Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women
By Uju Peace Okeke, Sophia Chukwufumnaya Chima
Law and World · Vol. 11, No. 36, pp. 116-136 · 2025
Abstract
While growing scholarship has increasingly explored the gendered impact of climate change, the legal responses remain under-examined, particularly in Nigeria. Globally, climate change is a topical issue. The cause could be natural or man-made. While natural causes demand adaptation strategies, anthropogenic (man-made) ones require mitigation and accountability. Regardless of origin, it affects men and women but disproportionately burdens women and girls due to its intersection with gender inequality, human rights, and social justice. Consequently, it deepens existing inequalities and results in climate injustice. This worsens women’s gender-driven bad situation, making it a form of violence against women (VAW). Nigeria has signed agreements on climate change and human rights, which are expected to be reflected in domestic laws. The question is whether these recognize the peculiarities of women and consider climate injustice as VAW. This work examines the possibility of considering gender climate injustice as VAW and the role of courts in redressing it. It employs doctrinal research methodology from analytical, expository, and normative approaches, relying on primary and secondary sources of data. It found that the extant climate change laws are insufficient and neither gendered nor related to violence, leaving the courts to purposively connect the dots. To achieve substantive justice, it recommends that the courts must embrace the doctrine of ‘implicitly guaranteed rights’, enunciated by the African Commission on Human and Peoples’ Rights in the case of SERAC and Another v Nigeria. Nigerian courts have a critical role in ensuring climate justice by interpreting laws to bridge the gap between environmental harm and its gendered consequences.
Details
- Publication type
- Journal article
- Author
- Uju Peace Okeke - Lecturer (Public Law) University of Nigeria, Nigeria
- Sophia Chukwufumnaya Chima - Lecturer (Public law), Delta State University, Nigeria
- Journal
- Law and World
- Publication
- December 30, 2025
- Volume
- 11
- Issue
- 36
- Pages
- 116-136
- Language
- English
- DOI
- 10.36475/11.4.6
- ISSN
- 2346-7916
- Institutions
- University of Nigeria, Delta State University
- Access
- Open access
- Licence
- CC BY-SA 4.0
- Added to catalogue
- Metadata source
- Supplied by the publisher
Areas of law
Keywords
Cite this record
Okeke, U. P., & Chima, S. C. (2025). Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women. Law and World, 11(36), 116-136. https://doi.org/10.36475/11.4.6
Okeke, Uju Peace and Sophia Chukwufumnaya Chima. "Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women." Law and World 11, no. 36 (2025): 116-136. https://doi.org/10.36475/11.4.6.
@article{okeke2025_c9aq8f,
title = {Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women},
author = {Okeke, Uju Peace and Chima, Sophia Chukwufumnaya},
year = {2025},
journal = {Law and World},
volume = {11},
number = {36},
pages = {116--136},
doi = {10.36475/11.4.6},
issn = {2346-7916},
language = {en},
url = {https://lawandworld.ge/index.php/law/article/view/921},
note = {Open access}
}
TY - JOUR AU - Okeke, Uju Peace AU - Chima, Sophia Chukwufumnaya TI - Climate Justice on Trial: Role of Nigerian Courts in Connecting the Dots between Climate Change and Violence against Women PY - 2025 JO - Law and World VL - 11 IS - 36 SN - 2346-7916 DO - 10.36475/11.4.6 LA - en UR - https://lawandworld.ge/index.php/law/article/view/921 AB - While growing scholarship has increasingly explored the gendered impact of climate change, the legal responses remain under-examined, particularly in Nigeria. Globally, climate change is a topical issue. The cause could be natural or man-made. While natural causes demand adaptation strategies, anthropogenic (man-made) ones require mitigation and accountability. Regardless of origin, it affects men and women but disproportionately burdens women and girls due to its intersection with gender inequality, human rights, and social justice. Consequently, it deepens existing inequalities and results in climate injustice. This worsens women’s gender-driven bad situation, making it a form of violence against women (VAW). Nigeria has signed agreements on climate change and human rights, which are expected to be reflected in domestic laws. The question is whether these recognize the peculiarities of women and consider climate injustice as VAW. This work examines the possibility of considering gender climate injustice as VAW and the role of courts in redressing it. It employs doctrinal research methodology from analytical, expository, and normative approaches, relying on primary and secondary sources of data. It found that the extant climate change laws are insufficient and neither gendered nor related to violence, leaving the courts to purposively connect the dots. To achieve substantive justice, it recommends that the courts must embrace the doctrine of ‘implicitly guaranteed rights’, enunciated by the African Commission on Human and Peoples’ Rights in the case of SERAC and Another v Nigeria. Nigerian courts have a critical role in ensuring climate justice by interpreting laws to bridge the gap between environmental harm and its gendered consequences. KW - Climate change KW - climate injustice KW - human rights KW - courts KW - violence against women KW - კლიმატის ცვლილება KW - კლიმატური უსამართლობა KW - ადამიანის უფლებები KW - სასამართლოები KW - ქალთა მიმართ ძალადობა SP - 116 EP - 136 ER -
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