International Environmental Law and Climate Litigation: Emerging Trends and Implications for Nigerian Courts

This paper examines emerging trends in international climate litigation and their implications for Nigerian courts, drawing on landmark cases from Australia, the Netherlands, Germany, and Pakistan and assessing the applicability of similar litigation strategies in the Nigerian context. Climate litigation, defined as cases in which parties seek to enforce climate obligations on governments or corporations through domestic courts, has grown significantly globally, driven by the Paris Agreement, international human rights law, and increasing climate science certainty. Using a professional legal analysis methodology, the research reviews the legal theories underlying successful climate cases, including the state duty to protect from foreseeable climate harm and corporate duty to disclose and reduce climate risks, and evaluates whether analogous claims could be brought before Nigerian courts. It examines the Nigerian legal framework for environmental rights claims, drawing on Section 20 of the 1999 Constitution's environmental objectives, the African Charter on Human and Peoples' Rights (domesticated in Nigeria), and NESREA Act provisions. The paper also considers recent Nigerian court decisions on environmental rights, particularly from the Niger Delta region, and assesses the readiness of Nigerian courts to engage with complex climate science evidence. Findings suggest that the constitutional and statutory foundation for climate litigation in Nigeria is developing but remains untested in the courts, with significant barriers including standing rules, judicial capacity, and enforcement uncertainty. Recommendations include capacity building for judges on climate law, strategic litigation planning by civil society, and legislative enactment of enforceable climate rights provisions. Keywords: climate litigation, Paris Agreement, environmental rights, Nigerian courts, NESREA.