Abstract
Water is considered polluted if some substances or condition is present to such a degree that the water cannot be used for a special purpose, that is, rendering water unfit for the ordinary usage. The contamination of a body of water by directly or indirectly discharging into it, substances that are inadequately filtered to remove harmful materials is water pollution. Human Rights are ‘… cherished entitlements endowed upon every person by virtue of being human being and which are not extinguishable by derogation as they carrying the status of innateness, being inherent, inalienable and therefore immutable. The scope of this work was the examination on water pollution and its effects on basic rights and fundamental freedoms in Nigeria. The preoccupation of the work was to examine the effects of pollution of water sources on human beings particularly those who live in the coastal areas of the Niger Delta Region, which have no other alternative sources of drinking water apart from rivers, lakes and sea waters. The doctrinal research methodology was adopted. The author argues that, implicit in the right to life, is the right to clean and portable drinking water, and that the right to life will be meaningless to those who live in areas where their surface and underground water sources are severely polluted. It was further discovered that polluted water has been the cause of severe illnesses such as cholera, diarrhea and dysentery and so on to those who helplessly continue to drink contaminated water. The author recommends that Nigerian courts expand the meaning of the right to life to include the right to unpolluted water and wholesome environment in line with Section 3(a) of the Fundamental Rights (Enforcement Procedure) Rules 2009. The author further recommends that if death occurs as a result of drinking contaminated water, the person who caused the pollution should be held liable for violating section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The author concludes that implicit in the right to life, are the rights to clean water and wholesome environment.