CHAPTER ONE GENERAL INTRODUCTION
Historical Background
Before the advent of British rule, communities in present day Nigeria utilized customary methods in the settlement of environmental disputes. Thus, the management of the environment in most Nigerian communities is based on customary law concept where this has been modified or repealed by statute. The number of customary laws may be as many as the number of ethnic-groups. There are about 300 ethnic groups in Nigeria.1 Thus in the same state or among the same tribe there exist numerous customary laws.2 The various customs of different ethnic groups and communities in Nigeria contain remedies for environmental pollution. For example, in the Iroko community bush burning under customary law is prohibited. A violation of this law will lead to the arrest of the offender who is taken before the village head who imposes fine on the offender.3 Bush burning has a negative effect on the environment as it pollutes the air, and the fire spreads uncontrollable and on several instances destroyed large areas of land and also causes serious damage to other valuables. For example, in the case of Busari Adediga V. Abati.4 The plaintiff wrote the defendant requesting that he be informed when the defendant would set fire to his farm to enable the plaintiff protect his property. The defendant claimed to have informed the plaintiff although the plaintiff denied.