Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. It is therefore important that States facilitate and encourage public awareness and participation in environmental matters by making information widely available. One essential means through which this can be achieved is Environmental Impact Assessment(EIA). An EIA is a national procedure for evaluating the likely impact of a proposed activity on the environment. In Nigeria, the EIA Act governs the EIA process and Section 7 of the Act recognizes the participation of concerned citizens in the EIA process. However, the Court of Appeal in Baytide (Nig.) Ltd. v. Aderinokun expounded on the circumstances when the provisions of Section 7 of the Act can be done away with. This article provides an in-depth examination of the decision of the Court in that case.