Africa seeks stronger voice as climate change litigation surge reshapes global energy policy

The rise of climate litigation marks a decisive shift from political negotiation to legal enforcement, and Africa must engage actively in shaping frameworks or risk adapting to standards being set elsewhere, says the African Energy Chamber (AEC).

The AEC has applied for amicus curiae status in a key case initiated by the Pan African Lawyers Union before the African Court on Human and Peoples’ Rights, which aims to define state climate obligations under the African Charter.

That case reflects a broader jurisprudential shift.

Recent and ongoing proceedings build on earlier rulings such as Social and Economic Rights Action Center v. Nigeria and Ivorian League of Human Rights v. Côte d’Ivoire, which established environmental protection as an enforceable legal duty while affirming the need to safeguard broader socioeconomic rights.

Together, says the AEC, these decisions are expanding the scope of climate-related obligations across jurisdictions. At the global level, advisory proceedings at the International Court of Justice (ICJ) and International Tribunal for the Law of the Sea (ITLOS) are establishing legal interpretations that extend far beyond national borders, influencing how governments regulate emissions, approve projects, and manage natural resources. While these interpretations don’t prohibit fossil fuel development, they introduce more stringent expectations around environmental oversight, regulatory enforcement, and long-term climate risk management.

For Africa, the implications are significant, says the AEC.

While the continent contributes less than 4% of global emissions, it faces mounting pressure to align with legal standards largely shaped outside the region. And without stronger participation in such landmark court proceedings, African states risk having climate obligations defined externally – with direct consequences for industrialization, energy access, and investment flows

“If Africa leaves its energy future to outside courts, we risk seeing policies designed for other continents applied here,” says NJ Ayuk, the Executive Chairman of AEC.

“Climate litigation is not just a regulatory challenge – it affects financing for our oil and gas sector,” he continues. “Banks are retreating, discoveries can’t reach FID, and projects that could fuel our energy ambitions remain stalled. Africa must turn this challenge into an opportunity to define standards that protect the planet while ensuring our people, our resources, and our growth are not left behind.”

While Africa accounts for a small share of global greenhouse gas emissions, it remains the most energy-poor region in the world, notes the AEC.

More than 600 million people still lack access to electricity, while clean cooking solutions remain out of reach for hundreds of millions more. In this context, the AEC maintains that oil and gas resources will continue to play a vital role in enabling industrialisation, job creation, and economic resilience.

Through its submission, the AEC aims to provide the Court with sector-specific insights on the intersection of climate change, human rights, and energy development. It emphasises the importance of a balanced and inclusive energy transition, incorporating hydrocarbons alongside renewable energy solutions.

“We would have preferred a dialogue led by Africans on this matter,” says Ayuk. “Africa must not be a passive participant in decisions shaping its energy future. Our application ensures the voices of African countries, their industries and citizens are heard. Climate policy must reflect not only environmental priorities, but also the fundamental right to development and energy access.”