Abstract

The research is financed by Chief Favour O. Izoukumor (The Fieye-Owie of Ogbe-Ijoh Warri Kingdom, the immediate past commissioner representing Ijaw Ethnic Nationality on the board of DESOPADEC) Abstract Oil pollution is a big challenge to the Nigerian government. The National Oil Spill Detection and Response Agency claimed that from January 2010 to August 2015, about 294,352 barrels of oil spilled into the Niger Delta environment of Nigeria. The truth is that the Nigerian government initiated several policies, laws, regulations and standards to curb crude oil pollution in the Niger Delta area of Nigeria, still, pollution is on the increase. This article seeks to critically assess the weaknesses of the pollution prevention laws and regulations set up by the Nigerian government to protect and prevent oil pollution in the Niger Delta area of Nigeria. The analyses of this article show that the penalties imposed on the Oil Corporation to clean up oil spill are too low, enforcement of the laws is exclusively placed on the Attorney General of the Federal Republic of Nigeria while excluding public litigation, inspection of oil pipelines is imposed on the operators while allowing the regulators to sleep. To surmount these challenges, this article concludes that the regulators in the oil sector should take responsibility of investigating and monitoring the activities of the operators, there should be stringent sanction compelling the operators to clean-up oil spill whenever it occurs. Keywords: Environment, Laws, Regulations, Pollution, Oil Spill, Nigeria DOI : 10.7176/JLPG/87-06 Publication date :July 31 st 2019

Highlights

  • Nigeria is one of the major crude oil producers and polluters,1 and the consequence of pollution to the immediate environment ranging from oil spills, dumping of toxic waste materials by the International Oil Companies has already been felt and seen by the people

  • This provision of the constitution has been fulfilled as the Nigerian parliament enacted series of environmental protection laws.17The most relevant laws enacted by the Nigerian parliament in relation to this piece of work are the National Oil Spills Detection and Response Act,18 Oil Pipelines Act,19 the Petroleum Act,20 which is about to be amended by the Petroleum Industry Bill,21 the Oil Navigation Act,1 Environmental Impact

  • The duty imposed on the government agencies to disclose information should be extended to private corporations and a sensitization campaign should be carried out by the environmental agencies such as, the Department of Petroleum Resources and National Oil Spills Detection and Response Agency which will enable the citizens to explore the provision of Freedom of Information Act in relation to pollution issues

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Summary

Introduction

Nigeria is one of the major crude oil producers and polluters, and the consequence of pollution to the immediate environment ranging from oil spills, dumping of toxic waste materials by the International Oil Companies has already been felt and seen by the people. The phrase to ‘protect and improve’ used by section 20 of the constitution literarily imposed an obligation on the legislature to make new laws and improve on the existing rules to protect the Nigerian environment from all kind of pollution This provision of the constitution has been fulfilled as the Nigerian parliament enacted series of environmental protection laws.17The most relevant laws enacted by the Nigerian parliament in relation to this piece of work are the National Oil Spills Detection and Response Act, Oil Pipelines Act, the Petroleum Act, which is about to be amended by the Petroleum Industry Bill, the Oil Navigation Act, Environmental Impact

Ibid 9-10
16 Emphasis added
Section 7 of Environmental Assessment Act
The Freedom of Information Act is underutilized by the Public
Ibid Guideline 8
10. Conclusion
11. Bibliography
Full Text
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