A Call For Domestication of The Climate Change Act 2021 in the 36 States Of The Federal Republic Of Nigeria

There is a universal consensus that warm temperatures are being replaced by warmer seasons. In March 2023, the Intergovernmental Panel on Climate Change published its latest report, aligning with its previous finding on the urgency of climate action: “Climate change is a threat to human well-being and planetary health” and that ‘the choices and actions implemented in this decade will have impacts now and for thousands of years’. Concerted efforts are required to abate the emissions of greenhouse gases or minimize their emissions to the barest minimum. This is also in accordance with Sustainable Development Goal 13, which provides for taking action to combat climate change and its impacts.

In response to this growing concern, the National Assembly of the Federal Republic of Nigeria passed the Climate Change Act 2021. The principal objective of the Act is to Mainstream Climate actions into Government policies and activities, provide for a system of carbon budgeting, and establish the National Council on Climate Change.

The impact of climate change across the Federation is not uniform. Community needs and vulnerability vary. It is on this note that there is an urgent need to domesticate this Act in the states of Nigeria. This article explores the significance of domesticating the Climate Change Act 2021 at the state level and its potential benefits for Nigeria’s environment, economy, and future.

THE CLIMATE CHANGE ACT 2021: A MILESTONE IN NIGERIAN LEGISLATION

The Climate Change Act 2021, which was enacted by the National Assembly is the first wholly comprehensive piece of legislation that addresses the critical subject of climate change. It provides a framework for Nigeria to mitigate and adapt to the effects of climate change while promoting sustainable development practices. The Act covers a wide range of issues, including the reduction of greenhouse gas emissions, the establishment of the National Climate Change Council, and the development of a National Climate Change Policy and Action Plan.

The National Council on Climate Change “the Council” is saddled with the responsibility of coordinating the implementation of sectoral targets and guidelines for the regulation of GHG emissions and other anthropogenic causes of climate change. Also, the Council is responsible for reviewing international agreements related to climate change and making the necessary recommendations for ratification and compliance by the government on matters pertaining thereto. Several other responsibilities are given to the Council as provided in Section 4 of the Act. Membership in the Council is provided under Section 5 of the Act with the President as the Chairman and the Vice President as the Vice Chairman.

Other members of the Council include the Ministers responsible for Environment, Petroleum Resources, Budget and National Planning, Justice, Mines and Steel Development, Finance, Agriculture and Rural Development, Power, Women Affairs, Transportation and Water Resources. Other members as provided by the Act include the Governor of the Central Bank of Nigeria, the National Security Adviser, the Chairman of the Nigerian Governors’ Forum, the President of the Association of Local Governments of Nigeria, representatives of the youth, women, people with disabilities, and a representative civil society organization.

The secretariat of the Council is responsible for monitoring, verifying, and reporting on the extent to which the national emission profile is consistent with the carbon budget. Monitoring, verification and reporting on the progress of the implementation of the action plan Providing analytical, scientific and technical advice to the Council on climate science, including sources of emissions, climate risks, and options for mitigation and adaptation Several responsibilities are given to the secretariat, which is the administrative arm of the Council.

Unfortunately, Section 2 of the Act precludes its application to Ministries and Departments of the Federal Government of Nigeria. The Act does not apply to Ministries and Departments of States and Local Government in Nigeria. One often rhetorically ask if there can be any effective effort against Climate change, leaving the states and local governments.

THE URGENT NEED FOR DOMESTICATION

While the Federal Government’s commitment to combating climate change is commendable, the impacts of climate change are often felt most acutely at the local level. Each state in Nigeria has its unique climate challenges and vulnerabilities, making it imperative for the Climate Change Act 2021 to be domesticated at the state level. Here are some compelling reasons for this urgency:

Tailoring Solutions to Local Needs: Domesticating the Act allows each state to assess its specific climate risks and develop tailored solutions. This approach ensures that the policies and strategies put in place are relevant and effective in addressing local challenges.

Strengthening Climate Resilience: Nigeria’s states vary in their vulnerability to climate change, with some regions facing increased droughts while others grapple with flooding. Domestication of the Act enables states to allocate resources and implement measures that bolster their climate resilience.

Encouraging Grassroots Participation: By bringing climate action closer to communities, domestication of the Act encourages local participation and ownership. It empowers states and local governments to engage citizens, civil society, and businesses in climate initiatives.

Leveraging Local Resources: Each state possesses unique natural resources and human capital. Domestication enables states to harness their resources efficiently, contributing to both climate mitigation and adaptation efforts.

Fostering Economic Growth: Climate action can be a catalyst for economic growth and job creation. States can tap into renewable energy sources, promote sustainable agriculture, and develop eco-friendly industries, which can stimulate local economies.

Meeting International Commitments: Nigeria, like other nations, is obligated to fulfill its international commitments to combat climate change. Domesticating the Climate Change Act 2021 is a crucial step in aligning with global efforts to reduce greenhouse gas emissions and limit global warming. It will also be a step towards acting in line with SDG 13 to combat climate change and its impacts.

CHALLENGES AND THE WAY FORWARD

While the need for domestication is clear, it is essential to acknowledge the challenges that may arise. These challenges include resource constraints, capacity building, and the need for technical expertise. To overcome these obstacles, collaboration between the federal and state governments, as well as international partners, will be vital.

Furthermore, public awareness and education about climate change and the importance of the Climate Change Act 2021 should be prioritized. This will create a supportive environment for implementation and ensure that communities are engaged and informed.

CONCLUSION

The urgency of domesticating the Climate Change Act 2021 in the states of Nigeria cannot be overstated. Climate change poses a significant threat to the country’s environment, economy, and the well-being of its citizens. By adapting and implementing the Act at the state level, Nigeria can take a significant step towards mitigating climate change and building resilience in the face of its impacts. This action not only aligns with international commitments but also empowers local communities to be active participants in the fight against climate change, securing a more sustainable future for all Nigerians.

This article was written by Alfred Iortyaver, Esq.

Credit: Loyal Nigeria Lawyer