Abstract
The aim of this paper was to discuss climate change litigation as an emerging approach to environmental protection in Nigeria. It examined the provisions of the Climate Change Act 2021 and decisions of the court at both local, international and foreign levels supporting climate change litigation. It argued that the causes and effects of climate change have triggered the fight against climate change beyond mere regulation. Although there are numerous laws on climate change, their regulation and implementation have become weak. With the available provisions of the law, victims may approach the court through an action in negligence or nuisance against emitters of greenhouse gases or entities saddled with climate change duties. The paper however found that there are limitations to climate change litigation in Nigeria given the complex nature of climate change actions and the general problems facing litigation in Nigeria. It concluded that addressing these limitations requires a strong,transparent and independent judiciary as well as collaboration among key stakeholders. It recommended the amendment of the CCA to expand the rights of victims to seek redress on climate change matters.
Billion Promise Agunia, Pam-ellah Iwori, Caroline Oluchi Egbufo
pp. 255 – 263