Abstract

Climate change litigation does not seem to be growing in Africa. Only thirteen climate change-related cases have been instituted in Africa, out of more than 2000 globally. With climate change litigation taking different forms, why has this flexibility not made it an attractive option for dealing with climate change in Africa? This paper assesses the prospects of success for climate change litigation in one African country, Nigeria. To do this, this paper will consider four different forms of climate change litigation classified by UNEP, namely, (1) climate rights; (2) domestic enforcement; (3) keeping fossil fuels in the ground and (4) corporate liability and responsibility. It will then look at Nigerian law, specifically Nigeria’s Climate Change Act 2021, decided cases and policies that may shed light on the possible outcomes if these climate change cases were brought before courts in Nigeria. Nigeria is suitable as a case study being the largest producer of oil and gas in Africa, the poster child for the resource curse and a leader in African affairs.

This paper will be part of the OGEL Special Issue on "Climate Litigation and the Energy Sector". More information here www.ogel.org/news.asp?key=750