CLIMATE CHANGE, ENVIRONMENT AND GREEN HOUSE EFFECT: THETRIPLE CONCEPT

ADAGUUSU P. DOOSHIMA

dibpa2012@gmail.com

ABSTRACT

The frequency and intensity of extreme weather

conditions gives rise to its vulnerability. As

temperature increases and rainfall patterns change, it is

predicted that millions of people in Africa will face

shortage of water and food and greater risks to health

and life as a result of climate change.

This scenario is not different in Nigeria, as it’s

already glaring and evident. It should be borne in mind

that one of the challenges posed and highly neglected is

that of the environment. This work seeks to make an

analysis of climate change in line with the role of law

in the Nigerian society. It examines the challenging

effects of climate change and then also seeks proffer

possible recommendations.

1

1.0 INTRODUCTION

Climate change is one of the “new global issues” that

has become a major concern because the subject matter of

the ecosystem vulnerability, deforestation, pollution and

degradation has created potential, economic and cultural

damage to the national and even international polity. It

has been revealed by scientific consensus that human

activities are having discernable impact on global

climatic system which causes “warming” of the earth. This

is evident from emission of Green House Gases, depletion

of the ozone layer, amongst other concepts that we are

most likely conversant with. Climate change impacts are

already affecting people and the planet and science shows

it will get far, far worse. The biggest impacts will be

on the lives and livelihood of the poor and developing

countries, especially small island states. The biggest

culprits are the rich and the developed countries.

The important task the law plays in societal

protection and maintaining a balance in human affairs

2

should not be undermined. It has a significant role in

averting climate change by ensuring that we adapt to

nature better while performing our day to day activities,

being conscious of the fact that such contributions

should not alter the earth, but should rather add value

to it. In addition, climate change may have other

implications for other areas of legal practice such as

accountancy and taxation, corporate social responsibility

(CSR) and corporate transactions,1 and thus a good gold

mine, which lawyers should explore.

2.0 CONCEPTUAL BACKGROUND

According to Wikipedia, Climate Change is a

significant and lasting change in the statistical

distribution of weather patterns over periods ranging

from decades to millions of years. It may be change in

average weather conditions or in distribution of weather

around the average conditions.2 It is one of the most

1 http://www.yusufali.net/articles/LEGAL_PROFESSION_AND_CLIMATE_CHANGE_IN_NIGERIA.pdf accessed 17th June, 20132 Wikipedia online series http://en.wikipedia.org/wiki/ accessed 10th June 2013

3

significant sustainability issues facing today’s

generation. The UNFCCC3 defines it as an alteration in

the atmospheric temperature caused by green house gases

which are accumulating the earth’s atmosphere as a result

of human activities. As part of our society, climate

change is perceived as a potentially dangerous phenomenon

and a gigantic environmental concern which needs to be

addressed urgently.

The climate is changing. The earth is warming up, and

there is now overwhelming scientific consensus that it is

not only happening but it’s also human-induced. Thus,

while global warming is on the increase, species and

their habitats are on the decrease, thus the chances for

ecosystems to adapt naturally are diminishing. Many have

agreed that climate change may be one of the greatest

threats facing the planet. Recent works shows increasing

temperatures in various regions, and/or increasing

extremities in weather patterns.4

3 United Nations Framework Convention for Climatic Change4 www.globalissues.org/article/521/un-framework-convention-on-climate-change

4

The components of the climate system consist of the

atmosphere, the hydrosphere, the cryosphere, the surface

lithosphere and the biosphere. Each of these components

has different physical characteristics and are linked to

each other with conditions external to the system by a

variety of physical processes. Nigeria has a variety of

ecosystems, from mangroves and rainforests on the

Atlantic coast in the south, to the savannah in the

north, bordering the Sahara and they are not immune from

the damaging effects of climate change.

On the other hand, Green House effect5 is defined as

a process by which thermal radiation from a planetary

surface is absorbed by atmospheric green house gases

(GHGs) and is re-radiated in all directions. The gases

concerned include carbon dioxide (CO2), Nitrous oxide

(N2O), Methane (CH4) and Chlorofluorocarbons (CFCs).6 This

builds up as a result of human activities especially our

5 Op cit Wikipedia Online series6 CFCs which cause depletion of stratospheric ozone are being phased out globally under Montreal Protocol. However, certain gases designed to replace CFCs contribute to climate change.

5

use of fossils in fuels through automobiles and power

plants.

There are two common types of greenhouse effect; the

"natural" greenhouse effect that keeps the Earth's

climate warm and habitable and the "man-made" greenhouse

effect, which is the enhancement of the Earth's natural

greenhouse effect by the addition of greenhouse gases

from the burning of fossil fuels (mainly petroleum, coal,

and natural gas).7 In order to understand how the

greenhouse effect operates, we need to first understand

"infrared radiation". In simply terms, infrared radiation

is the energy we sense in form of heat through invisible

light waves. Greenhouse gases reduce the rate at which

the Earth's surface loses infrared radiation to outer

space. This is because one way to increase the

temperature of anything is to reduce its rate of energy

loss to its surroundings; this makes the Earth's surface

and lower atmosphere warmer than they would otherwise be.8

7 http://www.weatherquestions.com/What_is_the_greenhouse_effect.html accessed 17th June, 20138 Ibid

6

GHGs are like blankets which absorb heat radiation that

should escape to space, thereby occasioning atmospheric

heat at a rate beyond normal. Some changes amplify

warming while others diminish it. Research is in progress

to better understand how clouds change in response to

climate warming, and how these changes affect climate

through various feedback mechanisms.9

More so, the Collins English Dictionary defines an

Environment as the external surroundings in which plants

and animals live, which tend to influence its

developments and behaviours. It could also be seen as the

sum total of all surroundings of a living organism,

including natural forces and other living things, which

provide conditions for development and growth as well as

of danger and damage.10 The types of environment we may

come across include the natural environment of the air,

water, solid wastes, noise, radiation, soil, timber,

wildlife, living space etc. and the man-made environment9 http://www.giss.nasa.gov/research/briefs/delgenio_03/ accessed 2nd October, 201410 http://www.businessdictionary.com/definition/environment.html assessed 17th June,2013

7

that deals with work environment, housing, technology,

aesthetics, transportation, utilities, settlement,

urbanization and so on. There has been an increasing

awareness in recent years that protection of the

environment is necessary for sustaining the economic and

social progress of a country, but some people are yet to

begin the walk towards acknowledging this step.

3.0 THE IMPACT OF CLIMATE CHANGE

For the purpose of this paper, a vivid ecological

indulgence of the implications of Climate Change will be

avoided so as not to get the readers confused. However,

increasing temperature (global warming) and decreasing

precipitation is the major impact of Climate Change. This

was earlier explained under the concept of Green House

effect.

Basically, climate change can be said to affect

different areas of life, such as health, water, air,

social relations, economic development, food security,

planning, poverty and governance. In the line of economic

8

development, most fiscal activities that form the

backbone of the national economies are located within the

coastal zone. Coastal areas also form the food basket of

the region thus you can also imagine its impact on food

security.

The impact of Climate Change on the Nigerian

ecosystem is evident in certain parts, such as Sahel

Savannah which has become vulnerable because of warming,

leading to water scarcity and possible risk of drought.

Human settlement and health, water resources, freshwater

ecosystem, agriculture, forestry and industry tend to be

already affected by climate change. The impact of climate

change induces new challenges to global campaign against

extreme poverty and diseases particularly in developing

countries like Nigeria.11 Energy Efficiency offers perhaps

the greatest potential to greatly reduce the amount of

polluting energy needed to achieve current and future

development targets. In short, climate change is the most

important sustainability issue facing the world today.

11 Op Cit, Yusuf Ali

9

Although, modern ways of using renewable energy has

arisen, it is difficult to effectively harness these

potentials due to the strong effect of climate change.

For example, hydropower generation is the energy source

most likely affected by climate change. This is because

of the potential for rainfall event, greater probability

of flood and less precipitation which will lead to less

hydroelectric capacity at power house. Some prominent

examples of energy source include solar energy through

photovoltaic cell, biomass (from wood and agricultural

waste) and the thermal energy from the heat of the earth.

Climate Change causes the underperformance of

investments because resulting uncertainties can be a

powerful deterrent to investment, permanently reduce

economic growth which may compromise the sustainability

and performance of economic and social infrastructural

assets.12 It equally reflects the chemical impacts from

air and landscape and their chemical transformation.12 Fagbohun, O. et al ‘Implementing an Effective Regulatory Scheme for Climate Change in Nigeria: The Role of Law’ from http://www.elri-ng.org/Implementing%20An%20Effective%20Regulatory%20Scheme.pdf accessed 17th June, 2013

10

Socially, the impact of climate change is

multidimensional; one amongst this dimension is also its

effect on food security, because Nigeria would then

experience a massive environmental refugee.13 The poor

people are the worst hit, due to loss of livelihood which

is a major trigger for population movement.

As citizens of this great country, we should all be

concerned about the climate change subject, so as to

prevent the sudden and overwhelming effect it may pose

some day. This is because it is not only affecting our

environment but also our economic development. Such

activities include the burning of fossil fuels, land use

activities (e.g. deforestation), cattle and livestock

rearing, landfills, chemical industries, cattle field

lots and agricultural soils amongst other activities that

cause the emission of GHGs. GHGs are like blankets which

absorb heat radiation that should escape to space,

13 Egbewole, W.O. et al (Ed.) ‘Law and Climate Change in Nigeria : Climate Change and Environmental Challenges in Nigeria’ by Ofoezie I.E (2011) University of Ilorin Law Journal

11

thereby occasioning atmospheric heat at a rate beyond

normal.

Four myths about Climate Change14:

Myth No 1: Energy efficiency can't meet energy needs;

energy efficiency doesn't get enough respect. "You can't

grow with energy efficiency," say fans of flashy new

power plants. This is untrue, because people don't really

care about energy, but rather about the light, heat, and

transport that it animates. Energy efficiency can provide

these services cheaper, faster, and with less

environmental damage than new generation.

Indeed, we find that many kinds of energy efficiency

offer economic returns that dwarf those of most other

development projects. In Ethiopia, for instance, a $5m

scheme to distribute compact fluorescent light bulbs

obviated the need to spend $100m to lease and fuel diesel

power plants. Vietnam, too, has met rapidly growing

demand for energy in part through efficiency investments.14 http://ieg.worldbankgroup.org/content/ieg/en/home/topics/climate.html?gclid=CJimo-il7LcCFYEc4Qod8ScAxg

12

Promoting energy efficiency right now helps defer the

need to build long-lived fossil fuel plants, buying time

for wind and solar power to become more cost-competitive.

Myth No 2: Protected areas don't help the environment.

Protected areas now cover one quarter of the remaining

tropical forest. They are intended as a bulwark against

deforestation, which accounts for about one sixth of

global greenhouse gas emissions. But some sceptics deride

them as ineffective "paper parks', defenceless against

large-scale loggers and developers. Others fear that

protected areas impoverish forest dwellers. But new

research shows that strictly protected areas do

discourage deforestation. Moreover, protected areas that

allow sustainable use by local people are even more

effective at reducing deforestation. Areas controlled by

indigenous people are yet more effective, by a wide

margin. And in Costa Rica and Thailand, protected areas

are associated with reduced local poverty.

13

Myth No 3: Carbon markets will naturally promote

renewable energy investments. Carbon markets are designed

to reward investors for reducing greenhouse gases,

nudging them away from fossil fuels and towards clean

energy investments. Projects that generate energy from

landfill gas, for instance, enjoy favourable incentives

because methane reduction commands a high price. But for

many hydropower and wind facilities, prevailing prices of

carbon have been too low to push investors' returns over

a hurdle. And payments for carbon offsets do not address

the investor's critical problem of up-front financing for

these capital-intensive projects. The result is that

carbon payments may end up providing mere icing, rather

than leverage, for private capital.

Myth No 4: Technology transfer revolves around

intellectual property rights. Developing countries need

to acquire a wide range of technologies in order to

realise their development ambitions without repeating the

environmentally damaging mistakes of the developed

14

countries. Much attention has been devoted to the role of

intellectual property rights (such as patents) in helping

and hindering technology transfer. Yet rights aren't the

only way to spread clean technology. There is tremendous

scope for using pilot and demonstration projects to speed

the diffusion of technical and institutional innovations.

For instance, a World Bank/GEF demonstration project in

Colombia convinced ranchers that retaining some tree

cover in their pasture would increase profits, leading to

enthusiastic scale-up of this innovation, which had the

side benefits of conserving biodiversity and boosting

carbon storage.

With atmospheric carbon dioxide concentrations

ticking inexorably up, with billions of dollars at stake,

we need to transcend these myths. One of the most

striking effects of flaring as an environmental effect is

the emission of green house gases into the atmosphere,

which contributes immensely to negative climatic changes

and the depletion of the ozone layer. The immediate

15

impact of such emission is the chemical reaction of SO4

and NO4 involved in emitted matter particles. This will

pose a threat of water safety to the immediate

communities who have by nature, been made neighbours of

this inhuman practice.

Many of the objectives highlighted above have still

not been recognized. For example, the industrialized

countries have not provided much help in many areas such

as effective emission reductions and stalling on

developing country commitments, or opposing the Kyoto

protocol itself.

4.0 THE RELATIONSHIP BETWEEN CLIMATE CHANGE AND THE LAW

Being the most populous black nation with

insufficient and inefficient mechanisms for checkmating

the activities of one another in the society, is a stigma

that thrives us today. Various attempts have been made,

by governments, organisations, establishments and even

private persons to encourage the protection of the

16

environment. The country unfortunately, does not have a

steady climate change policy.

Although measures have been developed and deliberated

upon to combat this menace, the application procedure

will be more enhanced where there is an established

domestic programme that can promote the understanding,

predictability and response to human induced and natural

processes of Climate Change through the conduct of

national climate assessment and furtherance of research

and science, necessary to support mitigation and

adaptation. All of this can only be achieved through

instrumentality of law.15 This is because, law sets

standard for acceptable behaviour in the society by

creating regulations, policies and measures, and

establishing agencies with the responsibility of

implementation.16

When we speak of climate change, the discourse is in

the negative since the changes we experience are the

15 Op Cit, Fagboun16 Ibid

17

least favourable. The result in the disruption of the

ecosystem, agriculture, water supply, sea level, food

production, even the popular global warming, all occur as

a result of climate change. Research has shown that air

pollutants from fossil fuel use make clouds reflect more

of the sun’s rays back into space. This leads to an

effect known as global dimming whereby less heat and

energy reaches the earth. At first, it sounds like an

ironic savoir to climate change problems.

However, it is believed that global dimming caused

the droughts in Ethiopia in the 1970s and 80s where

millions died, because the northern hemisphere oceans

were not warm enough to allow rain formation. Global

dimming is also hiding the true power of global warming.17

In recognition of the role of law, governments all over

the world, policy makers and international organisations

have used law to address the challenges of Climate

Change.

17 http://www.globalissues.org/issue/178/climate-change-and-global-warming accessed June 18th 2012

18

5.0 THE INTERNATIONAL ARRANGEMENTS

In recognition of the fact that Climate Change is not

the responsibility of any one particular person but of

all,18 the global approach pushed by the United Nations is

one in which is a concerted efforts in ensuring

sustainability for the common and greater good of

mankind.

Internationally, the Stockholm Conference on Human

Environment in 1972, acted as a catalyst for the need for

collective action on climate change. It established the

principle that the use of Earth’s resources has to be

regulated in line with the aim of maintaining development

opportunities, primarily to enhance and preserve the

human environment. In 1988, the Intergovernmental Panel

on Climate Change (IPCC) was created by the United

Nations Environment Programme (UNEP) and the World

Meteorological Organization (WMO) to assess the

scientific knowledge on global warming. Its first major

report in 1990 showed that there was broad international18 Global Problem Seldom lend themselves to unilateral fixes

19

consensus that climate change was human-induced. That

report led way to an international convention for climate

change. This became the United Nations Framework

Convention on Climate Change (UNFCCC), signed by over 150

countries at the Rio Earth Summit in 1992. (By the middle

of 2000, over 180 countries had signed and ratified

it).It includes a legally non-binding voluntary pledge

that the major industrialised/developed nations would

reduce their Green House Gases emission to 1900 levels

by the year 2000 and that all nations would undertake

voluntary action to measure, report and limit Green House

gases emissions. The Convention took effect in 1994. By

1995 negotiations had started on a protocol — an

international agreement linked to the existing treaty,

but standing on its own. This led to the Kyoto Protocol,

adopted unanimously in 1997.19 The main purposes of this

protocol was to

19 http://www.globalissues.org/article/521/un-framework-convention-on-climate-change

20

Provide mandatory targets on greenhouse-gas emissions

for the world's leading economies all of whom

accepted it at the time;

Provide flexibility in how countries meet their

targets;

Further recognize that commitments under the Protocol

would vary from country to country.20

Recently, Between December 7 and December 18, 2009,

world leaders met in Copenhagen, Denmark, for the 15th

Conference of the Parties (COP 15) to the United Nations

Framework on Climate Change and the 5th Meeting of the

Parties (COP/MOP 5) to the Kyoto Protocol. A framework

for international climate change mitigation as a

successor to the Kyoto Protocol after 2012 was to be

agreed upon there.

The document recognized that climate change is one of

the greatest challenges of the present and that actions

should be taken to keep any temperature increases to

20 Ibid

21

below 2°C. Among other commitments, the Copenhagen Accord

endorses the succession of the Kyoto protocol. There were

debates about the role of behavioural change versus

technological change, about the role of religions in

mitigation and adaptation, and about the forms of

governance most likely to deliver carbon reductions.21

6.0 LAWS GOVERNING CLIMATE CHANGE IN NIGERIA

a) The most recent legislation is the National

Environmental Standards & Regulations Agency

(Establishment) Act which became operational in 2007

and has an agency attached. Particularly, section 7

of the Act mandates the Agency to enforce compliance

with the provisions of international agreement,

protocols, conventions and treaties on the

environment. The Act also embraces management of the

ecosystem, biodiversity, conservation and the

21 Op Cit, Yusuf Ali

22

development of Nigeria’s natural resources.22 NESREA,

the agency formed by the Act also seeks to create

public awareness and provide environmental education

on sustainable environmental management, promote

private sector compliance with environmental

regulations and publish general scientific or other

data resulting from the performance of its functions.

b) The Climate Change Bill- Presently before the

National Assembly, seeks to address pertinent issues

connected with climate change and provide an

institutional and reputable framework for climate

change governance in the country. It is the legal

document, Nigeria needs at the moment to ensure

commitment to International agreements on Climate

change.

Generally, the rules that govern climate change in

Nigeria, are the environmental laws, which is that

branch of public law which contains rules and

regulation which have as their object or effect, the22Osinbanjo, Y. Some Public Law Considerations in Environmental Law (1990) Faculty of Law, University of Lagos

23

protection of the environment.23 There are other

various laws that deal with protection such as the

Land Use Act, Harmful waste Act, the Endangered

Species Act, Civil Aviation Act amongst other

regulations and policies of environmental

significance.

7.0 RECOMMENDATIONS

i. One problem that bothers our laws in Nigeria is not

making them but its implementation and enforcement;

it is advised that laws be implemented at all time

for the benefit of and to the benefit of the people.

Thus, if the laws are violated, no matter the calibre

of persons, they should be punished in accordance

with the provisions of the law on that matter. The

Minister of Environment nonetheless, stressed that

NESREA must ensure strict compliance with

environmental regulations, while enforcing all the

laws relating to the environment.24 Sharing similar23Ibid 24 http://www.businessdayonline.com/NG/index.php/analysis/features/37392-tackling-climate-change-problems-in-nigeria

24

sentiments, Mr. Ewah Eleri, the Executive Director,

International Centre for Energy and Environmental

Development (ICEED), emphasised that climate change

was generating serious threats to agricultural

production. “As millions of Nigerians are engaged in

agriculture, climate change is, perhaps, the greatest

challenge they face. Besides, climate change is a

daily challenge facing all the citizens, as it

affects our economy in many ways”, he said. Eleri

stressed that the negative impact of climate change

on agriculture could not be over-emphasised, as “42%

of our entire GDP is from agriculture”.25

ii. Domestic laws not global treaties are the way

forward to fight global warming. As earlier

mentioned, we readily adopt global treaties in a bid

to forestall the impacts of climate change, but

rather than have or subscribe to varying treaties,

laws should be made to fit our circumstances in

Nigeria. This is because, not many Nigerians pay

25 Ibid

25

attention to what is happening at the International

level. The focus should not only be on improving

understanding, but also seeking to inform the

populace about solutions for problems at local,

regional, national, and global levels.

iii. Since knowledge is Power, these laws should also

be readily available for the common man. Laws that

support green environment (greenery laws) should be

promoted. They may not be magnanimous, but should be

enforced. For example, “do not litter” and sellers

waste disposal management system can be readily

adopted. Members of the society should also be

enlightened and properly sensitized as to the

disadvantages of maintaining an unhealthy environment

and vice versa. Personal as well as general health is

very important. Speaking on climate change, the

Minister of Environment, Hajia Hadiza Mailafia, said

that the Federal Government was mindful of the

adverse consequences of the phenomenon, adding that

it was striving to sensitise the citizens to the

26

dangers of climate change.26 She said that the

ministry would soon launch a public awareness

campaign on climate change so as to educate the

people on their expectations, particularly in the

areas of adaptation and mitigation.

iv. The need for Climate Change in the educational

curriculum should be encouraged at all levels. It

should not just be an elective in tertiary

institutions. For lawyers who are expected to have an

idea about almost anything, this area should not be

ignored. Formerly, environmental health was treated

as a General course in the university, however with

the recent reshuffle by the National Universities

Commission, no course account for such details. This

step is not laudable since it neglects simple issues

of climate change.

v. Reducing Green House Gas emission is very beneficial

to health, hence efforts be made by the government to

feasibly improve environmental conditions in a bid to

26 Ibid

27

reduce the global disease burden. It should also

focus its policies on new investments in renewable

energies, clean technologies and sustainable

agriculture, ecosystem infrastructure, reduction in

Green House Gas emission from deforestation and

degradation.

vi. Evaluates the implications of particular choices

across sectors and scales so as to maximize co-

benefits, avoid unintended consequences, and

understand net effects across different areas of

decision making.

vii. NESREA should pay particular attention on some

sources of environmental pollution especially those

that cannot be handled by one individual in a court

action. Some include industrial, domestic waste,

motor vehicle gas emission, occupational activities

that contribute immensely to pollution, airport and

aircraft pollution amongst others.

viii. Focuses, where appropriate, on place-based

analyses to support decision making in specific

28

locations or regions, because the dynamics of both

human and environmental systems play out in different

ways in different places and decisions must be

context-specific

8.0 CONCLUSION.

There is scarcity of regulations dealing specifically

with the legal nature of carbon credits in Nigeria.

However, it is possible to analyze existing legal

frameworks including property laws, financial service

regulation, tax laws, insurance law and foreign

investment laws in Nigeria and elsewhere to determine how

the creation and transaction of carbon credits will be

treated in a specific transaction and the full impact of

climate change on the lives of Nigerians.

Addressing this is advantageous, both economically,

financially and fighting it through global concerted

efforts is also applauding. But we should always be

mindful of whichever agreement we succumb to. Indeed

climate change is a global issue, but no two situations

29

are ever totally the same. There may exist variations as

to which effect the change in climate has on the polity.

This is why nations and governments are expected to make

the best possible use of the different available tools.

Global warming is a divisive political issue because

the scales are tipped in favour of industrialized

countries to the detriment of developing countries.

Balancing the scale is akin to walking a knife’s edge.

Though the challenge is intricate, solving it should be

the responsibility of all.

The nation needs a comprehensive and integrative

climate change science enterprise, one that not only

contributes to our fundamental understanding of climate

change but also informs and expands Nigeria’s climate

choices.

Finally, no matter where we find ourselves, whether

with harsh law enforcement policies or not, we should

strive as much as possible to sustain Mother Nature today

and for the future.

30

31