Monetary Compensation in Pollution Litigation in Nigeria: How Adequate?

Abstract

Since the discovery of oil in the Niger Delta of Nigeria, there has been a steady increase in conflict between the communities hosting the multinational oil companies and the host communities. The conflicts have found expression in court disputes over the years. The dominant claims in these disputes are usually monetary compensation. The question has continued to arise as to whether there are consistent legal frameworks to guide the disputants in the process of getting compensated for oil spillages and other collateral damages that result from the exploratory activities of these multinational oil companies. Looking at the procedural laws, who and which is more favoured: the company or the victim? This paper which adopts the doctrinal method surveys the problem of monetary compensation in litigation involving victims of oil company operations and the companies. It was found that although there are skeletal procedural principles currently in force in the area, a well-developed statutory procedure governing the space has not been enacted leaving the victims largely short-changed and the companies given leeway to escape from the direct consequences of their actions on the socio-ecological structure of the Niger-Delta. A ‘new’ law in the area is therefore advocated.