Time to champion ecocide law and hold power to account, By Voke Ighorodje

Ecocide is now being championed by thought leading climate-vulnerable nations — including Vanuatu, Samoa, Fiji, and most recently the Democratic Republic of Congo — as a proposed amendment to the Rome Statute of the International Criminal Court (ICC). This bold move for environmental justice would elevate mass environmental destruction to the same legal status as genocide, war crimes, crimes against humanity, and the crime of aggression.

A recent conversation with an international colleague made me reflect on how my country is perceived on the world stage. She had never been to Nigeria — which meant that all her impressions, assumptions, and expectations (prejudices too) were second-hand, as shaped entirely by media from afar. After the call ended, I found myself wondering: What kind of Nigeria had she imagined?

To many, Nigeria is oil and gas — spilled. Vast platforms and scorched wellheads. Smoke on the horizon. Industry without restraint. Nigeria is forests, felled. Minerals and gold, corruption and power. A land of foreign interests feeding on local complicity. Filthy riches. “Bring the money.” It’s a phrase that’s haunted Nigeria’s resource story — a mantra of power, not the people. The world can wait. Today, oil and gas make up about 85 per cent of the country’s export earnings, and a sizeable portion of government revenue — a dependency that tightens the grip of extractive interests, while deepening environmental and economic vulnerability.

One word has begun to carry growing weight in conversations about Nigeria’s environmental crisis — especially through the lens of international justice: ecocide. While not new, the term gained sharp legal definition in 2021, when a panel of international experts convened by the Stop Ecocide Foundation described it as, “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused by those acts.”

Ecocide is now being championed by thought leading climate-vulnerable nations — including Vanuatu, Samoa, Fiji, and most recently the Democratic Republic of Congo — as a proposed amendment to the Rome Statute of the International Criminal Court (ICC). This bold move for environmental justice would elevate mass environmental destruction to the same legal status as genocide, war crimes, crimes against humanity, and the crime of aggression. The latter was only added in 2018, so the legal pathway is clear and precedent firmly established. If adopted, ecocide would become the fifth international crime — a crime against nature itself — for which individuals could be held personally accountable in the highest court of international law.

…let us be defined by our stand against environmental destruction — by our refusal to let profit trump protection. Let Nigeria be a leading voice in Africa, championing the law that would hold even the most powerful to account for crimes against nature. Our standing on the world stage would be a statement to those who see our country as a resource to be consumed, that Nigeria is, instead, a mighty force for global good.

Nigeria is, in many ways, the geographical definition of ecocide — both in terms of its devastating fallout and the urgent need for legal redress. In my role as Director of the International Justice Programme at the REED Center — and formerly National Coordinator of the Nigeria Coalition on the International Criminal Court (NCICC) — engagement with the ICC has long been central to my work. As such, a litany of environmental atrocities come easily to mind.

Oil spills in the Niger Delta — like the 2011 Bonga spill (40,000 barrels), and the catastrophic Funiwa No 5 blowout in 1980 (between 200,000 and 500,000 barrels) — have decimated fish stocks, ecosystems, and coastal communities. In Ogoniland alone, about 2,976 spills were officially recorded between 1976 and 1991. More recently, NOSDRA recorded over 800 spills between 2020 and 2021. The legacy of these disasters — many of which persist long after the media attention fades — has been one of delayed justice and limited accountability, with oil majors such as Shell and Chevron consistently deflecting accountability through protracted legal battles and denial.

It’s not for lack of effort. In a landmark case, Royal Dutch Shell was ordered to pay €15 million in compensation to four Nigerian farmers for the contamination and loss of income caused by oil pipeline spills in Niger Delta villages between 2004 and 2007. The case, first filed in 2008, took 13 years to reach a verdict. The ruling stands as a testament to the resilience of the plaintiffs, but also a stark reminder of how slow and uneven the path to justice remains. With a clear international legal framework for environmental accountability, such cases could not only be resolved more swiftly — they could be prevented.

Oil is one deeply destructive resource — and gas, another. Despite a declared 1984 target for a national ban on gas flaring, foreign companies continue to ignore the law, routinely venting toxic emissions that cause acid rain, soil degradation, respiratory illness and more. The fines, when levied, are far cheaper than the cost of compliance — making illegal flaring a calculated business decision. Worse still, enforcement is sporadic at best, rendering the law toothless. Nigeria is a signatory to the World Bank’s Global Flaring and Methane Reduction Partnership, which aims to eliminate routine flaring by 2030 — a kind of Paris Agreement for the dirtiest corners of fossil fuel extraction. Yet, the companies flouting Nigeria’s ban aren’t shadowy operators. They are global giants: Chevron, Shell-SPDC, Exxon, ConocoPhillips.

Across continents, ecocide is being recognised for what it is: a crime that strikes at the heart of human and planetary wellbeing. By championing this law — nationally and internationally — Nigeria can move from the exploited periphery to the vanguard of legal transformation.

Nigeria should not be defined by the ecocide inflicted within its borders. Define us instead by our natural abundance: the rainforests of Cross River, teeming with biodiversity; vast, intricate mangrove ecosystems that protect coastlines and nurture life; and rivers like the Niger and Benue — arteries of commerce, culture, and sustenance. Define us by our people: a mosaic of languages, music, art, and intellect — resilient, creative, and deeply rooted in land and legacy. This is the Nigeria we know. This is the Nigeria worth fighting for.

And now, let us be defined by our stand against environmental destruction — by our refusal to let profit trump protection. Let Nigeria be a leading voice in Africa, championing the law that would hold even the most powerful to account for crimes against nature. Our standing on the world stage would be a statement to those who see our country as a resource to be consumed, that Nigeria is, instead, a mighty force for global good. The time for unified action on climate is long overdue — let us not only take the opportunity to join this groundswell to criminalise those who flout our collective responsibility, but join our fellow African states in leading it.

We must stand with Vanuatu, Samoa, Fiji and the DRC — not only in solidarity, but in strategic alignment. Supporting ecocide legislation is not just an act of justice; it is a move toward a future where Nigeria helps shape the legal and moral boundaries of global civilisation.

Across continents, ecocide is being recognised for what it is: a crime that strikes at the heart of human and planetary wellbeing. By championing this law — nationally and internationally — Nigeria can move from the exploited periphery to the vanguard of legal transformation.

Voke Ighorodje is the director of the International Justice Programme, REED Center, Nigeria.