Lagos Okays Nature-Based Solution to Climate Change Challenges

The Lagos State government has recently advocated for the urgent adoption of nature-based solutions (NBS) to address pervasive climate change challenges and safeguard the future of its burgeoning urban population. This call underscores a critical shift towards integrating ecological principles into urban development and climate resilience strategies. This article examines the existing legal and policy frameworks in Nigeria and Lagos State that support or could facilitate the implementation of NBS, including the Climate Change Act 2021, the Lagos State Environmental Management and Protection Law 2017, and various urban planning regulations. It further explores the practical implications for legal practitioners, highlighting opportunities and challenges in navigating this evolving landscape, particularly concerning land use, environmental compliance, and sustainable development financing.

Lagos, a megacity grappling with the multifaceted impacts of climate change, including coastal erosion, flooding, and urban heat island effects, has recently championed the urgent adoption of nature-based solutions (NBS). This pronouncement by the Lagos State government signals a strategic pivot towards leveraging ecological processes and natural systems to build resilience and mitigate climate risks within its densely populated urban landscape. The call for NBS is not merely an environmental aspiration but a recognition of the imperative to integrate sustainable practices into the core of urban planning and governance to ensure long-term habitability and economic stability.

This development holds significant implications for legal professionals, requiring a nuanced understanding of how existing environmental, planning, and climate change legislation can accommodate and promote NBS. The integration of natural infrastructure, such as wetlands, green spaces, and sustainable water management systems, into urban development projects necessitates a re-evaluation of regulatory frameworks, property rights, and investment mechanisms. This article will delve into the relevant legal instruments at both federal and state levels, analyze their potential to support NBS implementation, identify gaps and challenges, and offer insights into the practical considerations for legal practitioners operating in this evolving area of environmental law and sustainable development.

Nigeria's commitment to addressing climate change is anchored in a multi-layered legal and policy framework. At the federal level, the Climate Change Act 2021 stands as a landmark piece of legislation, providing an overarching legal framework for the country to achieve its climate goals, including a net-zero emissions target between 2050 and 2070. Significantly, the Act explicitly mandates the National Council on Climate Change to encourage and endorse nature-based solutions to decrease greenhouse gas emissions and address climate change challenges in Nigeria. This national legislation is complemented by the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007, which establishes NESREA as the primary agency responsible for the protection and development of the environment, biodiversity conservation, and sustainable development of Nigeria's natural resources.

Further foundational legislation includes the Environmental Impact Assessment (EIA) Act of 1992, which mandates that all major development projects undergo an environmental impact assessment before approval, ensuring that potential environmental impacts are identified and mitigated. This Act aims to integrate environmental considerations into project planning and decision-making processes. At the state level, Lagos State has its own robust framework, notably the Lagos State Environmental Management and Protection Law 2017, which consolidates laws relating to environmental management, protection, and sustainable development within the state. The state has also developed a five-year Climate Action Plan (CAP) launched in 2020, which prioritizes actions towards zero-carbon development goals across various sectors, including waste, transport, energy, and climate adaptation and resilience. These instruments collectively form the legal bedrock upon which the adoption and implementation of nature-based solutions can be built.

The integration of nature-based solutions into Nigeria's and Lagos State's climate change strategies presents both opportunities and challenges within the existing legal framework. The Climate Change Act 2021 provides a clear statutory basis for NBS, particularly through its emphasis on reducing emissions from deforestation and forest degradation (REDD+) and the establishment of a registry for forestry activities. This aligns with Nigeria's Nationally Determined Contributions (NDCs) under the Paris Agreement, which include commitments to reduce greenhouse gas emissions. However, the effectiveness of these provisions hinges on robust regulatory instruments and enforcement mechanisms to translate policy into tangible projects. While the Act provides a framework, specific regulations detailing the implementation, monitoring, and financing of diverse NBS projects are still evolving.

The Lagos State Environmental Management and Protection Law 2017, alongside the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, offers avenues for integrating NBS into urban planning and development control. For instance, provisions related to land use planning, building permits, and environmental impact assessments can be leveraged to mandate green infrastructure, protect natural ecosystems, and promote sustainable drainage systems. However, challenges such as weak enforcement, institutional fragmentation, and limited technical capacity within regulatory bodies can impede effective implementation. The Lagos State Climate Action Plan and the Lagos State Climate Change Adaptation Strategy further articulate specific goals for resilient ecosystems and flood-proof infrastructure, providing a policy direction that can be supported by legal instruments.

Nigerian jurisprudence has shown a growing willingness to enforce environmental rights, which can indirectly support NBS. Cases like *Gbemre v. Shell Petroleum Development Company Nigeria Ltd* and *Centre for Oil Pollution Watch (COPW) Vs NNPC* demonstrate the courts' recognition of the constitutional right to a clean and healthy environment, implicitly including the protection of natural systems. These judgments, particularly the Supreme Court's expansion of *locus standi* in environmental matters, create a pathway for public interest litigation to compel compliance with environmental laws and promote actions consistent with NBS principles. Nevertheless, the direct application of these precedents to compel specific NBS projects remains largely unexplored, highlighting a potential area for future legal advocacy.

Furthermore, the successful implementation of NBS requires addressing issues of land tenure, property rights, and community engagement. Many NBS projects, such as reforestation or wetland restoration, require significant land areas and the cooperation of local communities. The Land Use Act, while providing a framework for land administration, may need to be harmonized with climate change objectives to facilitate the acquisition and management of land for NBS. Incentives for private sector participation, such as carbon credit markets and green bonds, are crucial for unlocking necessary funding, as highlighted in Nigeria's Article 6 Paris Agreement National Framework. The Climate Change Act 2021 empowers the National Council on Climate Change to coordinate climate change activities, issue regulations, and oversee market operations, which could include developing a robust framework for NBS financing.

The Lagos State government's emphasis on nature-based solutions marks a progressive step towards building climate resilience and fostering sustainable urban development in Nigeria's most populous city. For legal practitioners, this presents a dynamic and expanding area of practice. Opportunities abound in advising clients on environmental compliance, securing necessary permits for green infrastructure projects, structuring sustainable finance mechanisms, and navigating land use regulations to integrate NBS effectively. Lawyers will be instrumental in drafting contracts for public-private partnerships in green projects, ensuring adherence to environmental standards, and potentially engaging in climate litigation to enforce environmental rights and compel climate action.

Practitioners should closely monitor the development of specific regulations and guidelines emanating from the National Council on Climate Change and the Lagos State Ministry of the Environment and Water Resources, particularly those pertaining to NBS implementation, carbon markets, and environmental impact assessments. The harmonization of federal and state environmental laws with the Climate Change Act 2021 is crucial for clarity and effective enforcement. As Lagos continues to urbanize, the legal community has a vital role to play in shaping a regulatory environment that not only mitigates climate risks but also champions the ecological restoration and sustainable management of natural assets for the benefit of present and future generations.