By Lucky Isibor
The African Network for Environment and Economic Justice (ANEEJ), a civil society actor has raised the alarm over the unwillingness of multi-national oil companies operating in the Niger Delta region to comply to the Paris climate change agreement of reduction in carbon emissions and move away from fossil fuels, lamenting that they have abandoned the initial climate commitments for short term profit as a result of the increased global demand for crude oil.
The acting Executive Director of ANEEJ, Leo Atakpu stated this in his welcome address at a one-day roundtable on Climate Litigation held at ANEEJ secretariat in Benin City on Monday, 8 April.
The acting Executive Director disclosed that ANEEJ is currently collaborating with some climate change activists to advance the implementation of Paris Climate Change Agreement by inspiring oil companies to adopt the call for carbon emission to 1.5°C and below.
“The Africa Network for Environment and Economic Justice (ANEEJ) is currently working with some climate justice activist under the umbrella of the Peoples AGM to further our work on climate change and the environment. Particularly, we are interested in advancing the implementation of Paris Climate Agreement by encouraging oil companies and their investors to adopt the call for carbon emission reduction targeting 1.5°C and below, and fossil fuel phase-out with a just energy transition projection to protect the natural environment from pollution and overexploitation.
“Despite the urgent need for the world to quickly move away from fossil fuel or at least drastically reduce carbon emission, to meet the 1.5°C target set in Paris, and save the planet from destruction, oil and gas companies have failed to provide realistic plans that will ensure global comfort. Major oil companies have abandoned initial climate commitments for short term profit because of increased global demand for crude oil. In 2023, the Church of England Pensions Board, a major investor in Shell and other oil companies announced that they were withdrawing their funds from Shell and other companies because such companies have abandoned their climate commitments for profits. More investors like the Dutch healthcare pension fund PFZVV have also dumped some oil companies for lack of credible climate strategy”.
While noting that the roundtable is designed to discuss the way forward in the implementation of the national climate policy 2021-2030 and the Climate Act 2021, Atakpu pointed out it will also serve as a platform to call for environmental stewardship, human rights and sustainable future in the Niger Delta.
“By leveraging on legal mechanisms, we can seek to achieve Compensation and Remediation: Seek compensation for affected communities and ecosystems due to climate-related harm caused by oil spills, deforestation, and pollution.
“Policy Reform: Advocate for robust environmental policies, stricter regulations, and effective enforcement mechanisms to prevent further damage.
“Community Empowerment: Empower local communities to actively participate in legal processes, ensuring their voices are heard and their rights protected”.
Declaring the roundtable open, the Edo State Commissioner for Environment and Sustainability, Arc. Joshua Omokhodion pointed out that climate change is the greatest environmental challenge facing mankind today, noting that it negatively impacts on drought and shifting rainfall patterns.
The Commissioner who was represented by the Director of Climate Change Department of the ministry, Mr. Kenneth Woghiren added that that climate litigation has brought new clues that’s redirecting the mode of fighting climate change globally.
While enumerating measures the state government has initiated to check climate change, Omokhodion called for collaboration and support of everyone present for the implementation of the outcome of the climate change litigation dialogue.
In a paper presentation on Climate Litigation titled, “Climate Change and Multinationals in Nigeria: A Case for Climate Justice”, presented by Dr. Eghosa Ekhator, a senior lecturer in law at the University of Derby, United Kingdom; the erudite scholar noted that litigation is the last resort.
Dr. Ekhator pointed out that though the Nigerian constitution of 1999 as amended did not provide measures by the state and its citizens to tackle climate change issues, that the Climate Change Act of 2021 has come to address the lacuna, adding that the law has been applauded by scholars and stakeholders for its mechanisms, such as the establishment of the National Council on Climate Change.
“Arguably the enactment of the Climate Change Act will have positive implications for climate change litigation in Nigeria. For example, section 34 of the Climate Change Act states: at (1) A person, or private or public entity that acts in a manner that negatively affects efforts towards mitigation and adaptation measures made under this Act commits an offence and is liable to a penalty to be determined by the Council.
(2) A Court, before which a suit regarding climate change or environmental matters is instituted, may make an order (a) to prevent, stop or discontinue the performance of any act that is harmful to the environment; (b) compelling any public official to act in order to prevent or stop the performance of any act that is harmful to the environment; (c) compensation to the victim directly affected by the acts that are harmful to the environment.
“Further more, the possible imposition of climate obligations on public and private entities, under section 23 and 24 of the Act, could form the basis of a cause of action against them in climate litigation.
“Also, section 26 provides for climate change education. This can both boost climate awareness but also lead to litigation in Nigeria if the provisions of the section are not met. Thus, the new legislation will not only hopefully improve climate action in Nigeria, but also create avenues for legal challenges if its promises are not fulfilled. There are clear legislative duties to reduce harm and a failure to meet these can be challenged in the courts”.
In a remark, the Executive Director of ANEEJ, Rev. David Ugolor highlighted some of the challenges facing Climate Change Litigation to include the interest the Nigerian state holds in the multi-national oil companies operating in the country, noting that as share holders in these oil companies, any legal action against them is also legal action against the government which owns the courts too. He pointed out that while the multi-national oil companies have the financial war chest to hire the most experienced Senior Advocates of Nigeria (SANs), CSOs and climate change activists may have to depend on pro bono lawyers to handle their cases.
In a good will message, the president of the Coalition of Non-governmental Organisations (CONGOs), Mrs. Abiola Iganga called for the involvement of more community based organisations in the oil producing communities as they are at the receiving end of the effects of climate change resulting from oil exploitation activities.
At the end of deliberations, participants committed to collaborate with ANEEJ and other stakeholders to work towards the realisation of carbon emission reduction by oil producing companies.