Challenges and Prospects of the Legal Frameworks for Combatting Climate Change in Nigeria

Vahyala A. Tari & Emmanuel C. Diah

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Abstract

This paper examined the phenomenon of climate change through a series of legal frameworks to mitigate the effects. Nigeria, being a party to many global conventions against climate change has many domestic policies towards reacting to the phenomenon of climate change. Some of these legal expositions include the Climate Change Act 2021, The National Environmental Standard and Relations Enforcement Agency Act,2007, the National Climate Change Policy, International Measures in Combatting Climate Change etc. However, the implementation of the aforementioned policies has been a great challenge to the Nigerian government and stakeholders amounting to the present devastating effect of the phenomenon in the lives and livelihoods of the people across the world especially the third world countries and Nigeria to be specific. Some of the climate change events manifest in the forms of drought, erosion, changeable rainfall, degradation of land, dirty air etc. giving rise to loss of biodiversity, and intense flooding among others. This study relied on secondary data from newspapers, published research papers, policy documents on climate change and other unpublished literature in reaction to the subject matter. Some of these challenges include ineffective enforcement and implementation of existing legislation, and non-domestication of international climate change treaties amongst others. In light of the existing challenges, the study hopes to motivate Nigerian lawmakers, policymakers and relevant stakeholders towards more proactive legislation in combating climate issues in Nigeria. The study recommended that to enhance access to justice, climate change legislation should adopt a liberal approach to locus standi requirements, and review and revise existing legislations and policies that are relevant to climate change regulation such as environmental laws, energy laws, taxation laws, etc.

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