TOWARDS THE IMPLEMENTATION OF THE PARIS CLIMATE CHANGE AGREEMENT 2015: OPPORTUNITIES AND CHALLENGES FOR THE NETWORK OF UNIVERSITIES LEGAL AID INSTITUTIONS (NULAI) NIGERIA

The Paris Climate Change Agreement 2015 represents a vindication of environmental multilateralism given that for the first time in the history of international climate change law, over 196 sovereign states voluntarily subscribed to be bound by a treaty for the mitigation of climate change. The Nigerian government has ratified the Paris Agreement, and subsequently undertakes in its National Determined Contributions (NDCs) to adopt some measures for the mitigation of climate change. The usefulness of the Paris Agreement 2015 in mitigating climate change in Nigeria is contingent on the actual implementation of the Agreement, including the Nigerian NDCs. The Paris Climate Change Decision 2015 recognises and, emphasises that non-party stakeholders including civil societies have some vital roles to play in the successful implementation of the Agreement. This paper examines the role that the Network of Legal Aid Institutions (NULAI) Nigeria can play in the successful implementation of the Paris Climate Change Agreement 2015 in Nigeria, in the light of the recognised role of civil societies in this context. It argues that NULAI can use the instruments of litigation, street lawyering and advocacy to catalyse the successful implementation of the Agreement in Nigeria. On the one hand, it argues that there are possible limitations to the role of NULAI. One such defect is the absence of any justiciable right emanating solely from the Paris Agreement 2015 and, Nigerian NDCs. Another limitation is the low level of awareness of the international climate change law among student law clinicians and staff within the Nigerian universities. The paper concludes by making recommendations on how to surmount the identified problems. A key recommendation is the use of human-right based approached litigation to secure the enforcement of the provisions of the Nigerian NDCs and, the establishment of climate change focused law clinics.


Introduction
Clearly, climate change is the most debilitating global environmental problem of all times. 1 'From shifting weather patterns that threaten food production, to rising sea levels that increase the risk of catastrophic flooding, the impacts of climate change are global in scope and unprecedented in scale…' 2 For Nigeria, the negative impacts of climate change are felt in the major sectors of the economy. Persistent flooding, droughts, and severe prolonged dry weather conditions have stifled agricultural friendly seasons into non-existence. 3 The implication of the latter is low agricultural productivity and, the attendant risk of hunger in Nigeria. 4 What is more, severe The Nigerian government is a signatory to the Paris Agreement 2015. 18 As such, it has communicated core actions that will precipitate the reduction of GHGs emission in the electricity, agriculture and land-use sector by 2030. 19 While the measures provided for in the Nigerian NDCs are commendable, its efficacy in mitigating climate change is contingent on its actual implementation. The Nigerian government submitted its biennial update in 2018, which shows that little has been done in implementing the proposed measures in Nigerian NDCs. 20 On the face of the biennial update, some commentators are pessimistic that the Nigerian NDCs may not be achieved by 2030. 21 It is fitting to mention that the Paris Agreement does not expressly provide for a punitive enforcement mechanism. 22 However, its provisions give rise to some political and legal tools which some authors posit will secure the successful Agreement: Interplay Between Hard, Soft and Non-Obligations' (2016) 28 Journal of Environmental Law 331, 343. 18 UNFCCC, 'Paris Agreement: Status of Ratification' (2020) <https://treaties.un.org/pages/ViewDetails. aspx?src=TREATY&mtdsg_no=XXVII-7-d&chapter=27> accessed 3 rd July 2020. See also 'Nigeria is set to implement the Paris Agreement with the Launch of Green Bonds' (January 17 th 2017) Ventures Africa; Abuja . 19 UNFCCC, 'Nigeria NDC' (2015) <www.unfccc.int/submissions/NDC/Published%20Documents/Nigeria/1/ Approved%20Nigeria's%20INDC_271115.pdf > accessed 23 February 2020. 20 UNFCCC, 'Nigeria: First Biennial Update Report' (2018) <www4.unfccc.int/sites/Submissions Staging/Nati onalReports/Documents/218354_Nigeria-BUR1-1-Nigeria%20BUR1_Final%20(2).pdf> accessed 11 th March 2020. 21 Priscilla Offiong, 'Nigeria's Biannual Update Report and Greenhouse Gas Inventory Report Provide Useful Information on the Country's Emission Levels' (2020) < www.climatescorecard.org/2019/06/nigerias-biannual-update-report-and-greenhouse-gas-inventoryreport-provide-useful-information-on-the-countrys-emission-level s/> accessed 22 nd March 2020. 22 Richard Falk, 'Voluntary International Law and, the Paris Agreement' (2016) < https://richardfalk.word press. com/2016/01/16/voluntary-international-law-and-the-parisagreement/> accessed 12 th February 2020.
implementation of the NDCs of member states including Nigeria's. 23 The tools are; a global stocktake by the conference of the parties 24 , a compliance mechanism and, a transparency framework which will generate peer pressure from appropriate quarters including civil societies. 25 While the global stocktake and compliance mechanism are powerful in their strength, the transparency framework is reputed to be 'the backbone of the Paris Agreement'. 26 The Paris Agreement provides for the establishment of a transparency framework to promote the effective implementation of its provisions. 27 A purpose of the framework is to provide an avenue for member states to share such information, necessary to track progress made in the implementation of the NDCs. 28 It is anticipated that the information provided in the transparency framework will provide the required arsenal for non-party stakeholders to propel more ambitious 23  Going by this definition, NULAI readily fits into the meaning of non-party stakeholder under the Paris Decision.
In the light of the above, this paper examines the role that NULAI can play in the successful implementation of the Paris Agreement 2015 in Nigeria, having regard to the recognised role of civil societies in this context. It will be argued that NULAI can use the instruments of litigation, engagement with relevant stakeholders and adoption of mitigation measures to catalyse the successful implementation of the Agreement in Nigeria. On the one hand, there are possible limitations to the role of NULAI in this context. One of such limitations is the absence of any justiciable right emanating solely from the Paris Agreement 2015 and, Nigerian NDCs. Another limitation is the low level of awareness of the needed climate change law among student law clinicians and staff of Nigerian universities. Thus, the paper will conclude by making recommendations on how to surmount the identified problems.
One such recommendation will be the use of human right-based approached litigation to secure the enforcement of the provisions of the Paris Agreement and, the Nigerian NDCs.
In the light of the above, the paper is sub-divided into four sections. Section one is the introduction. Section two contains a summarised analysis of the provisions of the Paris Agreement 2015 and its implementation tools. Section three contains an analysis of the role of civil societies in the implementation of the Agreement. Section four contains an analysis of the possible roles and challenges that NULAI can play in the light of the analysed role of civil societies in the Agreement.

The Paris Agreement 2015: Measures and Implementation Tools
The  technologies. 52 Secondly, it proposes that cost-efficient renewable energy solutions will drive rural electrification. 53 In furtherance to the latter, the government aims to develop Off-grid solar photovoltaic electricity options to drive rural electrification. 54 Thirdly, energy efficiency measures should be adopted widely, including in the electricity sector, to mitigate 179 million tonnes of GHGs.
Additionally, the government proposes to end the flaring of GHGs through the generation of electricity from gas sources. 55 It is proposed that the government will promote smart and sustainable agricultural practises to the extent that will mitigate the emission of 74 million tonnes of GHGs. 56 The actions are summarised in the table below: 52 Ibid, 3. This is to the extent that will reduce greenhouse gas emission by 102 million tonnes. 53 Ibid, 2. The proposed solar photovoltaic will be to the extent that will reduce the emission of GHGs in the electricity sector by 31 million tonnes. 54   compliance mechanism is not within the purview of this article, it will be summarily discussed in the light of its role in securing the enforcement of the Nigerian NDCs.
The Paris Agreement provides for the global stocktake by vesting on the conference of member states (COP), the mandate to periodically review the collective progress made in the implementation of their individual NDCs. 60 The first stocktake is scheduled to be held by 2023 and subsequently every five years. 61 There is a 'good faith expectation that Nigeria should be influenced by the outcome of such stocktake to voluntarily scale up efforts to develop the targeted off-grid solar electricity' and other mitigation measures. 62 The latter is especially in the context where the stocktake shows that collective efforts of member states are inadequate in the expectation of mitigating the temperature to well below 2 0 C. 63 However, the effect of the global stocktake in facilitating the enforcement of Nigeria's NDCs is whittled down by some other factors which have been discussed by the author in another publication. 64 One of such is that it is 'authorised to consider "collective" progress, thus insulating individual nations from any assessments of adequacy in relation to their actions'. 65 60 The Paris Agreement (n 12) Art. 14 (2). 61  A compliance mechanism comprising of 12 members is also established by the Agreement. 66 It provides that the mechanism shall be 'expert-based and facilitative in nature and function in a manner that is transparent, non-adversarial and nonpunitive.' 67 Where a member state like Nigeria is not implementing all or some part of its NDCs as proposed, the mechanism may indicate it in its overall report to the COP. 68 It is argued that in the event of such report, the other member states in the COP might exert peer pressure on the defaulting state to the extent that will nudge them to do the needful to implement their NDCs. 69 However, the strength of the compliance mechanism is whittled down by the general absence of an express provision in the Paris Agreement mandating member states to implement their NDCs. 70 Consequently, there is no legal footing for such peer pressure from other member states to generate a strong force that will compel a recalcitrant Nigerian government, for example, to implement its NDCs. 71 The final tool of implementation created by the provisions of the Paris Agreement is transparency. The Paris Agreement establishes the transparency framework to 66 The Paris Agreement (n 12) Art 15(1). 67  enhance the effective implementation of its provisions. 72 The detailed guidelines for transparency will be adopted in 2020. 73 Under the transparency framework, Nigeria is expected to provide all the necessary information to enable the tracking of progress for the implementation of the NDCs on a biennial basis. 74 Such information include the GHGs emission by sources and removals, all such progress recorded in implementing the measures outlined in the NDCs, and the flow of support from external sources. 75 Nigeria submitted its first biennial update on the implementation of the NDCs in 2018. 76 The biennial updates, including the one submitted by Nigeria is displayed in the UNFCCC public registry. 77 The updates will also inform the collective assessment of progress made in the implementation of the global stocktake. 78 More importantly, the information on progress will galvanise the activities of non-party stakeholders' particularly civil societies for the implementation of its provisions. 79 The global stocktake has already been discussed in this section. Given the focus of this paper, some of the provisions on transparency will be discussed in detail alongside the role of civil societies in the implementation of the Paris Agreement. 72 The Paris Agreement (n 12) Art 13 (1). 73 The Paris Agreement (n 12) Art 13 (13). See UNFCCC, 'Transparency of Support under the Paris Agreement' (2020) < https://unfccc.int/topics/climate-finance/workstreams/transparency-of-supportex-post/transparency-of-support-under-the-paris-agreement> accessed 3 rd March 2020. 74 Ibid, Art 13 (5). 75 Ibid, Art 13 (7). 76 UNFCCC, 'Nigeria: First Biennial Update Report' (n 20). 77 Ibid, Art 4 (9), and Art 4 (12). 78 Ibid, Art 13 (6). 79 Arunabha Ghosh and Sumit S Prasad, 'Shining the Light on Climate Action: The Role of Non-party Institutions' (2017) Fixing Climate Governance Series Paper No. 6 <www.cigionline.org /publications/shining-light-climate-action-role-non-party-institutions> accessed 22 nd February 2020.

The Role of Civil Societies in the Implementation of the Paris Agreement
The point that non-party stakeholders have a role to play in the implementation of the Paris Agreement in Nigeria has previously been made. The term 'non-party stakeholders' was defined in the Paris Decision to include civil societies. 80

NULAI: Opportunities and Challenges
The Network of University Legal Aid Institution (NULAI) is a civil society and, a conglomerate of law clinics of Nigerian Universities committed to the promotion of clinical legal education, legal aid and access to justice. 102 The term clinical legal education has been by Ojukwu as 'an experiential method of learning that enables law students to learn practice skills while in the same learning process providing legal assistance in circumstances where justice so demands'. 103 On the other hand, law clinics refer to the service hub or physical facilities that affords law students the opportunities to demonstrate and imbibe core law attributes while aiding access to justice. 104 There are currently about 43 law clinics domiciled in forty-three universities 105 and registered with NULAI. 106  As earlier mentioned, NULAI is a civil society that focuses on different spectrum of access to justice, including environmental and climatic justice. The role of NULAI in promoting access to justice is one with statutory flavour as provided for in the Legal Aid Act. 113 Access to justice is said to cover a series of activities for the promotion, enforcement and, protection of the right to a healthy environment including from anthropogenic activities that exacerbate global warming. 114 It is therefore not surprising that NULAI also covers the promotion of climatic justice as part of access 108 Ernest Ojukwu, Compenduim of Campus Based Law Clinics (NULAI 2014). 109 Ibid. 110 Ibid. 111 Peters Ifeoma, 'Role of Law Clinics in Bridging the Gap between the Less Privileged and Access to Justice in Nigeria -Uwais Abdulrahman' (2017) < https://dnllegalandstyle.com/2017/role-law-clinicsbridging-gap-less-privileged-access-justice-nigeria-uwais-abdulrahman/> accessed 3 rd July 2020. 112 Ibid. to justice. 115 Given its focus and mandate, NULAI can play crucial roles in the implementation of the Paris Agreement, including the Nigerian NDCs.
In the first instance, NULAI can get the Nigerian government to adopt more measures than they ordinarily would for the implementation of the NDCs. As climate change policies to the degree that will inform a meaningful interaction with law clinics. As such, a panacea to the low level of awareness is the creation of climate justice focused law clinics, stimulated by NULAI. For instance, in 2013, NULAI initiated a project where they mainstreamed Freedom of Information Community Education as a focal point for law clinics across Nigeria. 126 In practise, NULAI can stimulate law clinics registering with them to adopt climate justice as a sole or one of their focal points. Such a unique creation will enable the galvanisation of needed knowledge that will foster meaningful interaction with stakeholders.
What is more, the low level of awareness can also be addressed by the adoption of a top-down approach. Some members of the Board of Trustees of NULAI have already carved a niche for themselves as climate change law experts. 127 There are also some members of NULAI, who are well-grounded in the area of climate change law. 128 Thus, NULAI can leverage the expertise of its members to design a uniform guidance for meaningful engagement with the relevant stakeholders. The uniform program will be distributed across specific law clinics in Nigeria to facilitate such engagement with stakeholders. or affiliated law firms to institute such an action. 133 There are three elements that must establish concurrently for one to succeed in an action for Negligence in Nigeria. 134 The elements are: that there was a duty of care owed, that there was a breach of duty of care and, that the plaintiff suffered damages as a result. 135 The duty of care must be founded in common law or statute. 136 It is such duty of care that will give a litigant the legal right to be heard in a court of law. 137 Thus, NULAI must at least cross the first hurdle of getting the right of audience in a court of law by showing that there is a duty of care on the state to protect the environment.
Regrettably, the non-justiciability of the state's duty to guarantee a safe environment will puncture the chances of NULAI getting a right of audience in a court of law under the tort of negligence. The 1999 Constitution of Nigeria provides for the duty of a state to protect and improve the environment. 138 Thus, this section would ordinarily give rise to a duty of care on the state for the purpose of giving a litigant, the right of audience in a court of law in Nigeria. 139 Regrettably, the duty of care imposed on the state to protect and improve the environment is non-justiciable. 140 The latter provision automatically takes away the right of a litigant to be heard in a court of law in this context. 141  provided for in the constitution. 144 In Gbemre v Shell Petroleum Development Companies and Another 145 , the court held that the right to life includes the right to a healthy environment including one devoid of the adverse effects of climate change. Thus, one can anticipate a higher possibility of success of a suit by NULAI for the implementation of the NDCs if it is pursued from a right-based approach. A rightbased approach will accommodate the position that the refusal to fully implement the measures proposed in the NDCs is likely undermine an individual's right to life. 146 The latter is permissible in the light of the provisions of the Fundamental Human Rights Enforcement Procedure Order 2009 to the effect that a person can sue to enforce his fundamental human rights where an action or omission may likely infringe it. 147 like tree planting in Nigeria. 149 However, there is still room for more ambitious measures by NULAI.
Notably, such mitigation measures should be made known to relevant stakeholders at the national and international level. Mitigation measures adopted by NULAI should be communicated to the Department of Climate Change, Federal Ministry of Environment. 150 The latter would enable them to factor it in the preparation of Nigeria's Biennial Updates. In the same vein, such mitigation action needs to be registered in NSAZCA so that it can be counted at the global stocktake as part of collective measures for climate change mitigation. 151 Registering with the NSAZCA means that NULAI can also have a stronger footing to partner with other civil societies globally for the adoption of climate change mitigation initiatives.

Conclusion
This paper contains an analysis of the opportunities and challenges that the Paris Agreement 2015 provide for NULAI in the context of mitigating climate change in Nigeria. It was argued that the definition of non-party stakeholders to include civil societies provides a platform for NULAI to play dual role in the implementation of the Agreement. In the first instance, NULAI can help in facilitating the implementation of Nigerian NDCs. The latter would be through interaction with stakeholders and, the instrument of litigation. Additionally, they can adopt and implement mitigation measures in Nigeria.
It was argued that the provisions of the Paris Agreement and, the Decision allows for NULAI to interact with relevant stakeholders to galvanise more ambitious actions to achieve the implementation of the NNDCs by 2030. However, the low level of awareness of climate change policies among law faculties, including law clinicians reduces the chances of a meaningful engagement with stakeholders in this context. The establishment of climate change-focused law clinics and, the adoption of a top-down strategy were recommended as ways to surmount the problem of low awareness.
The Paris Agreement provides the foundation for NULAI to use litigation as a tool to secure the enforcement of the NDCs by 2030, possibly under the tort of negligence.
Regrettably, the possibility of such litigation is eroded by the absence of an enforceable right to a healthy environment in Nigeria. Thus, NULAI will not have a right of audience in a court of law for this purpose. On the other hand, it was argued that the use of a right-based approach might provide an appropriate avenue for NULAI to secure the implementation of Nigeria's NDCs. Given the unprecedented scale of its negative ramifications, the Government of Nigeria has indicated that it is welcoming the actions of civil societies towards the mitigation and adaptation of climate change in Nigeria. 153 This paper has outlined the various ways NULAI can help in the implementation of the Paris Agreement in Nigeria. The paper was presented in the 2 nd African Colloquim on Clinical Education 2020 organised by NULAI 154 and, it is anticipated that the analysis and recommendations in this paper will be fully implemented.