An Overview of the Legal Framework for Oil Pollution in Nigeria (original) (raw)
Oil pollution is without a doubt a serious issue in Nigeria today. Since Nigeria discovered the ‘black gold’ in Oloibiri, Bayelsa state in 1956, the environment has been wrought with oil spills which have caused the degradation of farmland and gradual destruction of aquatic life through the exploration and exploitation of crude oil. This is even more depressing considering that the general environment where these oil spills occur – the Niger Delta – is an area where the mainstay of the local environment is farming and fishing. This has caused a halt in the peoples’ occupation and more or less destroyed the local economy. This paper seeks to highlight the various legislations that have been enacted by the federal government to arrest this unfortunate reality. It will also look at the effect these laws have had on oil pollution and if they have succeeded in addressing this burning issue. Lastly, it will highlight cases that have been brought against oil companies by individuals and communities that have been severely affected by oil spills in their immediate environment.
Related papers
THE CONTROL AND REGULATION OF OIL POLLUTION IN NIGERIA: A CRITICAL APPRAISAL
A LONG ESSAY SUBMITTED TO THE FACULTY OF LAW, OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAWS (LL.B) DEGREE OF THE OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, OSUN STATE, NIGERIA, 2016
Oil and Gas Exploration has increasingly become the major source of revenue of the Federal Republic of Nigeria, since 1956, when oil was first discovered in commercial quantities. However, this same ‘source of blessing’ is also very rich in pollution. Oil pollution is one of the greatest environmental problems Nigeria is currently battling with, especially in the Niger Delta zone. The government has been virtually helpless, or comatose, with an array of legislations which are best described as ‘aesthetic surplusage’ on the country’s law books. This essay will basically examine oil pollution, the historical background to oil exploration and consider the various legal frameworks put in place to curb environmental pollution by way of oil pollution. The essay also delves into the evil of oil spillage facing the Nigerian environment, its causes, and its consequences. We would analyse whether the laws are adequate in controlling environmental pollution. A sound research approach was utilized in this essay. In carrying out this research recourse was had to relevant publications including legislations, treaty obligations ratified by Nigeria, textbooks, journals, magazines, decisions of courts, internet materials and articles in newspapers relating to the topic of the research. Materials were also sourced from papers presented at seminars and conferences. This essay is all about charting a new course in the way of control and regulation of oil pollution in Nigeria, in order to ensure environmental sustainability. It identifies the constraints to the effective implementation of Nigeria’s environmental laws and policies. After identifying the various problems contributing to our environmental woes, this essay proffers recommendations that should be conscientiously and vigorously implemented to reverse the trend.
The Nigerian Coastal ecosystem is daily characterized by multifaceted explorative activities which come in company of varied and numerous challenges chief among which is Oil Spillage. Oil Spillage which could be caused by inadequate carefulness or carelessness in offloading and loading oil vessels, sabotage, unethical (unsafe) practices by operators, accidental causes, etc. has proved overtime to be the major sources of coastal pollution in Nigeria. In a bid to forestall normalcy and to restore sanity to these economically important areas by preventing, controlling and reducing the incidence of oil pollution, different legal frame works and different laws have been enacted by the Federal Government and many International Conventions have been ratified and consequently domesticated. This study critically looked into some of the laws as contained in the Oil In Navigable Waters Act [Cap 337] LFN 1990 [1968 No. 34.], geared towards the curtailing (Control and Prevention) of Oil Pollutio...
2016
Advances in the development of petroleum resources has contributed enormously to the global energy demand and economic development over the past decades, however, it has left profound negative impacts on the natural environment and adverse human health effects in most oil-producing host communities around the world. Apart from the loss of petroleum-derived revenue to corruption and ineffective government's petroleum development policies, the Niger Delta region has experienced a wide range of environmental pollution, degradation, human health risks and socio-economic problems associated with petroleum exploration, development and production. Over the years, several environmental laws have been institutionalized to regulate the petroleum sector in Nigeria. The Nigerian government and other African countries have played tremendous roles in the emergence of international environmental law that regulate the establishment of environmental institutions and legislations as well as strat...
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.