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Accepted Paper:

The route to climate justice in Nigeria: Recourse to environmental justice jurisprudence  
Eghosa Ekhator (University of Derby, UK)

Paper short abstract:

The African Charter on Human and Peoples' Rights is one of the strategies that has been relied upon by environmental injustice victims to improve access to justice and hence the African Charter has a role to play in improving the prospects of climate justice and climate litigation in Nigeria.

Paper long abstract:

Countries in Africa (and other countries in the Global South) are bearing the brunt of climate change. In Nigeria, the already vulnerable communities and individuals face the brunt of environmental injustices exacerbated by the impacts of climate change. This has been exacerbated by a plethora of factors not limited to poverty, the activities of multinational companies (MNCs) and endemic environmental injustice issues in many parts of the country (especially the Niger Delta wherein the oil and gas industry is located).

One possible strategy to improve climate action in Nigeria is the possible reliance on the climate justice paradigm. This paper argues that existing environmental justice caselaw can be the basis of climate litigation in Nigeria. Furthermore, this paper will discuss the role of the African Charter on Human and Peoples' Rights as a possible tool to promote climate justice in Nigeria. The African Charter has impacted positively on Nigerian laws and courts. The African Charter is one of the strategies that has been relied upon by environmental injustice victims to improve access to justice and hence the African Charter has a pivotal role to play in improving the prospects of climate justice and climate litigation in Nigeria.

Panel Law03
Environmental and climate rights in Africa: what happens when courts have a say
  Session 1 Friday 2 June, 2023, -