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Section 3 of the Act establishes Nigeria’s Climate Change Council . It bestows the NCCC with the power to formulate policies and make decisions on all climate change matters in Nigeria. By implication, Mr Dahiru, who was the NCCC pioneer DG appointed by Mr Tinubu’s predecessor and who would have completed two years in office by July, would be unable to serve his four-year tenure as stipulated by the Act.
The Act provides a legal framework for achieving low Greenhouse Gas emissions and mainstreaming climate change actions into national plans and programmes. Others are mainstreaming climate change into national development plans and programmes, formulating policies and programmes for climate change planning, research, monitoring, and development, creating guidelines for assessing climate change vulnerability and adaptation and facilitating technical assistance for their implementation.
Nevertheless, the committee’s mandates overlap and conflict with the council’s functions. For instance, under section 4 of the Act, the council is empowered to collaborate with relevant ministries to develop and implement a carbon emission trading mechanism. “The terms of reference issued by the president have not helped matters either,” Mr Oyinwola said, as he questioned why the special presidential envoy is empowered to be the lead negotiator on carbon market initiatives and supervise the interface between the NCCC Secretariat and the NCCC Supervising Council, chaired by the president.
“These ministries are statutory members of the NCCC. So, what is the legal basis for a non-member of the NCCC to be the lead interface on engagement with the statutory members of the NCCC? What law empowers the president in that regard?” the lawyer argued. “Wouldn’t this lead to potential regulatory conflicts?,” he said, adding that the overlapping mandates and powers of the special envoy and the Presidential Committee with those of the NCCC raise serious legal issues.
Mr Oyinwola argued that while an Act of the National Assembly supports the NCCC, the presidential committee seems to be a political decision, a creation of the executive with potential conflict and violation of the Climate Change Act 2021.
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