A review of the existing legal regime on exploitation of oil and the protection of the environment in Nigeria

Abstract

Since the discovery of oil in commercial quantities in Oloibiri town in the present day Bayelsa State of Nigeria in 1956, the Nigerian government has encouraged the development and growth of the oil industry. The government, being conscious of the concomitant effects of the exploration and production of oil on the environment, enacted laws to regulate the exploitation of the oil and the protection of the Nigerian environment. This article examines the legal regime in this respect. It is the view of the writer that some of the laws regulating the protection of the environment are archaic, especially the penalty sections with small fines which do not serve as a deterrent to the oil companies or encourage them to adopt high standards. It is also the view of the writer that the laws regulating the oil industry should be amended to confer standing on citizens groups. The writer suggests that a strict liability regime should be made to apply to the oil industry, and that related laws should be duly enforced by the government agencies charged with responsibility of overseeing the oil industry. Finally, it is the view of the writer that the oil-bearing communities of the Niger Delta should be systematically developed by the Nigeria government so that there can be peace in the region.