“The quality of [climate] governance will determine whether we succeed or fail in tackling the climate emergency. But the judicial system may become our weak link. We do not have strong lawyers representing Nigeria [in climate negotiations].” – Ewah Eleri, ICEED.
There was a time when climate change was considered the business of scientists, environmentalists and weather forecasters. Lawyers rarely featured in the conversation. But in today’s world, where climate commitments are written into laws, budgets, contracts, regulations and international agreements, the lawyer has become as important as the scientist. And, specifically in Nigeria, after Nigeria’s Climate Change Act was signed into law in November 2021, the climate action dynamics have changed. Indeed, climate change is now a legal emergency.
A fortnight ago, in Abuja, an unusual gathering took place. For five days, Nigerian lawyers sat together to deepen their understanding of the Climate Change Act and the intricate processes of international climate negotiations. The pre-UNFCCC Subsidiary Bodies workshop was organized by the International Centre for Energy, Environment and Development in partnership with the African Climate Foundation and the Nigerian Institute of Advanced Legal Studies, bringing together lawyers, legal academics, climate policy experts, negotiators, government representatives, and development partners to strengthen legal expertise in climate governance and enhance Nigeria’s effectiveness in international climate negotiations.
It is the gradual emergence of a legal army that could determine whether Nigeria’s climate ambitions remain mere aspirations or become reality. With Nigeria’s growing regional climate leadership, engagement in global climate governance and the implementation of the Climate Change Act, 2021; we need a highly skilled legal community capable of supporting climate policy implementation, climate litigation, regulatory development, carbon market governance, and international climate negotiations.
Nigeria made history in 2021 when it enacted the Climate Change Act. It was a bold move, one that placed the country among the few African nations with a comprehensive legal framework for climate governance. The law established the National Council on Climate Change, set pathways for emissions reduction, and created obligations for public institutions to mainstream climate action into governance. However, as every Nigerian knows, passing a law is often the easiest part. Implementation is where the real battle begins.
The Climate Change Act is now approaching its fifth year. Yet, many ministries, departments and agencies still struggle to integrate climate considerations into planning and budgeting. Many state governments have yet to fully domesticate climate governance structures. For many citizens, the law remains a distant document with little visible impact on daily life. This is precisely why the training programme for lawyers may prove more significant than many realise.
Climate change is increasingly becoming a matter of rights, obligations and accountability. Around the world, courts are emerging as powerful arenas where governments and corporations are being challenged to honour their climate commitments. From Europe to Latin America, judges are being asked to determine whether climate inaction violates constitutional rights, threatens future generations, or breaches international obligations. Nigeria is unlikely to remain outside this global trend.
Just the same way we are a major regional driver after access to safe, affordable and accessible water was recognized by the United Nations General Assembly in 2010 as a human right, imposing legal obligations on governments to provide for their citizens.
As floods continue to devastate communities, as desertification advances across the northern landscape, and as extreme weather events place growing pressure on livelihoods, questions of accountability will inevitably arise. Citizens will seek answers. Communities will seek remedies. Governments will require legal guidance. Investors will demand regulatory certainty. This is where climate lawyers come in.
The Abuja workshop exposed participants to the legal architecture of the United Nations Framework Convention on Climate Change, the Paris Agreement, carbon markets, climate finance, adaptation frameworks and negotiation procedures. More importantly, it introduced them to the reality that climate diplomacy is increasingly a legal exercise, where lawyers contribute through treaty interpretation, legal drafting, position paper development, analysis of negotiation texts, identification of legal implications of proposed decisions, and advisory support to negotiators. So they require knowledge of negotiation structures, contact groups, agenda items, drafting procedures, and consensus-building techniques commonly used within international climate negotiations.
It went through the fine prints of the Climate Change Act with a fine-tooth comb, and painstakingly identified loopholes and incomplete policy regulations, offering recommended amendment clauses. For instance, Section 24 [1] reads, “Any private entity with employees numbering 50 and above to put in place measures to achieve annual carbon emission reduction…” The recommended amendment would address the ambiguity and injustice raised when private entities with less than 50 employees may generate emission beyond prescribed limits. There should be proportionate regulation/streamlined compliance – need for balance to protect the private sector from undue burdens.
Another one is in Section 22 [1], which reads, “MDAs shall establish a climate change desk to be supervised by an officer not below the Directorate cadre…” It is recommended that an additional clause should read thus, “Private entities shall designate climate change/sustainability officers with responsibility to integrate climate change activities.”
At international negotiations, every word matters. A single phrase inserted or removed from a draft text can affect billions of dollars in climate finance, determine access to technology transfer, or shape the obligations of developing countries for years to come. Negotiators, therefore, need lawyers who understand both the language of law and the politics of climate governance. For Nigeria, this need is urgent.
The country stands at a crossroads. It must pursue economic growth while simultaneously navigating the global transition away from fossil fuels. It must protect vulnerable communities from climate impacts while seeking international support for adaptation. It must participate in emerging carbon markets while ensuring environmental integrity and social justice. These are not merely technical questions. They are legal questions.
The workshop produced several important outcomes, including creation of a Climate Law Knowledge Network; strengthened negotiation preparedness, practical skills relevant to supporting Nigerian delegations at UNFCCC meetings, including SB sessions and future COPs; enhanced understanding of the Climate Change Act; improved legal readiness, capacity required for climate policy implementation, compliance monitoring, legislative drafting, and dispute resolution; and greater collaboration among legal practitioners, academia, government institutions, development partners, and civil society organizations involved in climate governance.
Perhaps the most important lesson from the training is that climate governance can no longer be left to government alone; and our global climate engagements should not be outsourced to foreign legal practitioners.
The Climate Change Act provides a framework, but frameworks do not implement themselves. They require institutions, professionals and citizens willing to defend them. They require lawyers capable of translating broad policy objectives into enforceable actions. They require advocates who can ensure that climate promises made in conference halls are honoured in communities.
What is more, the significance of the training extends beyond professional development. Climate negotiations increasingly shape access to international climate finance, technology transfer opportunities, adaptation support, carbon market participation, energy transition pathways, and industrial development strategies. Consequently, Nigeria requires a robust legal support system capable of protecting national interests while ensuring compliance with international obligations. The workshop represents an important step toward institutionalizing climate law expertise within Nigeria’s legal profession and strengthening the country’s capacity to engage effectively in global climate diplomacy.
For too long, climate discussions in Nigeria have revolved around technical experts and international consultants. The lawyers are now entering the room. And if the country is serious about implementing its Climate Change Act, securing climate finance, protecting vulnerable communities and defending its interests in global negotiations, their presence may be arriving at exactly the right time. The question is whether the country is ready to make full use of them. And on the part of the lawyers, whether they will embed climate change in Nigeria’s legal system so that this intervention will not be a flash in the pan.