Introduction
Climate change in Nigeria could, for example, be attributed to the production of fossil fuels in which greenhouse gases (GHGs) are emitted. [1] A decrease in the production of fossil fuels is likely to affect the development of Nigeria. Hence, as a member of the Organisation of Petroleum Exporting Countries (OPEC), Nigeria will have to balance its economic interests and environmental protection. This blog piece seek to examine the relationship between GHG mitigation and sustainable development (SD) in Nigeria from a legal perspective.
The Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as amended), which is the basis for all governance actions in Nigeria, makes provision for both economic objectives and environmental objectives of the country.[2] Given that the CFRN also recognize international legal instruments as vital source of Nigerian law, the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement could sufficiently serve as examples as far the mitigation of GHG emission is concerned, while SD agenda are exemplified by the guidelines of the United Nations Sustainable Development Goals (SDGs).
The goal of the UNFCCC is to achieve the stabilization of greenhouse gas concentrations in the atmosphere, at a level that would prevent dangerous anthropogenic interference with the climate system. [3] The Paris agreement re-affirms and elaborates on the provisions of Article 2 of the UNFCCC, by setting a threshold in terms of ensuring that average global temperature does not rise above 2°C and should possibly be as low as 1.5°C in relation to the pre-industrial level. [4] The provisions of the Paris Agreement also encourage the use of Low Emission Development Strategies (LEDs) that do not hamper food production. By way of innovation, the Paris Agreement also advocate for the establishment of a bi-annual Measurement Reporting and Verification (MRV) requirement mandating both Annex 1 and non-Annex 1 countries to submit GHG emission reduction plans to a technical and peer review committee. [[5]] Adhering to the provisions of the UNFCCC and Paris Agreement could likely abate GHG emissions and promote SD in Nigeria.
GHG mitigation and sustainable development in Nigeria
In addition to the international legal instruments, there are other domestic policies and measures aimed at mitigating GHG emissions. These policies and measures consist of the Intended Nationally Determined Contributions (INDCs)[6] and the Nationally Appropriate Mitigation Actions (NAMAs).[7] Being a party to the UNFCCC, and the Paris Agreement, Nigeria is obliged to integrate a viable and suitable GHG mitigation strategy into its mainstream development policy framework in accordance with the UNFCCC’s principles of “common but differentiated responsibilities and respective capacity” (CBDR & RC).[8] The principle is essentially designed to provide industrialized countries with some flexibility on how they meet their emission abatement targets; at the same time it helps to start off developing countries on a low carbon development path. [9]
However, a low carbon development path must be in conformity with SD requirements. According to the Intergovernmental Panel on Climate Change (IPCC) report of 2001, SD is the “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”[10] To this end, the core objectives of SD as provided by the SDGs is to address and incorporate in a post-2015 Agenda, all the three notable pillars of SD i.e. economic, social and environmental in a balanced, transformative, ambitious way that is universally applicable and nationally relevant.[11] In furtherance to the objectives of the SDG, the Paris Agreement in Article 6 adequately provides for a Sustainable Development Mechanism (SDM) which is wider in its scope of application, for it consists of both equity and responsibilities, which for present purpose could mean GHG mitigation and SD.
Trade offs between GHG mitigation and sustainable development in Nigeria
Most developing nations as well as OPEC members including Nigeria find it very difficult to strike the right balance between state responsibility (GHG mitigation) and SD. [12] For example, in Nigeria the government is grappling to link short-term economic interests against the long-term interests of its people in spite of its oil-based foreign reserve. Again, due to the complexity of climate change, linking the right to SD with fundamental and conflicting interest associated with environmental integrity, social cohesion and economic efficiency seem not plausible. As far as these complexities exist, the implementation of the GHG mitigating strategies as regulated by the CFRN, while promoting SD in Nigeria presents a unique set of challenge. Lack of clarity on GHG mitigation and SD in the provision of the CFRN makes it necessary to look at the international regulatory landscape. In other words, success of the SDM and other similar policies hinges on an effective implementation of International law in Nigeria. However, the implementation of international law principles in Nigeria require a methodological approach. In a milieu of conflicting rights, responsibilities and interpretations the application of the third world approach to international law (TWAIL), which advocates for an understanding of international law beyond (post)coloniality could be appropriate. [13] As an approach, TWAIL is considered as “a virtual site from which scholars and activists, from the South and the North, can work both to resist and to reform international law.” [14]
Recommendations
In order to pave the way for implementing the international and harmonised legal framework on GHG mitigation anchored on the CBDR& RC in OPEC countries such as Nigeria, there is need to:
- Reformulate policies that would aid Nigeria to address the potential trade-offs between GHG mitigation and economic development.
- Design an analytical framework inspired by the TWAIL school of thought to support the implementation of international legal instruments for climate change in Nigeria.
- To study the implementation of the international legal instrument for GHG in other OPEC countries based on the TWAIL, to develop a national legal framework on SD that integrates Nigeria’s national GHG mitigation policy into the SDG.
[1] Maji, Habibullah and Yusof-Saari 2016 International Journal of Economics & Management 10; Statista 2022 (accessed 30 January 2025).
[2] See section 16 on economic objectives and section 20 of the CFRN which for environmental protection.
[3] Article 2 of the UNFCCC.
[4] Nigeria signed the Paris Agreement on 22 September 2016 and ratified 0.57% of its GHG emission.
[5] Mulatu, K. A., Nyawira, S. S., Herold, M., Carter, S., & Verchot, L. (2024). Nationally determined contributions to the 2015 Paris Agreement goals: transparency in communications from developing country Parties. Climate Policy, 24(2), 211-227.
[6] A decision of Conference of Parties (COP) 19 of the UNFCCC which took place from November 11 to 22 in Warsaw, Poland.
[7] See the main agenda of Conference of Parties (COP-13) to the UNFCCC.
[8] The principle requires that: “All countries shall prepare Low Emission Development strategies (LEDS) …nationally driven and representing the aims and objectives of individual Parties in accordance with national circumstances and capacities.” See the Cancun Agreement held on 11 December 2011 at Cancun Mexico.
[9] Ihemeson, O. C. (2023). The roles of developed and developing countries in curbing fossil emission for sustainable development: Implications for policies making. American Journal of Social and Humanitarian Research, 4(11), 116-139.
[10] See also reports of the World Summit on Sustainable Development 2002. Johannesburg Plan of Implementation and Johannesburg Declaration on Sustainable Development.
[11] UNEP and the post-2015 Agenda. Discussion paper 1 (accessed 30 January 2025).
[12] Dechezleprêtre, A., Fabre, A., Kruse, T., Planterose, B., Chico, A. S., & Stantcheva, S. (2022). Fighting climate change: International attitudes toward climate policies (No. w30265). National Bureau of Economic Research.
[13] Makau, M. and Antony, A. What Is TWAIL? Proceedings of the Annual Meeting (American Society of International Law), APRIL 5-8, 2000, Vol. 94 (APRIL 5-8, 2000), 31-40.
[14] Eslava, L. and Pahuja, S. Beyond the (Post)Colonial: TWAIL and the Everyday Life of International Law. Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America, 2012, Vol. 45, No. 2 (2012), 195-221.
