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

Rita Abhavan Ngwoke ,Rita Oguguo

doi:10.7176/jlpg/101-07

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

Highlights

The application of the rule of locus standi in Nigeria has its root in common law as developed in England
Locus standi requirements differed according to the remedy sought, and the person who approaches the court for relief was required to have an interest in the subject matter of the litigation in the sense of being personally adversely affected by the alleged wrong
We argue that the court should be more concerned about the impact on the environment and health of the ecosystem comprising the human population, fauna and the flora rather than focusing strictly on the rule of locus standi in determining climate change issues in Nigeria because of its potential to affect generations yet unborn

Summary

Introduction

The application of this rule is even stricter in climate change cases where the plaintiff is required to show prima facie evidence that the action of the defendant has adversely affected his right or interest in the subject matter of the claim. Defenders of Wildlife, 504 U.S 555 (1992), was a United States Supreme Court case decided on June 12, 1992, in which the court held that a group of American wildlife conservation and other environmental organizations lacked standing to challenge regulations jointly issued by the U.S Secretaries of the Interior and Commerce, regarding the geographic area to which a particular section of the Endangered Species Act of 1973 applied.

Results

Conclusion