A human rights approach to climate litigation in Africa is relatively more recent when compared with the countries of the Global North. This study therefore examines a human rights approach to climate change litigation in Nigeria. The study finds that the approach has potential in Nigeria but argues that such potential may be suspended or trumped by political acts caused by exigencies of the state manifesting as Agamben’s state of exception. It concludes that in spite of the possibility of having the approach undermined by Agamben’s state of exception, the approach should not be abandoned but further refined and enhanced in its strategies.