Environmental crime liability of the Nigerian government in its oil pollution menace.

Chukwuemeka Chuks Ezike

doi:10.4066/2529-8046.100035

Abstract

The grave challenges of oil pollution have been over stated in several environmental journals. The liability accruing to such pollutions have also been extensively discussed by several legal scholars. Interestingly, this discussions on responsibility and liability seems to take a lead and an end to the involvement of the huge multinational oil players in the pollution saga; thus, ignoring the role and liability of other silent parties. Firstly, Nigeria is replete with environmental legislations following the directions of its National Policy on Environment. However, this paper shall not delve into a discussion of these legislative provisions, nor their discussions as it concerns oil pollution and its attendant liabilities in Nigeria. Rather the paper shall examine the extent of liability of the Nigerian government with respect to enforcement of regulation against oil and gas pollution in Nigeria.

Highlights

The oil and gas sector is a significant portion of the Nigerian economy [1]
This paper does not seek to explore the possible deficiencies in legislations sanctioning oil and gas pollution in Nigeria, but shall rather analyse the liability on the part of the Nigerian government arising from its failure to properly regulate the oil and gas sector with regards to environmental protection and management
In this case the plaintiff accused the Nigerian government of violating the right to health and standard of living as well as the socio-economic rights of Niger Delta indigenes as stipulated under the African Charter, by failing to enforce existing environmental laws and regulations to protect the environment

Summary

Introduction

The oil and gas sector is a significant portion of the Nigerian economy [1]. Scholars believe crude oil production has become more relevant in contemporary times as there is yet no cheaper alternative to it as a form of energy. The sector has been asserted to cause the most significant chunk of the Nigerian environmental pollution, as shall be discussed below [2]

Extensive oil spill pollution as it is in Nigeria

Gas flaring pollution as it is in Nigeria

Liability of the Nigerian Government in its oil and gas pollution

Findings

Conclusion