The Role Of Law And The Tripartite Approach To Climate Justice: Lessons For Nigeria From Canada

Abstract

Climate justice has emerged as a crucial framework for evaluating sustainable climate
action, emphasising inclusive governance, fair distribution of climate benefits and
burdens, and access to remedies for vulnerable populations. Central to this discourse is
the role of law in shaping equitable climate outcomes. This paper critically examines
how legal systems can either enable or obstruct climate justice, particularly through the
tripartite framework of recognition, distribution, and reparation. Using Nigeria as a
case study, and drawing comparative insights from Canada an advanced jurisdiction,
this study assesses the extent to which national laws reflect climate justice principles.
The paper reveals significant gaps in Nigeria’s climate change legal framework,
including weak enforcement of environmental laws, institutional fragmentation,
exclusionary governance provisions, and constitutional ouster clauses that undermine
public interest litigation. Notable legislations such as the Climate Change Act 2021, the
Petroleum Industry Act (PIA) 2021, the NESREA Act (2018 as amended), and the 1999
Constitution (as amended) fall short in ensuring inclusive, accountable, and just climate
governance. The study proposes constitutional amendments to recognise the right to a
clean, healthy and safe environment, and indigenous rights with state obligations;
removal of Section 6 (6) (c) of the 1999 Constitution (as amended) to facilitate climate
litigation, and give more impetus to the provisions of section 34 of the Climate Change
Act 2021; structural changes to include indigenous representation in climate decisionmaking; adoption of carbon tax rebate systems to support vulnerable populations; and
legal mechanisms to prioritise access to climate finance and adaptation support. It
further calls for expanding NESREA’s jurisdiction to the oil and gas sector and
reorienting the Host Community Development Trust under the PIA to align with
climate justice goals. By aligning Nigeria’s climate governance with international best
practices, these reforms aim to achieve climate justice in law and practice, ensuring fair
representation, equitable distribution of resources for efficient adaptation and
mitigation, and access to remedy for those most affected by climate change.