Legal aspects of environmental issues and equity considerations in the exploitation of oil in Nigeria's Niger delta

Abstract

This thesis examines the legal aspects of environmental and equity issues relating to oil operations in Nigeria's Niger Delta. Oil is Nigeria's chief foreign exchange earner since the early 1970s, accounting for over 90 per cent of her yearly revenue. This natural resource is presently found only in the Niger Delta region of the country, inhabited by indigenous people. The exploitation of this resource is carried on by the Nigerian State in collaboration with oil multi-national companies (MNCs), both of which reap huge revenue and profits, respectively, from the business. On the other hand, oil operations have their negative aspects: adverse environmental and social impacts, and these affect the region (and its biodiversity) and the local inhabitants. Over the last few years, the Niger Delta people have been embarking on frequent protests against oil operations in their region, and are demanding equity. Although previous studies have examined this situation, there has been no systematic study of the environmental and equity issues of the operations, particularly from the perspective of the collective rights of the Niger Delta indigenous people. This thesis is an attempt to fill this gap. Hence, the central question of this thesis is: What is the cause (s) of the present oil-related protests in the Niger Delta? Other research questions include: What is the legal status of the inhabitants of the Niger Delta region? What are the environmental impacts of oil operations in the Niger Delta? And how beneficial have oil operations been to the region and its inhabitants? These will be considered from the perspective of international law relating to indigenous and other collective rights as well as from a socio-legal perspective. Essentially, the thesis argues that contrary to previous studies oil-related environment protection statutes in Nigeria are defective in some respects. However, the major reason for the persistence of oil-related adverse environmental and social impacts is the non-enforcement of relevant laws. Further, it is argued that the operations are inequitable to the Niger Delta people and contrary to their indigenous and other group rights. Lastly, it is argued that the solution to the demands of the people does not lie in token responses, such as the recent establishment of the Niger Delta Development Commission, but in addressing their demands substantively and consistent with fairness and justice, right to development and the recognized and emerging rights of the indigenous people under international law.