Key Features of Nigeria’s New Climate Change Act

Date10 Jun 2022

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Nigeria’s New Climate Change Act

The challenge of Climate change has continued to affect every country on the continent, including African countries like Nigeria. These changes have led to the disruption of lives and national economies, thereby raising the need for urgency in implementing effective and ambitious climate actions.

In demonstrating Nigeria’s commitment to global climate change and the general energy transition agenda at the held COP26 summit, President Muhammad Buhari, on the 18th November, 2021, signed into law the Climate Change Bill passed by the national assembly.

This reflects admirable efforts by the Nigerian government to combat climate change and its adverse impacts, and set the course to attain the country’s long-term climate goals.

The goals, according to Director of the Centre of Climate Change and Development, Alex Ekwueme Federal University, Nigeria, Prof. Chukwumerije Okereke and sponsor of the bill, Sam Oniugbo, are a net-zero carbon emission target, national climate resilience, an adequate volume of climate finance and mainstreaming climate change actions into national development priorities.

This article by Brickstone reviews the New Climate Change Act, its objectives and key features.

Objectives of the New Climate Change Act

The Act sends a strong positive message to the world that Nigeria understands the enormity and urgency of the climate change challenge and it’s serious to implement the net-zero carbon pledge made by President Buhari at COP26 in Glasgow.

The Climate Change Act seeks to provide a legal and institutional framework for achieving low Greenhouse gas emissions, identifying the major climate risks and vulnerabilities facing the country, and mainstreaming climate change actions into national plans and programmes.

In this regard, section 1 of the Act, establishing the objectives and application of the said Act, provides thus:

The Act provides a framework for achieving low greenhouse gas emission, inclusive green growth and sustainable economic development by:

ensuring Nigeria formulates programmes for achieving its long-term goals on climate change mitigation and adaptation;
facilitating the coordination of climate change action needed to achieve long-term climate objectives;
mainstreaming climate change actions in line with national development priorities;
facilitating the mobilization of finance and other resources necessary to ensure effective action on climate change;
setting a target for the year 2050 – 2070 for the attainment of a net-zero GHG emission, in line with Nigeria’s international climate change obligations;
ensuring that private and public entities comply with the stated climate change strategies, targets and National Climate Change Action Plan (the Action Plan), amongst other objectives.
identifying risks and vulnerabilities, building resilience and strengthening existing adaptive capacities to the impacts of climate change;
implementing mitigation measures that promote low carbon economy and sustainable livelihood; and
ensuring that private and public entities comply with stated climate change strategies, targets, and National Climate Change Action Plan.

Notable Features of Nigeria’s New Climate Change Act

Though modeled after the climate laws of the UK and Ireland, Nigeria’s new Climate Change Act has many innovative aspects specially designed to adapt to the unique Nigerian situation.

The following are the key features of the Climate Change Act:

Establishment of the National Council on Climate Change and Secretariat: Section 3 of the Climate Change Act establishes the NCCC, which is vested with the power to make policies and decisions on all matters concerning climate change in Nigeria, including overseeing the National Climate Change Action Plan. In furtherance, the Law also establishes a Secretariat, to be headed by a Director- general, which shall aid the Council in the exercise of its objectives and obligations.

Establishment of the Climate Change Fund: The New Climate Change Act establishes a Climate Change Fund to be maintained by the Council, consisting of various funding sources, including sums appropriated by the National Assembly for the administration of the Council, grants, donations, fees for the services rendered by the Council and funding from International Organisations. By virtue of Section 15(2) of the Act, the Fund shall be applied towards various objectives like meeting the administrative cost of running the Council and all its offices, supporting climate change advocacy, and incentivising entities to transition to clean energy and sustain a reduced GHG emission. Essentially the Fund is envisioned as a financing mechanism for prioritized climate actions and interventions.

Formulation of Carbon Budget: The Act mandates the Federal Ministry for Environment, in consultation with the Federal Ministry for National Planning, to develop a carbon budget to keep the average rise in global temperature within 2°C and pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels. Also, by an order, set the carbon budget and budgetary period and periodically revise the budget in line with Nigeria’s NDCs and international obligations.

Formulation of National Climate Change Action Plan: The new Climate Change Act mandates the Secretariat and the Federal Ministry for Environment and National Planning to formulate an action plan in every five-year cycle. The plan is to serve as basis for identifying activities aimed at ensuring that the national emissions profile is consistent with the carbon bugdet goals, and also prescribe necessary measures and mechanisms to improve air quality and reduce the impacts of climate change in Nigeria, amongst others.

Conclusion

Essentially, the Climate Change Act provides a solid framework for climate action to achieve Nigeria’s short, medium, and long-term goals on climate mitigation and adaption.

Also, the Act commendably imposes varying degrees of required compliances from private and public entities,as well as ministries, departments and agencies, to ensure strict compliance with it’s provisions.

Download complete Act here.

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