Climate and legal experts meeting have called for the urgent establishment of a highly skilled pool of Nigerian lawyers to support the implementation of the National Climate Change Act and bolster the Nigeria’s position in global climate negotiations.

They made the call at a five day pre-SB (Subsidiary Bodies) workshop titled ‘Deepening the Capacity for Nigerian Lawyers to Support Implementation of Climate Act and Climate Negotiations’ organised by the International Centre for Energy, Environment & Development (iCEED) in partnership with the African Climate Foundation and the Nigerian Institute of Advanced Legal Studies (NIALS), Monday in Abuja.

The experts argued that having a pool of lawyers is critical to tackle growing complexities in the sector
Coordinator of the workshop, Huzy Mshelia, emphasised that while some lawyers have been involved in environmental frameworks like the carbon market, the current number is insufficient to handle the growing complexities of the sector.

He pointed that “We do need a large pool of lawyers to support this process, because there are a lot of issues on this process that need to be covered in several legal spaces.”

Mshelia noted that while the federal government maintains a designated team for international climate rounds, such as the UN Conference of Parties (COP), they require specialised legal advisors to handle textual outcomes and complex legal disputes.

“Most countries have decided to build this pool of lawyers to support the negotiators, and we think it is essential for us to also have that kind of structure,” he added.

Professor of environmental law and former Vice-Chancellor of Lagos State University, professor Olanrewaju Fagbohun, SAN, pointed that as an African leader, Nigeria must develop indigenous legal capacity rather than relying on foreign experts.

“We want a situation where lawyers from Nigeria are also able to support the federal government of Nigeria when it comes to this negotiation.

“We should just not be relying on outsiders to support us, we also have the capacity. We understand our challenges,” he said.

Fagbohun said that in reviewing the current legal framework, the existence of the Climate Change Act is a very good starting point.

He however acknowledged that the five day training aimed to identify ambiguities and gaps within the document
He outlined a two pronged strategy to engage the government on law reform whilst simultaneously utilizing the existing framework to ensure global compliance.

According to the senior advocate, a robust climate law must guarantee four critical elements which are an effective governance regime, enhanced adaptive capacity for vulnerable communities, a funding mechanism capable of attracting private and public sector capital, and provisions for a just transition.

“Don’t forget that Nigeria is a developing country, and there are quite a lot of things that we have as our objectives as a nation. We cannot ignore those objectives. Whatever we are putting in place must also be in tandem with that, and that is why the understanding of lawyers is very critical in that area,” Professor Fagbohun adds.