The Role of Nigerian Judiciary in Mitigating Climate Change and Post-2015 Lessons for Other Developing Countries.

April 28, 2014

The Role of Nigerian Judiciary in Mitigating Climate Change and

Post-2015 Lessons for Other Developing Countries.

Hyginus Uchenna Okoronkwo*[1]

Law and its enforcement remains the most prevalent and enduring foundation for orderly responses to global, regional and national environmental issues such as climate change mitigation. Nigeria is among the nations that embraced all of the UN MDGs especially one that seeks to ensure environmental sustainability between the target period of 2000 and 2015. Several factors have been identified as responsible for the rapid climatic change and atmospheric warming. Gas flaring is the major source of climate changes in Nigeria and Nigeria is reportedly second world’s biggest gas flarer. This paper identifies that gas flaring in Nigeria has contributed more greenhouse gases than all other sources in sub-Saharan Africa combined. Since environmental disaster respects no territorial boundaries, the paper critically discusses gas flaring as a human cause of climate change generated in Nigeria, the role of Nigerian judiciary in mitigating it and lessons other developing nations can derive from that. Like the proverbial watchdog that didn’t bark, it further observes that all that the Nigerian judiciary has succeeded in doing has been to either strike out suits seeking to stop global warming related undertakings for lack of locus standi or simply remind the government of the illegality in so doing and stop at that. It objectively acknowledges that, although some progress have been made, the Nigerian judiciary’s performance so far pushes one to conclude that it is either it lacks the necessary teeth to bite or is deprived of the courage to bite in that regard. This paper also pointedly decries that, despite legislative efforts to combat climate change in Nigeria, such as the ones seeking to reduce gas flaring during oil production, the anti-environmental and pro-climate change process has continued unabated. This paper notes with regret that while Nigerian oil host-communities daily suffer from the hazards of gas flaring such as risk of premature death, respiratory illnesses, asthma and cancer, the federal government profits from it by collecting punitive monetary fines from foreign multi-national companies operating in the country. It is argued that, although executive lawlessness is apparent, it is not justifiable ground for Nigerian judiciary to give up its cardinal role in mitigating climate change in Nigeria. The paper makes reference to other jurisdictions such as India and suggests that if significant progress will be recorded soon, then Nigerian judiciary has to be more proactive and assertive in the post-2015 global efforts to reduce climate change and calls on developing countries to take lessons from that.

[1] *LL.B (Ebonyi State University, Nigeria); BL (Nigerian Law School, Enugu Campus); Diploma- United Nations & International Understanding, (Dept. of Indian Federation of United Nations Association, New Delhi); MCL/LL.M (Faculty of Law, University of Delhi, India) (In view, Final Year). Email: uchenna.okoronkwo@gmail.com. Paper delivered at International Conference on Mitigation of Climate Change: Law, Policy and Governance, April 25-27, 2014 at Campus Law Centre, Faculty of Law, University of Delhi-India.