ASSESSMENT OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PREVENTION OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA


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TABLE OF CONTENTS

Title page
Lists of cases
List of statutes
Lists of Abbreviation
Abstract
Table of Contents

CHAPTER ONE: INTRODUCTION
1.1       Historical Background
1.2.      Literature Review
1.2.1    Additional Literature Review
1.3       Statement of the Problems
1.3.1 Ineffective Legislation in Arresting Environmental Degradation
1.3.2    Inadequate Implementation and Enforcement of the Laws by the Institutions
1.3.3    Dispel Nature of the Legal Regime of Environmental Degradation by Oil and Gas Companies in Nigeria
1.3.4    Lack of Specialized, Dedicated and Courageous Enforcement Officers
1.3.5    Procedural Obstacles in Environmental Litigation against Oil and Gas Companies in Environmental Degradation Matters
1.3.6    Corruption
1.3.7    Lack of Expertise and Equipment
1.4       Objectives of the Research
1.5       Scope of the Research
1.6       Research Methodology
1.7       Justification
1.8       Organizational Layout

CHAPTER TWO: NATURE, SOURCES AND EFFECT OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA
2.1       Sources of Environmental Degradation by Oil and Gas
2.2       Clarification of terms
2.1.1    Upstream Sources of Environmental Degradation by Oil and Gas Companies in Nigeria
2.1.1.1 Exploration
2.1.1.2 Drilling
2.1.1.3 Leakages of Oil Pipelines
2.1.1.4 Oil pipelines vandalization
2.2.      Downstream
2.2.1    Accident in the Course of Oil Transportation
2.2.2    Routine Tank Cleaning
2.2.3    Sabotage
2.3       Production
2.3.1    Gas Flaring
2.4       Effect of Oil and Gas on the Environment
2.4.1    Terrestrial Effect
2.4.1.1 Vegetation
2.4.1.2 Birds and Animals
2.4.2    Effect of Oil Spill on Marine Environment
2.4.2.1 Impact of Oil Spill on Marine Mammals
2.4.2.2 Impact of Oil Spill on Fish
2.4.2.3 Impact of Oil Spill on Water
2.4.3    Effect Gas on Air, Climate and Respiration

CHAPTER THREE: LEGAL PRINCIPLES ON PREVENTION OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA
3.1       Types of Legal Principles for the Prevention of Environmental Degradation by oil and Gas companies in Nigeria
3.2       Preventive Principle for the Prevention of Environmental Degradation by oil and Gas companies in Nigeria
3.2.1    Permit System
3.2.3    Remedial principle
3.2.3.1 Compensation
3.2.3.2 Damages
3.2.3.3 Injunctions
3.2.3.4 Clean up
3.2.4    Polluter Pays Principles
3.2.5    Penal Regime
3.2.6    Environmental Rehabilitation Principles

CHAPTER FOUR: INSTITUTIONAL FRAMEWORK FOR THE PREVENTION OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA
4.1       Introduction
4.2       Clarification of Terms
4.3       Department of Petroleum Resources (DPR)
4.2.1    Establishment of Department of Petroleum Resources (DPR)
4.2.2    The Director of the Department of Petroleum Resources
4.3       Prevention of Environmental Degradation by Department of Petroleum Resources (DPR)
4.4       National Oil Spill Detection and Response Agency (NOSDRA)
4.4.2    Establishment of the National Oil Spill Detection and Response Agency
4.4.3    Composition of the National Oil Spill Detection and Response Agency
4.4.4    Objectives of the Agency
4.4.5    Functions of the Agency
4.4.6    Appointment of Director General and other Staff of the Agency
4.5       Ministry of Niger Delta Affairs
4.6       The Niger Delta Development Commission (NDDC)
4.6.1    Establishment of the Governing Board of the Commission
4.6.2    Functions and Powers of the Commission
4.7       National Environmental Standards Regulation Enforcement Agency
4.7.1 Establishment
4.7.2 Functions and Powers of the Agency
4.7.3 Powers of the Agency
4.7.4 Enforcement Powers
4.8       Non Governmental Organizations (NGOs)
4.8.1    Friend of the Earth
4.8.2    Earth watch
4.8.3   Environmental Rights Action/Friends of the Earth, Nigeria
4.9       The Attorney General Office

CHAPTER FIVE: ENFORCEMENT OF THE LEGAL FRAMEWORK FOR THE PREVENTION OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA.
5.1       Introduction
5.2       Arbitration
5.3       Litigation
5.2.1    Pre-Action Notice
5.2.2    Limitation of Time
5.2.3    Locus Standi
5.2.3.1 The Attorney General
5.2.3.2 Aggrieved Individuals
5.2.3.3 Non-Governmental Organisations (NGOs) and Public Spirited Individuals
5.2.3.4 Environmental Agencies
5.2.4    Proof of Environmental Harm
5.2.5    Burden and Standard of Proof in Environmental Litigation
5.2.5.1 Burden of proof in Criminal Cases
5.2.5.2 Proof in a Civil Case
5.3       Environmental Right
5.4       Courts with Jurisdiction in Environmental Litigation

CHAPTER SIX: DATA PRESENTATION AND ANALYSIS
6.1       Introduction
6.2       Data Presentation and Analysis

CHAPTER SEVEN: CONCLUSION
7.1       Summary
7.2       Findings
7.2.1    Lack of Clarity of some Laws
7.2.2    Despel Nature of Legal Framework
7.2.3    Inadequate Enforcement of the Legal Frame Work for the Prevention of Environmental Degradation
7.2.4    Lack of Service of Equipment
7.2.5    Niger-Delta People Are Victims of Environmental Degradation
7.2.6 Procedure for Court Action is Cumbersome
7.2.6    Enforcement Mechanisms are Weak
7.3       Recommendations
7.3.1    Policy and Legal Reforms
7.3.2    Fusion of the Institutional framework
7.3.3    The Need for More Cooperation between Host Communities and Oil Operators
7.3.4  Removal of Procedural Obstacles in Environmental Litigation
7.3.5  Employment of Specialized Dedicated and Courageous Environmental Law Enforcement Officers
7.3.6  Stiff Penalties for Corrupt Officers and Violaters
7.3.7  Establishment of “Environmental Courts”
Bibliography
Appendix



ABSTRACT

Legal frame work for the prevention of environmental degradation by oil and gas companies in Nigeria is partly Customary Law, partly Statutory Law, and partly Common Law. The Statutory legal regime for the prevention of environmental degradation in Nigeria is largely influenced by international legal norms for the prevention of environmental degradation by oil and gas companies. The legal frame work for the prevention of environmental degradation by oil and gas companies to a large extent produced institutional frame work prevention of environmental degradation by oil and gas companies. The Institutional frame work thus produced together with other institutions not produced by the legal frame work for the prevention of environmental degradation by oil and gas companies together enforce the legal frame work. Arising from the legislative response, there are catalogue of laws which seek to protect the environment from degradation by oil companies but unfortunately the laws are ineffective, in addition to the ineffectiveness of the laws, the laws are also not adequately implemented and enforced by the appropriate authority. It is also worrisome to note also that the laws are scattered in different legislation and other legal sources. This makes it difficult to get appropriate law to address a particular challenge. It is also sad to note that the environmental agencies lack specialized dedicated and courageous enforcement officers in enforcing the environmental laws. In addressing the short comings noted above, the study employed doctrinal and empirical approach applying both methods, the existing laws were carefully analyzed, institutions were visited and questionnaires were administered on host communities. Consequently, the study observed that, the laws and regulation that seek to prevent environmental degradation are generally weak, inadequate, short of administrative and enforcement machinery. The study also observed that there are too many institutions that regulate the affairs of the oil companies in Nigeria and these make their functions to overlap. The study further observed that the nature of the laws are scattered in different legislation and other legal sources. The study similarly revealed that the people of the Niger delta of Nigeria actually suffer from the operation of oil and gas companies. Consequently, the study made recommendations for the amendment of the policy and legal frame work, recommendation for the fusion of institutional frame work so as to have institution that enforces environmental law, employment of specialized, dedicated and courageous environmental law enforcement officers and establishment of environmental courts and more cooperation between host communities and oil operators.




CHAPTER ONE

GENERAL INTRODUCTION

1.1 Historical Background

Environmental degradation by oil dates back to 1956 when Shell Development Company (SPDC) then, discovered oil in Oloibiri Ogba Kingdom in Rivers state. Exploitation of oil finds in other parts of Niger delta brought with it environmental degradation at a scale hitherto unknown, this called for legislation to regulate the exploitation of oil by companies in the area. Earlier legislative response in this area was directed at oil pollution arising from oil prospecting and explorative activities in the country. The response did not arrest nor reduce environmental degradation. Therefore there was a need for more direct and rapid legislative response. The direct legislative response began with the promulgation of the Petroleum Act1.

The main thrust of the Petroleum Act, is that it provides a frame work for the exploration, production and refining. Subsidiary legislation passed pursuant to the Petroleum Act to deal with oil and gas exploration, production and refining include;

Nigeria National Petroleum Coporation Act2, Oil in Navigable Water Act3, Associated Gas Re-Injection Act4, Oil Pipeline Act5, Oil and Gas Export Free Zone Regulation6, Hydro Carbon Oil Act7, and The West Africa Gas Pipeline Project Act8, National Oil Spill Response Agency Act9,(NOSDRA) etc. All these......

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