The Courts, Capabilities, and Climate Justice: A Comparative Study of Nigeria and India

The thesis situates its argument on the notion that whilst climate change is a global challenge, its burdens and benefits are unequally distributed, particularly within countries in the Global South. This thesis examines the extent to which climate justice frameworks in Nigeria and India advance distributive climate justice, by utilizing Martha Nussbaum’s Capabilities Approach as a normative and analytical framework. The study examines how constitutional provisions, climate legislation, policy instruments, and sub-regional governance mechanisms pertaining to India and Nigeria respond to climate induced vulnerabilities, particularly among vulnerable communities. A comparative doctrinal and functional legal methodology which draws on Nussbaum’s capabilities approach is utilised to evaluate how national and regional systems safeguard essential capabilities such as life, bodily health, bodily integrity, emotions, and control over one’s environment. By analysing legal texts, policy documents, and judicial decisions, the thesis examines the extent to which existing climate governance regimes in Nigeria and India can promote equitable climate outcomes and identifies gaps where legislative amendments or policy reform is necessary. By the analysing of landmark cases, the thesis demonstrates how a capabilities-based lens can deepen legal reasoning and broaden access to climate justice. Ultimately, the thesis contributes to climate justice scholarship by proposing that the Capabilities Approach can serve not only as a theoretical tool for evaluating climate governance but also as a strategic litigation resource. As a way forward, the thesis recommends reforms in law, policy, and institutional practice that can help align climate action with human dignity and equity, and sustainable development in the Global South.