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

Climate justice has emerged as a crucial framework for evaluating sustainable climateaction, emphasising inclusive governance, fair distribution of climate benefits andburdens, and access to remedies for vulnerable populations. Central to this discourse isthe role of law in shaping equitable climate outcomes. This paper critically examineshow legal systems can either enable or obstruct climate justice, particularly through thetripartite framework of recognition, distribution, and reparation. Using Nigeria as acase 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 underminepublic interest litigation. Notable legislations such as the Climate Change Act 2021, thePetroleum Industry Act (PIA) 2021, the NESREA Act (2018 as amended), and the 1999Constitution (as amended) fall short in ensuring inclusive, accountable, and just climategovernance. The study proposes constitutional amendments to recognise the right to aclean, healthy and safe environment, and indigenous rights with state obligations;removal of Section 6 (6) (c) of the 1999 Constitution (as amended) to facilitate climatelitigation, and give more impetus to the provisions of section 34 of the Climate ChangeAct 2021; structural changes to include indigenous representation in climate decisionmaking; adoption of carbon tax rebate systems to support vulnerable populations; andlegal mechanisms to prioritise access to climate finance and adaptation support. Itfurther calls for expanding NESREA’s jurisdiction to the oil and gas sector andreorienting the Host Community Development Trust under the PIA to align withclimate justice goals. By aligning Nigeria’s climate governance with international bestpractices, these reforms aim to achieve climate justice in law and practice, ensuring fairrepresentation, equitable distribution of resources for efficient adaptation andmitigation, and access to remedy for those most affected by climate change.