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CUJPIA: VOL. 13 NO. 1, JUNE 2025

Climate Litigation and Multi-level Governance Systems Dynamics in Nigeria and South Africa

Submitted
June 30, 2025
Published
2025-06-17

Abstract

As courts in Africa play an increasingly important role in resolving cases related to climate change and environmental protection, their rulings have significant impact on the power dynamics in multi-level governance systems. This paper focuses on climate litigation and explores how judicial decisions influence federal-state relations within multilevel governance systems in Nigeria and South Africa. Climate Litigation is an emerging field of environmental law which refers to legal actions taken to address issues related to climate change. The paper embraces interpretivism, and recognise that although legal frameworks possess objective realities, subjective interpretations and social contexts shape our understanding. To examine climate litigation in these African countries, the study adopts a mixed-method approach-doctrinal and socio-legal approach. Doctrinal is used to uncover legal principles and precedents, while a socio-legal approach explores the impact of judicial decisions on federal-regional dynamics and climate governance. The paper underscores the importance of judicial decisions in managing complex federal dynamics amidst global environmental changes. The research findings conclude that judicial decisions have significantly impacted federal-state relations by enforcing policy alignment with environmental protection goals. Key findings indicate that, despite the existing tensions between the national government and its regions, the judiciary plays a crucial role in shaping climate policies and reconciling national and regional interests. Nevertheless, the primary challenge confronting these judicial rulings is the lack of enforcement.

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