Chinenye Nriezedi-Anejionu, senior lecturer at Nottingham Law School, reflects on the persisting legal, regulatory, institutional and infrastructural gaps standing in the way of Nigeria’s progress toward net-zero goals. She also explains why a comprehensive legal framework and stricter policy implementation and enforcement is essential in steering the West African country to its 2060 net zero target.
When Nigeria ratified the Paris Agreement in 2015, it placed itself under a global mandate to curb carbon emissions and help keep temperature rise below 2°C. To put this commitment into action, the Nigerian government introduced the Climate Change Act in 2021.
The country also announced a net-zero target aimed at achieving carbon neutrality by 2060—an ambitious move for a nation whose economy depends heavily on hydrocarbons. To steer its shift toward cleaner energy, Nigeria launched the Energy Transition Plan (ETP) in 2022 and later updated it as ETP 2.0.
The ETP is aiming for 277 gigawatts (GW) of installed power capacity by 2060, driven by clean energy adoption, improving modern energy storage and other emerging solutions. Achieving this vision requires deep emissions cuts across the power, oil and gas, transport, cooking and industry sectors. However, there are various issues facing Nigeria as it seeks to meet these ambitious climate goals.
Sector-specific issues
A closer look at the industries reveals the scale of the challenge. Electric vehicles (EVs), for example, are crucial for reducing carbon emissions in transport, but Africa faces barriers such as limited electricity access, poor infrastructure and weak regulatory frameworks. General power-sector laws touch on some aspects, but Nigeria lacks specific legislation for EVs.
Meanwhile, countries like the UK have comprehensive laws addressing EV infrastructure, smart charging, interoperability and public access. Nigeria has an Auto Industry Development Plan (NAIDP) Bill which includes EV targets, such as 30% local production by 2033. However, this has been delayed by over a decade. A robust EV-focused legal framework would accelerate the use of EVs, while also attracting foreign investment and helping Nigeria achieve its net-zero goals.
The framework on critical rare minerals is also outdated. Nigeria is rich in mineral resources, including critical green minerals like lithium, tantalite, tin, and uranium, which are essential for low-carbon technologies. But existing laws such as the Minerals and Mining Act 2007, Nigerian Minerals and Mining Regulations 2011, and National Policy on Solid Minerals 2019 are insufficient for modern extraction and processing.
There is no comprehensive, science-based classification or legal definition of these minerals, and limited data hinders investment. A proposed bill aims to mandate 30% local processing to boost manufacturing, refining, and curbing illegal mining. However, the success of the bill hinges on addressing infrastructural gaps, weak political will, tribal sentiments and enforcement challenges.
Nigeria also lacks adequate laws on new and innovative energy transition technologies. Emerging clean energy technologies, including advanced energy storage, are critical to achieving net-zero targets, ensuring reliable power given the intermittency of solar and wind.
Nigeria’s current policy framework lacks provisions for innovative storage solutions such as lithium-ion batteries, hydrogen fuel cells, supercapacitors, and pumped hydro. New nuclear technologies, like small modular and advanced micro reactors, as well as low-carbon heat systems, hydrogen grid conversion, IoT, and Big Data for energy management, also require regulatory support. A comprehensive energy transition law is urgently needed to govern these technologies and enable Nigeria to meet its net-zero ambitions.
Lacking legal framework – gaps and delays
These sector-level challenges are compounded by deeper legal and regulatory shortcomings. Firstly, there is a lack of robust legal framework on the energy transition. Nigeria has committed, under the ETP, to reduce its emissions by 20% below business-as-usual (BAU), and by up to 47% below BAU by 2030 (on condition of international support). This is five years away, and realistically there is little likelihood of this goal being met.
Although the updated ETP clearly outlines Nigeria’s priority areas for transition, the country still lacks a comprehensive legal framework to support the shift. Without solid laws and regulatory mechanisms in place, ensuring accountability, effective implementation and compliance with the plan will likely be challenging and potentially unattainable.
While some laws – such as the Climate Change Act 2021 – contain provisions on carbon reductions and make limited reference to energy transition, several other existing laws conflict with the long-term 2060 net-zero goal. This includes the Petroleum Industry Act 2021, which permits the continuous grant of petroleum exploration and prospecting licences, and therefore counters the country’s decarbonisation ambitions.
To achieve its 2060 net-zero goal, Nigeria will likely need a dedicated energy transition law that consolidates the many relevant provisions currently dispersed across different national statutes. This approach mirrors steps taken by countries such as Colombia, which passed an energy transition law in 2021 and used it to modify key provisions in related legislation, rather than revising each law separately. Likewise, a number of other countries have adopted stand-alone transition laws to signal their commitment to meeting their net-zero ambitions.
Brazil’s Just Energy Transition Law of 2022 is a key example. It contains specific provision entirely surrounding “just energy transition”, which emphasises shifting from fossil fuels to cleaner energy in a way that is fair, inclusive and considerate of all stakeholders, ensuring that no group is left behind in the process.
Consistent with international best practice, Nigeria urgently needs a single just energy transition law that consolidates all relevant provisions and supports the country’s pursuit of a fair and equitable pathway to its 2060 net-zero target.
Alongside such legislation, the Energy Transition Plan Office should be formally established as a regulatory agency or commission, giving it the legal authority and institutional strength required to more effectively carry out its purpose. At present, publicly available information about the office is limited, which may deter potential investors from financing clean energy projects in Nigeria.
Several Nigerian laws critical to the energy transition require updates to align with current practices. Again, the Petroleum Industry Act (PIA) 2021, which is the primary legislation governing the fossil fuel sector, does not explicitly address climate change or energy transition in line with the Paris Agreement.
While the PIA includes provisions for the exploitation and use of natural gas — which is planned as a transition fuel through to 2030 under the Nigeria Decade of Gas initiative — this framework will be insufficient for the country’s long-term net-zero target, which extends to 2060. Beyond 2030, when gas is expected to be phased out, the PIA’s relevance to energy transition will diminish.
Nigeria also struggles with law enforcement. Gas flaring, for example, continues on a large scale despite the Gas Flare (Prevention of Waste and Pollution) Regulation 2018. This persistent practice by major oil companies highlights ongoing institutional weaknesses and undermines the country’s carbon reduction efforts.
Conclusion
Overall, Nigeria has demonstrated strong interest in reducing carbon emissions, but it is yet to be seen whether this commitment will be translated into the proactive actions necessary to achieve its targets. The country must first address persisting legal, regulatory, institutional and infrastructural gaps in order to enable full progress toward net-zero goals.
It appears unlikely that Nigeria will meet the 2030 short-term target. Plans to rely on gas as a transition fuel face infrastructure constraint, such as insufficient Compressed natural gas (CNG) stations. Delays in near-term targets will inevitably hinder progress toward the 2060 net-zero goal.
Looking forward, a comprehensive legal framework encompassing all aspects of energy transition, including just energy transition, is essential, alongside stricter policy implementation and enforcement.