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Environmental, Social, and Governance (ESG) Litigation: A Global Overview of Recent Trends

INTRODUCTION

Individuals, communities, civil society organisations, and even governments around the world have increasingly turned to litigation to demand accountability in the fight against greenhouse gas emissions and to compel governments and corporations to fulfil their legal obligations towards the environment. This rapidly growing field of legal action, commonly known as climate change litigation, is now acknowledged as a central component of broader ESG (environmental, social, and governance) litigation, shaping how law, policy, and corporate responsibility intersect in the face of climate risk. By mid-2025, over 3,099 climate change-related cases have been brought in 55 nations spanning 24 international or regional jurisdictions, according to the United Nations Environment Programme, demonstrating a rise in legal activity in the battle against climate change.[1]

In Nigeria, environmental litigation has been a crucial tool for securing justice in the fight against environmental degradation, particularly in the Niger Delta’s oil and gas industry. Although the country has relatively few formal climate change lawsuits listed in international climate litigation databases, cases like HEDA Resource Centre v. Shell Petroleum Development Company[2] and Centre for Oil Pollution Watch v. NNPC[3] show that citizens and civil society organisations are prepared to hold those accountable for environmental degradation.[4] Environmental litigation in Nigeria is seen as a new but important method of enforcing corporate responsibility and environmental justice. For example, Nigerian courts have heard numerous cases concerning gas flaring, pollution, and violations of statutory environmental restrictions. This suggests a growing trend of judicial activism aimed at striking a balance between environmental preservation and economic progress.[5]

There is a noticeable increase in climate change litigation worldwide. Courts in North America and Europe have recently been asked to take into account not only conventional environmental issues, but also the results of human rights law and climate science. These cases frequently involve complex evidence systems linking past carbon emissions to environmental impacts, and they push courts to interpret legal obligations that were once thought to be the domain of policymakers rather than judges.[6]

 

GLOBAL PATTERNS: HOW CLIMATE CASES ARE EVOLVING

ESG has evolved from other historical movements focused on health and safety, pollution reduction, and corporate philanthropy. It has changed how capital allocation decisions are made by many of the largest financial services firms and asset managers worldwide. The number and complexity of climate change lawsuits are increasing globally. By the middle of 2025, over 3,099 climate-related lawsuits had been filed globally in 55 jurisdictions, according to the United Nations Environment Programme. Compared with the number of lawsuits about climate change brought just ten years ago, this is a notable increase.[7] There is a noticeable rise in climate change-related cases from emerging economies and developing regions, though the majority are still concentrated in a small number of countries, such as the US, Australia, and numerous European countries. Nearly 60% of the 260 climate change-related lawsuits filed in the Global South by the end of 2024 were new, demonstrating the growing prevalence of climate change litigation in regions such as South America, Africa, and Asia.[8]

This worldwide distribution demonstrates both the uneven geographic dispersion of climate lawsuits and their increasing trend. The growing effects of climate change worldwide are motivating people everywhere to take up the cause in the legal system, even as nations with highly developed, structured legal systems and robust civil societies are leading the way in the number of cases filed.[9] Thus, potential liability may arise when ESG disclosures are false, misleading or cannot be substantiated, causing financial harm to an investor or community.

The practice of taking legal action over climate change has been on the rise in national courts worldwide, with the majority of cases being brought as human rights claims. Such cases concern themes such as climate rights, domestic enforcement, keeping fossil fuels in the ground, corporate accountability and responsibility, failure to adapt and the implications of adaptation, and climate disclosures and greenwashing.

Climate change litigation is thus a vital tool towards sustainability. In addition, human rights have emerged as a key theme under ESG litigation. It has been correctly asserted that companies can face liability for human rights violations committed abroad by entities in their supply chain. In addition, it has been observed that the focus on supply chains has brought much greater scrutiny to the working conditions of those in the supply chain.[10]

 

LANDMARK CLIMATE CHANGE CASES SHAPING GLOBAL JURISPRUDENCE

One of the most important developments in the recent history of climate change litigation occurred in the year 2024, when the European Court of Human Rights ruled in the case of Verein KlimaSeniorinnen Schweiz v. Switzerland,[11] that the Swiss government had violated the rights of its citizens by failing to address the issue of climate change adequately. This case is a historic ruling for several reasons, chief among them being that it was the first time in the history of international adjudication that an international court directly linked a state’s inability to develop and implement a climate change policy to a violation of its citizens’ rights under the regional human rights convention.[12]

Another well-known example is the long-running lawsuit that Peruvian farmer Saúl Luciano Lliuya filed against German energy firm RWE, which has drawn worldwide attention. According to Lliuya, RWE’s past greenhouse gas emissions contributed to the melting of Andean glaciers, raising the risk of flooding in the area around his community. The lawsuit set a new precedent by characterising corporate contributions to climate change as potentially actionable in civil courts, even though a German appellate court rejected his claim in 2025 because he could not properly attribute a particular injury to the firm.[13]

Several governments around the Atlantic are using similar litigation tactics. One prominent example is California v. Big Oil,[14] a major climate litigation case brought by the State of California that accuses many oil-producing behemoths of misleading the public about the dangers of fossil fuels. Although the lawsuit is still pending, it illustrates how state and subnational actors are using litigation tactics to hold large organisations accountable for their climate risks.[15] The variety of climate litigation worldwide continues to expand, as evidenced by recent cases. In Greenpeace v. Eni,[16] for example, climate advocacy organisations in Italy accused an Italian energy corporation of failing to take responsibility for its carbon dioxide emissions into the atmosphere. Because it is the first of its kind involving many international energy companies in a civil court outside of common law states, the case is regarded as historic.[17]

International climate change litigation is also developing at the highest levels of international law, alongside individual lawsuits. The International Court of Justice (ICJ) declared that nations have a legal duty to combat climate change and safeguard present and future generations in an advisory opinion on climate litigation released in July 2025. Advisory opinions reinforce the legal consensus on nations’ obligations and convey powerful messages to domestic courts considering climate matters, even though they are not legally enforceable.[18]

 

CLIMATE LITIGATION TRENDS IN NIGERIA

Although Nigeria currently has a very small number of officially documented climate change cases compared to global data, the country’s general history of environmental litigation is useful for understanding the potential of climate change-related litigation in Africa more broadly. A few cases involving environmental harm and corporate liability have been filed, according to the Climate Litigation Database. These include the HEDA Resource Centre v. Shell Petroleum Development Company case, which is still pending in 2025, as well as earlier cases like Centre for Oil Pollution Watch v. NNPC.[19]

These cases demonstrate how Nigerian residents, communities, and non-governmental organisations are using the country’s courts to pursue justice for environmental damage caused by industrial pollution. Though these cases may not be strictly climate litigation in the global context, they do share legal and ethical principles with climate litigation, such as adherence to statutory requirements, protection of human health, and making corporations accountable for wider societal impacts.[20]

The Environmental Impact Assessment Act, which requires thorough environmental studies for projects likely to have an environmental impact, is one of the main regulatory frameworks that underpin environmental litigation in Nigeria. The primary regulatory organisation responsible for environmental protection is established by the National Environmental Standards and Regulations Enforcement Agency Act, and the illegal dumping of hazardous waste is prohibited by the Harmful Waste Special Criminal Provisions Act. Additionally, operators in the oil and gas sector are subject to stringent environmental obligations due to industry-specific regulations, including the Petroleum Industry Act 2021 and the National Oil Spill Detection and Response Agency Act.[21]

Despite this legislative framework, court interpretation and implementation of environmental laws have remained inconsistent over time. The Federal High Court’s 2005 ruling in Gbemre and Others v. Shell Petroleum Development Corporation and Others,[22] which held that gas flaring in the Niger Delta violated the applicants’ rights to life and dignity under the Constitution[23] and Article 4 of the African Charter marked a significant turning point. The court held that environmental deterioration that endangers human well-being constitutes a breach of the right to life and upheld the inseparability of environmental rights from human rights. This ruling was a major step toward Nigeria’s constitutional recognition of environmental protection.

However, this progressive stance was later challenged in Opara v. Shell.[24] In 2014, the Court of Appeal took a more conservative position, refusing to apply constitutional protections to environmental harm. The court rejected a more expansive view that linked pollution to basic rights, insisting that only direct personal injury could support such claims. A similar position was adopted in the 2019 case of Ajanaku v. Shell,[25] wherein the court rejected Gbemre’s case, stressing stringent causality requirements and restricting the use of basic rights in environmental issues.[26]

Amid these inconsistencies, a significant development occurred in 2019 when the Supreme Court delivered its judgment in Centre for Oil Pollution Watch v. NNPC.[27] The court expanded the scope of locus standi, enabling civil society organisations to launch environmental initiatives in the public interest. It also issued three significant pronouncements. First, as pollution directly jeopardises human survival, protection from environmental harm is included in the right to life under Section 33 of the Constitution. Second, although it is part of Chapter II, Section 20 of the Constitution may be enforced when considered in conjunction with provisions about fundamental rights. Third, Nigerian courts have direct jurisdiction over Article 24 of the African Charter, which protects the right to a satisfactory environment.[28]

A further milestone was reached in Chief Isaac Obor Ntito Torchi and Others v. Shell Petroleum Development Company and Others,[29] where the Federal High Court made a significant decision by ruling that claims based on Article 24 of the African Charter and Sections 20 and 33 of the Constitution are justiciable in environmental matters. To compensate impacted communities for health risks, economic losses, and abuses of dignity brought on by oil pollution, the court awarded ₦800 billion in damages, the highest environmental compensation ever awarded in Nigeria. This landmark decision demonstrated a growing judicial willingness to recognise environmental degradation as a constitutional wrong and a violation of both national and international human rights obligations.

This rights-based approach was further reinforced in Mobil Producing Nigeria Unlimited v. Ajanaku and Another.[30] The Court of Appeal adopted a progressive view of environmental rights even though it reversed the lower court’s ruling on procedural grounds. Justice Ogbuinya stressed that without access to a secure and clean environment, including clean water, air, land, woods, and wildlife, one cannot truly enjoy the right to life. The court reinforced the notion that environmental degradation constitutes a breach of fundamental rights, citing COPW v. NNPC,[31] which highlighted the intimate connection between environmental protection and the right to life.[32]

Despite these advancements, environmental litigation in Nigeria continues to face significant challenges. A more rights-centred judicial approach is evident in cases such as Gbemre, Ajanaku, Torchi, and COPW, but previous and even some recent rulings have remained purely technical. Affected communities and public-interest litigants are frequently at a disadvantage because many courts still require rigorous proof of direct personal injury or clear scientific causation. The heavy burden of proof and financial limitations further restrict vulnerable claimants’ access to justice.[33]

Because of these domestic challenges, many Nigerian communities are now seeking justice in international courts. This shift is clearly reflected in the 2021 decision in Okpabi v Royal Dutch Shell.[34] In which the UK Supreme Court ruled that Nigerian plaintiffs could file a claim against Shell’s parent corporation in the United Kingdom. The court reasoned that because the parent company exercised such control over its Nigerian subsidiary, it might have a duty of care to the affected communities. This decision increased the likelihood of holding multinational firms accountable for environmental damage outside of their home nations and represented a significant development in transnational environmental accountability.[35]

While Nigerian domestic environmental litigation has made significant strides, climate change litigation in the rest of Africa remains very low compared to other continents. Nonetheless, populations in climate-vulnerable areas, such as coastal regions and oil-producing zones, are increasingly interested in pursuing climate-related legal action to seek compensation for environmental harm caused by global climate change.[36] In this regard, legal academics have emphasised the social and human rights aspects of climate-related environmental harm, citing environmental deterioration in the Oloibiri region as a potential basis for future climate-focused litigation in Nigeria.[37]

 

CROSS-BORDER AND TRANSNATIONAL CLIMATE CLAIMS

National borders do not limit climate litigation. In the last few months, citizens from the Philippines have filed climate lawsuits against Shell in London courts, claiming that the company’s greenhouse gas emissions contributed significantly to the intensified effects of the 2021 typhoon. Globally, this kind of climate litigation is becoming increasingly popular.[38]

Another emerging example comes from Switzerland, where a court upheld a climate case brought by residents of an Indonesian island against the Swiss cement manufacturer Holcim. The island’s residents have expressed dissatisfaction with the frequent floods caused by rising sea levels driven by greenhouse gas emissions from the massive cement manufacturer’s factories. This lawsuit is thought to set a potential precedent for climate litigation in European civil systems against major multinational firms.[39]

 

KEY FEATURES OF CONTEMPORARY CLIMATE LITIGATION

One of the most notable aspects of climate change litigation globally is the strategic nature of the cases filed. Many cases try to push governments and corporations to enact more aggressive climate policies or to strictly enforce current legal duties, rather than merely seeking compensation for individual harm. Courts are compelled to consider complex interconnections among law, policy, science, and justice as a result of this strategic litigation, which frequently involves constitutional rights, international agreements like the Paris Agreement, and scientific evidence connecting emissions to observed environmental harms.[40]

The use of scientific evidence in legal proceedings is another trend noted. Climate attribution science, which employs models and data to quantify how individual emissions contribute to specific impacts, such as rising sea levels, extreme weather, or glacier melt, is becoming increasingly important in cutting-edge climate issues. This scientific foundation strengthens legal arguments by connecting abstract global phenomena to concrete consequences experienced by plaintiffs.[41]

Climate change litigation cases also often overlap with human rights law. The Verein KlimaSeniorinnen Schweiz[42]  case, which was brought before the European Court of Human Rights, illustrates how the human rights to life, health, and security can be invoked in determining whether a state’s climate change strategy is lawful. Allegations have been made in numerous jurisdictions, where it has been maintained that insufficient efforts to mitigate the risks posed by climate change have led to violations of fundamental human rights, which ought to be dealt with through the legal system.[43]

 

CLIMATE CHANGE AS A SOCIAL AND HUMAN RIGHTS ISSUE

One of the most notable developments in the evolution of climate change litigation has been the way courts and claimants are increasingly framing climate harm not only as environmental damage but also as a violation of fundamental human rights. This strategy reflects an increasing awareness that people are not equally affected by climate change, with populations that have contributed the least to global emissions frequently bearing the brunt of its effects. A solid legal basis for rights-based climate claims is provided by the United Nations Office of the High Commissioner for Human Rights’ repeated affirmation that rights to life, health, housing, food, water, and a sufficient standard of living are all threatened by climate change.[44] This framing has gained support in courts because human rights arguments allow judges to evaluate governmental and business commitments through well-established legal concepts, rather than treating climate change as a purely political or economic problem. As a result, courts are increasingly inclined to consider whether governments have fulfilled their duty of care to safeguard individuals from foreseeable climatic hazards. Although this strategy has had a particularly significant impact in Europe, it is now starting to influence litigation tactics in the Global South.[45]

Due to its unequivocal declaration that inaction on climate change constitutes a violation of human rights, the European Court of Human Rights’ decision in the Verein KlimaSeniorinnen Schweiz v. Switzerland (supra) has been recognised as a significant turning point in the history of climate litigation. Legal experts have observed that litigants are using human rights law to demand greater action against climate change, and the decision in this case is already being cited in lawsuits in other European countries and beyond.[46]

 

SOCIAL DIMENSIONS OF CLIMATE LITIGATION IN AFRICA

Environmental deterioration, social inequality, and economic reliance on extractive sectors have been linked to the social dimensions of climate litigation in Africa. Legal experts note that African communities face distinct climate change-related challenges, which are often exacerbated by other issues such as pollution, land confiscation, and lax enforcement of environmental regulations. Since climate change tends to exacerbate other concerns that have already produced social and economic challenges, it has been noted that rights-based litigation is a significant part of the African experience.[47]

Nigeria is among the African nations where the number of lawsuits related to pollution and environmental damage has increased. It has been observed that the Niger Delta region has been experiencing environmental degradation and pollution for several decades. Even though many of the Niger Delta region’s pollution and environmental degradation cases have nothing to do with climate change, they have established corporate responsibility and state accountability principles that will pave the way for future climate-related claims.[48]

Recent legal commentary from Nigeria indicates that climate change litigation could increasingly draw on constitutional law, particularly the right to dignity of the human person and the directive principles of environmental protection set out in Section 20 of the Nigerian Constitution. Courts have been more open to interpreting the Constitution and other international treaties on the environment and human rights to deliver substantive justice, even if Section 20 of the Constitution is not immediately justiciable.

With respect to climate change litigation across the African continent, cases have been few but are increasingly prominent. According to a 2025 review of climate cases in Africa, the majority of claims centre on land rights, access to natural resources, and environmental preservation rather than on emissions-reduction goals. However, the authors noted that as awareness increases and courts gain greater knowledge of climate science and international climate legislation, there is a steady shift toward explicit climate arguments.[49]

 

CORPORATE ACCOUNTABILITY AND THE SOCIAL PILLAR OF ESG LITIGATION

In addition to the role of states, businesses are increasingly being targeted in ESG litigation because of their involvement in climate harm and the social effects of their commercial operations. ESG litigation in climate cases has concentrated on companies’ continuous operations with predictable environmental effects, their failure to disclose climate change risks, and misrepresentation of their environmental impact. Given their effects on communities, labour, and indigenous peoples, these lawsuits undoubtedly have important ramifications for the social pillar of ESG litigation.[50]

Oil spills and gas flaring have historically been the main topics of corporate responsibility litigation in Nigeria. Still, legal experts predict that future lawsuits will increasingly include claims related to climate change, especially where there are concerns about flooding, erosion, and agricultural losses. For example, as part of a broader pattern of climate-related harm linked to the exploitation and use of fossil fuels, coastal communities affected by storm surges and sea-level rise may pursue legal action.[51]

Similar dynamics are occurring on a global scale. Communities and civil society organisations in Europe have brought several lawsuits against multinational energy firms, arguing that their business practices relating to climate change is incompatible with scientific methods for reducing global warming. These lawsuits are brought because inadequate emission reductions violate social and human rights norms by putting communities at risk of the effects of climate change.[52]

 

TRANSNATIONAL CLIMATE LITIGATION AND GLOBAL INEQUALITY

The growing global nature of ESG litigation is one of its distinguishing characteristics. In the courts of high-emitting governments, claimants from climate-vulnerable nations contend that multinational firms headquartered in the Global North should be held responsible for the effects of climate change in the Global South. These cases often highlight issues of global inequality as a dimension of climate litigation.

A prime example of this trend is the lawsuit brought by citizens of an Indonesian island against the Swiss cement manufacturer Holcim. Despite significant procedural and evidentiary obstacles, legal experts note that these cases are transforming the discourse on climate justice and corporate accountability. Even when claims are unsuccessful on the merits, they can still have an impact on corporations and the government by “raising awareness of the social costs of inaction”.[53]

ESG LITIGATION: OPPORTUNITIES AND CHALLENGES

It has been correctly observed that companies have historically viewed sustainability performance and statements as voluntary undertakings, largely devoid of legal or market risk.[54] As a result, management and oversight of a company’s ESG and other sustainability issues, including Corporate Social Responsibility CSR programmes and reports, often operated free from legal department oversight or interference.[55] However, in recent years, a proliferation of voluntary frameworks has put growing pressure on companies to adopt and report on rapidly evolving ESG standards.[56] The growth of mandatory disclosure requirements on sustainability issues, including ESG factors, has led to an increase in ESG-related litigation, in which plaintiffs have pursued, with growing success, legal challenges to companies’ claims and disclosures related to ESG performance. It has been noted that ESG-related legal and regulatory developments are evolving from soft law recommendations to hard law obligations across multiple jurisdictions.[57] As a result, there is increasing liability and risk associated with ESG factors, which often results in disputes. It has been observed that ESG disputes continue to rise globally, often as a tool to push organisations to engage with the net zero transition with greater ambition, to improve their ESG performance (including in relation to human rights), and to challenge how ESG issues are being addressed. ESG-related legal actions can either involve claims challenging the veracity of ESG statements based largely on a company’s ESG conduct or suits directly contesting the propriety of company activities and performance. The first category primarily concerns ESG disclosure and reporting standards, and such suits are primarily concerned with ESG misstatements and omissions. The second category concerns a company’s performance on various ESG tenets, and such suits can involve allegations of impacts or misconduct related to climate and human rights.

ESG litigation is also widely embraced through suits directly contesting the propriety of a company’s activities and performance.[58] It has been pointed out that such claims can take the form of private law claims seeking monetary compensation (damages);[59] private/public law claims seeking to change companies’ behaviour and/or bring about alternative outcomes such as compliance with ESG tenets; and public law claims directed at administrative decision-making, for instance, judicial review cases on ESG. In this category, there has been growth in ESG suits on issues such as climate change. It has been observed that as governments increasingly implement net-zero carbon targets and companies establish their own carbon-neutral or carbon-negative pledges, climate change-related disputes are growing worldwide. Such disputes focus on issues such as infrastructure projects and whether they are aligned with the Paris Agreement, companies’ contributions to climate change, and commercial disputes arising from climate change events, such as insurance claims and potential force majeure claims. It has been asserted that the practice of taking legal action over climate change has been on the rise in national courts worldwide, with the majority of cases being brought as human rights claims. Such cases concern themes such as climate rights, domestic enforcement, keeping fossil fuels in the ground, corporate accountability and responsibility, failure to adapt and the implications of adaptation, and climate disclosures and greenwashing. Climate litigation is thus a vital tool towards sustainability.

ESG litigation is therefore an essential tool aimed at fostering sustainability. Despite its efficacy, several hurdles may be experienced in ESG litigation. For example, in the field of climate litigation, some of the key challenges that may be experienced include determining whether or not the court has the jurisdiction to settle a dispute; locating the origin of an enforceable climate-related right or obligation; formulating a remedy that will lessen the plaintiffs’ injuries; and marshalling the science of climate attribution. In addition, challenges may arise in quantifying damages in ESG litigation. It is imperative to navigate these challenges, among others, to navigate the ESG litigation landscape effectively.

 

IMPLICATIONS FOR GOVERNMENTS, CORPORATIONS, AND INVESTORS

Significantly, governments, businesses, and investors are all affected by the explosive rise in climate-related ESG litigation. First and foremost, the government stands to gain from the successful litigation, which may result in stronger restrictions, changes to climate change policies, and quicker measures to cut greenhouse gas emissions. According to the UN Environment Program, courts in several jurisdictions have previously mandated that governments either improve the implementation of existing laws or establish more aggressive climate targets.[60]

For corporations, climate litigation represents a growing source of legal, financial, and reputational risk. Businesses operating in high-emission industries or climate-vulnerable areas need to consider how their operations may expose them to future claims from investors, communities, NGOs, and authorities. Legal experts note that credible transition plans and effective climate governance and disclosure are becoming crucial instruments for managing litigation risk.[61]

Additionally, investors are keeping a close eye on developments and trends in this field as they become more aware of the consequences of climate-related ESG lawsuits. Litigation may affect asset values, disrupt operations, and signal more significant changes in regulations or policies. Because of this, many institutional investors are increasingly watching climate litigation as a sign of a company’s resilience and long-term risk.[62]

 

LOOKING AHEAD: THE FUTURE OF ESG AND CLIMATE LITIGATION

Looking forward, the majority of analysts anticipate that the scope and complexity of climate-related ESG lawsuits will continue to expand. Indeed, new kinds of claims and legal arguments are expected to arise as climate research advances and public knowledge of the problem rises. However, it is also likely that courts will still have to address challenging issues such as proportionate culpability, causation, and the proper role of courts in climate policy.

The future of climate litigation in Africa, and Nigeria specifically, is likely to depend on several factors, including judicial capacity, access to justice, and the creation of appropriate enabling legal frameworks. There will likely be increased pressure on courts to take a more active role in addressing the environmental and social harms associated with climate change as its effects worsen across the continent. One practical strategy to promote climate justice in the area, according to academics, is to include climate arguments in current environmental and human rights litigation.[63]

In addition, to manage the risk and liability associated with ESG litigation, companies must strengthen their ESG reporting and disclosure practices.[64]

Finally, companies must think creatively and strategically to resolve ESG claims effectively. It has been pointed out that ESG claims may differ significantly from other types of litigation companies have previously faced, hence the need for creative solutions to these claims. For example, in ESG claims, it is necessary to bear in mind both the litigation aspects of a dispute and broader ESG concerns, including those around reputation and access to capital. As a result, it has been suggested that companies need to be alive to the potential for resolving ESG claims outside the courtroom and to the mitigation strategies that could be deployed to avoid litigation. It has been argued that Alternative Dispute Resolution (ADR) mechanisms can be ideal for managing ESG disputes by fostering privacy, cost-effectiveness, and expeditious dispute management while also allowing parties to select experts to hear and determine contentious ESG matters.

 

CONCLUSION

Climate change litigation and ESG litigation have solidified their positions as important aspects of the international legal scene. What used to be a limited handful of experimental cases has grown into a potent tool for holding corporations and governments accountable for their contributions to social inequality and climate change. Through ESG litigation, claims can be filed challenging the veracity of ESG statements based largely on a company’s ESG conduct. In addition, suits can be filed directly to contest the propriety of a company’s activities and performance. By recognising climate change as a crucial environmental and human rights concern, courts worldwide are reshaping expectations of accountability, governance, and corporate conduct. Despite its efficacy, the landscape of ESG litigation faces challenges such as jurisdictional issues, quantifying damages, and access to justice. It is imperative to address such concerns to strengthen the enforcement of ESG standards. This calls for strengthening ESG disclosure and reporting standards, adopting best practices to mitigate ESG litigation risks, expanding access to justice in ESG matters, and embracing ADR mechanisms to manage ESG claims. Fostering ESG litigation as a tool for sustainability remains an important objective. For Nigeria, Africa, and the world at large, the rise of climate litigation presents both opportunities and challenges. While it requires states and corporations to adjust to a legal context in which climate inaction carries real consequences, it also provides disadvantaged people with a means to seek justice and influence policy. As the risks of climate change continue to rise, ESG litigation is expected to play a significant role in the global effort to mitigate its effects and preserve the social fabric on which sustainable development depends.

 

[1] UN Environment Programme, “Over 3,000 climate litigation cases are reshaping global climate policy today” <https://www.unep.org/news-and-stories/press-release/over-3000-climate-litigation-cases-are-reshaping-global-climate?utm_source=chatgpt.com> accessed January 24 2026.

[2] Unreported Suit No. FHC/L/CS/651/2025).

[3] (2019) 5 NWLR [Pt. 1666] 518

[4] “Climate Litigation Database” <https://www.climatecasechart.com/geographies/nigeria?utm> accessed January 24 2026.

[5] Nzube Akunne., “Environmental Litigation In Nigeria: Trends, Challenges, And Judicial Activism”  <https://www.mondaq.com/nigeria/environmental-law/1664660/environmental-litigation-in-nigeria-trends-challenges-and-judicial-activism?utm_> accessed January 26 2026.

[6] “Global Trends In Climate Change Litigation: 2025 Snapshot” <https://www.lse.ac.uk/granthaminstitute/wp-content/uploads/2025/06/Global-Trends-in-Climate-Change-Litigation-2025-Snapshot.pdf?utm_> accessed January 27 2026.

[7] Ibid note 1

[8] Ibid note 4

[9] UN Environment Programme, “Climate Change in the Courtroom” <https://www.uncclearn.org/wp-content/uploads/library/Global-Climate-Litigation-Report-2025-Status-Review.pdf?utm_> accessed January 28 2026.

[10]https://www.pwc.com/ng/en/services/environmental-social-governance.html accessed on 14th May 2026

[11] (GC) App No %#^00/20 ( ECtHR, 9 April 2024)

[12]  Andreas Hösli/Meret Rehmann: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: the European Court of Human Rights’ Answer to Climate Change. In: Climate Law. 2024, p. 21; Žatková, S./Paľuchová, P. ECtHR: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20, 9 April 2024): Insufficient Measures to Combat Climate Change Resulting in Violation of Human Rights. In: Bratislava Law Review, 8(1), p. 1

[13] Vanessa Buschschlüter., “German Court Rejects Peruvian Farmer’s Landmark Climate Case” <https://www.bbc.com/news/articles/c5y5lwveqzno> accessed January 28 2026.

[14] (unreported) Case No: CGC-23-609134.

[15] “People of the State of California v. Big Oil” <https://www.gov.ca.gov/2023/09/16/people-of-the-state-of-california-v-big-oil/> accessed January 28 2026.

[16] (2023) Italian Law Report

[17] “Italian Oil Firm Eni Faces Lawsuit Alleging Early Knowledge Of Climate Crisis” <https://www.theguardian.com/environment/2023/may/09/italian-oil-firm-eni-lawsuit-alleging-early-knowledge-climate-crisis> accessed January 28 2026.

[18] Simmone Shah., “ICJ Landmark Climate Opinion Declares Legal Obligation to Protect Current and Future Generations” <https://time.com/7304900/icj-landmark-climate-opinion/?utm_> accessed January 29 2026.

[19] Ibid note 2

[20] Ibid note 3

[21] Ibid

[22] (2006) LPELR- 11798 (CA)

[23] Sections 33 and 34, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

[24] (2015) 14 NWLR (Pt. 1479) 307 CA

[25]  (2021) LPELR-52566 (CA).

[26] Ibid

[27] Ibid

[28] Ibid

[29] (2022) JELR 110136(

[30] (2007) LPELR-8758 (CA)

[31] Ibid

[32] Ibid

[33] https://www.mondaq.com/nigeria/enironmental-law/1664660/environmental-litigation-in-nigeria-trends-challenges-and-judicial-activism

[34] (2021) UKSC 3

[35] Ibid

[36] F.A. Olorundami (2023, forthcoming) “Climate Change Litigation in Nigeria: Assessing its Prospects of Success or Otherwise” (OGEL, ISSN 1875-418X) July 2023, www.ogel.org

[37] Osude, Omotola. (2024). Climate Change Litigation in Nigeria: The Case of Oloibiri and the Role of U.S. Jurisdiction in Advancing Environmental Justice. International Journal of Law and Societal Studies. 1. 104-112. 10.61424/ijlss.v1i1.340.

[38] Yusuf Khan., “Philippines Typhoon Survivors Sue Shell Over Its Role in Climate Change” <https://www.wsj.com/articles/philippines-typhoon-survivors-sue-shell-over-its-role-in-climate-change-17af87ca?utm_> accessed January 29 2026.

[39] Reuters., “Swiss Court Admits Indonesian Islanders Climate Case Against Holcim” <https://www.reuters.com/sustainability/cop/swiss-court-admits-indonesia-islanders-climate-case-against-holcim-2025-12-22/?utm_> accessed January 30 2026.

[40] Ibid note 4

[41] Ibid note 7

[42] Ibid note 11

[43] Ibid note 8

[44] UN Environment Programme., “Global Climate Litigation Report: 2023 Status Review” <https://www.unep.org/resources/report/global-climate-litigation-report-2023-status-review> accessed January 30 2026.

[45] LSE., “Global trends in climate change litigation: 2023 snapshot” <https://www.lse.ac.uk/granthaminstitute/publication/global-trends-in-climate-change-litigation-2023-snapshot/> accessed January 30 2026.

[46] Ibid note 8

[47] https://africanclimatewire.org  accessed on the 14th of May 2026

[48] Sumaila Ogbaje., “Inside Nigerian Military’s Strategy, Successes Against Oil Theft” <https://www.premiumtimesng.com/features-and-interviews/854801-inside-nigerian-militarys-strategy-successes-against-oil-theft.html> accessed January 31 2026.

[49] Ibid note 20

[50] Ibid note 23

[51] E.B. Emurobor & I.V Ogugua “Corporate Social Responsibility of Oil and Gas Companies and Indigenous peoples’ Rights to Healthy Environment in Nigeria” (Nnamdi Azikiwe University Journal, 2019) p.18

[52] Ibid

[53] Ibid note 23

[54] Hackett. D et al., ‘Growing ESG Risks: The Rise of Litigation.’ Available https://www.bakermckenzie.com/ /media/files/insight/publications/2020/10/growing_esg_risks_the_rise_of_litigation.pdf 

[55] Ibid

[56] Ibid

[57] McKenzie. S., Philippides. M., & De. Meyer., ‘A Look to the Future: Litigation Risks Faced by the Financial Sector in Relation to ESG Statements.’ Available at https://www.investafrica.com/insights-/a-look-to-the future-litigation-risks-faced-by-the-financial-sector-in-relation-to-esg-statements

[58] Ibid

[59] Ashurst, “ESG Litigation- Get Ready, Respond and Resolve” available at https://www.ashurst.com/en/insights/esg-litigation–get-ready-respond-and-resolve/ accessed on 14th May 2026

[60] “Global Climate Litigation Report: 2025 Status Review” <https://www.unep.org/resources/report/global-climate-litigation-report-2025-status-review?utm_> accessed January 31 2026.

[61] Sophia Cheng., et al., “Global Trends in Climate Change Litigation: Key Themes From 2025 Snapshot Report” <https://www.lexology.com/library/detail.aspx?g=15d95c75-d604-41b5-bdb5-1b3b3a773724&utm_> accessed February 1 2026.

[62] OECD., “Environment” <https://www.oecd.org/en/topics/environment.html> accessed February 1 2026.

[63] Ibid note 4

[64] Ibid.

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