CLIMATE CHANGE LITIGATION AND THE ACCOUNTABILITY FUNCTION OF JUDGE-MADE LAW IN CONTEMPORARY NIGERIA

Abstract

Courts are indispensable for the working and consolidation of the rule of law. They also have a key role to play with regards to making state institutions, powerful individuals, and corporate entities accountable, and ensuring the protection of human rights as established in constitutions, conventions, and laws. The anthropocene epoch and the problem of climate change has in recent times necessitated the clamour for the cultivation of a cadre of judges that understand the intricacies of climate change actions brought before courts for adjudication. One of the world’s most acclaimed environmental jurists, Brazil Supreme Court Justice Antonio Benjamin, has described climate change ‘as the single most important legal issue facing judges globally’. This underscores the centrality of knowledgeable judges in effective application of evolving environmental law based on an understanding of concomitant science. Nigeria is one of the ten countries categorised by the International Rescue Committee (IRC) as highly vulnerable to climate change impacts. Therefore, it is beyond cavil that judges in Nigeria ought to be equipped to understand and effectively apply the appropriate principles when faced with climate change actions. So far, decisions of national courts in cases such as Gbemre v Shell Petroleum Development Nigeria and Centre for Oil Pollution Watch v NNPC have been met with some criticism. Consequently, this article examined the legal and institutional factors that are propitious for effective delivery of climate justice in Nigeria. It adopts a comparative approach by analysing other crossjurisdictional practices.