Application of the Rule of Locus Standi in Climate Change Litigations in Nigeria

Abstract

Locus Standi is a vital rule that allows for the courts or tribunals to determine who the aggrieved party is and who is an interloper. Its application to the issue of climate change in Nigeria is very strict as compared to other jurisdictions of the world. This paper examined the application of the concept in climate change litigation by Nigeria. It observed that the jurisprudence of Nigerian courts on this issue has remained overly rigid to allow for a robust legal redress for injuries caused by activities arising from majorly the oil industry, which is the prime culprit of environmental damage and greenhouse gas emissions. The paper concludes that the courts in Nigeria should adopt the liberal approach to locus standi in climate change litigation by giving premium to concerns about the impact deleterious activities on the environment and people rather than upholding rules of legal technicalities.

Keywords: locus standi, jurisdiction, climate change, litigation, pollution, greenhouse gas

DOI: 10.7176/JLPG/101-07

Publication date:September 30^th 2020