks, Alene.
The work you do at Legal Impact for Chickens is a resounding success story.
Interesting to see that there is room for animal welfare litigation in Nigeria. I notice that the case you mention was by an environmental NGO. Are there also NGOs focusing on animal welfare litigation (and more cases like this)? Please continue to share legal updates (either here or on Hive, they have a legal section). I am very intersted to learn more!
Thanks for your interest!
Yes
Of course, the appeal was filed by an environmental NGO, but it deals with the threshold issue of locus standi, which is critical in every court action. The decision seems to support the position that an NGO can bring an action against a government agency for failing in its statutory duty. It can be imported and used in any animal welfare litigation when a defendant brings an application for dismissal or striking out on the grounds of locus standi.
There are serious plans to kickstart litigation for animal welfare in Nigeria, pending the repeal (preferred) or amendment of obsolete and outdated legislation affecting animals. I am already canvassing for that with some legislators.
Any new legislation should contain express provisions for the jurisdiction of courts and the right to sue when government agencies fail to protect animals. This will ensure that threshold issues are expressly addressed in statutes and do not constitute a delay in court actions.