Climate and legal experts have called for the urgent establishment of a highly skilled pool of Nigerian lawyers to support the implementation of the National Climate Change Act and bolster Nigeria's position in global climate negotiations. The call was made at a five-day pre-SB (Subsidiary Bodies) workshop titled 'Deepening the Capacity for Nigerian Lawyers to Support Implementation of Climate Act and Climate Negotiations,' organized by the International Centre for Energy, Environment & Development (iCEED) in partnership with the African Climate Foundation and the Nigerian Institute of Advanced Legal Studies (NIALS) on Monday in Abuja.
Critical Need for Specialized Legal Expertise
The experts argued that having a pool of lawyers is critical to tackle the growing complexities in the sector. Workshop Coordinator Huzy Mshelia emphasized that while some lawyers have been involved in environmental frameworks like the carbon market, the current number is insufficient to handle the growing complexities of the sector. He pointed out that a large pool of lawyers is needed to support the process because there are many issues that need to be covered in several legal spaces.
Mshelia noted that while the federal government maintains a designated team for international climate rounds, such as the UN Conference of Parties (COP), they require specialized legal advisors to handle textual outcomes and complex legal disputes. He added that most countries have decided to build this pool of lawyers to support negotiators, and it is essential for Nigeria to have that kind of structure.
Indigenous Capacity Over Foreign Reliance
Professor of environmental law and former Vice-Chancellor of Lagos State University, Professor Olanrewaju Fagbohun, SAN, pointed out that as an African leader, Nigeria must develop indigenous legal capacity rather than relying on foreign experts. He stressed the need for Nigerian lawyers to support the federal government in negotiations, stating that the country should not just rely on outsiders, as it has the capacity and understands its own challenges.
Fagbohun said that in reviewing the current legal framework, the existence of the Climate Change Act is a very good starting point. He acknowledged that the five-day training aimed to identify ambiguities and gaps within the document. He outlined a two-pronged strategy to engage the government on law reform while simultaneously utilizing the existing framework to ensure global compliance.
Key Elements of a Robust Climate Law
According to the senior advocate, a robust climate law must guarantee four critical elements: an effective governance regime, enhanced adaptive capacity for vulnerable communities, a funding mechanism capable of attracting private and public sector capital, and provisions for a just transition. He added that Nigeria is a developing country with many national objectives that cannot be ignored, and whatever is put in place must align with those objectives, making the understanding of lawyers very critical in that area.
