LAW AND RESPECT FOR ENVIRONMENTAL RIGHTS IN NIGERIA: INTERROGATING THE CLIMATE CHANGE ACT 2021.

Author(s): KPEA-UE, BARIYIRA SIMPLEVolume 20 (1)Dec., 2023


Abstract

Respect for human rights and good governance is one of the indices of a modern and democratic State. Protection of human rights to a safe and healthy environment is a covenant or duty of government towards its citizens. One of the global environmental challenges affecting the world today is climate variability which is caused by the presence of greenhouse gases in the atmosphere, burning of fossil fuel, deforestation, dumping waste in landfills, agricultural practices and poor family planning, amongst other things. The negative impacts of climate change include excessive flooding, impaired drinking water, damaged flora and fauna, food insecurity and high infant and maternal mortality rate in some of the affected communities. In order to address the far reaching negative impacts of climate change on man and the entire ecosystem in Nigeria, the National Assembly in 2021, enacted the Climate Change Act which provides a framework for mainstreaming climate change actions, a system of carbon budgeting and the establishment of the National Council on Climate Change. This article interrogated the Climate Change Act 2021 towards attaining environmental rights protection in Nigeria. Adopting the doctrinal research methodology, it found that the Act made spirited attempts to provide mechanisms for the protection of the right to a clean and safe environment in the face of oil exploration. It recommended amongst others that section 17 of the Act which empowers the Council to borrow money should be amended to peg the maximum borrowing benchmark to #1,000,000.00 (One Million Naira) per annum. 

          KEYWORDS: Human Rights, Environment, Climate Change.