THE CLIMATE CHANGE ACT 2021 AND THE FUTURE OF CLIMATE LITIGATION IN NIGERIA

Abstract
The Climate Change Act 2021 created the National Council of Climate Change to combat climate change in Nigeria and this will
help the Nigerian government at the domestic level in the climate change regime. The Act also recognises key principles such as Public
Participation and Sustainable Development. The inclusion of the key principle of public participation will greatly enhance successful
climate change litigation in Nigeria. Indeed, successful climate change litigation –in the US, Australia, and several countries across
Europe and Africa, among others have forced the executive and legislative arms of several governments, as well as major private GHG
emitters, to actor refrain in favour of addressing climate change. Even where the cases were not successful, they have nevertheless raised awareness about are as in need of reform, or provided an avenue for beneficial public participation in the climate change regulatory and governance process. This paper will appraise the Climate Change Act 2021 and, more importantly, the future of climate change litigation with respect to the Act given the
recent Supreme Court’s decision in the case of Centre for Oil Pollution Watch (COPW) v Nigerian National Petroleum Corporation
(NNPC).

Keywords: Climate, Climate Change, Climate Litigation, Climate Change Liability.

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