APPROACHES TO MINIMIZING ENVIRONMENTAL AND SOCIAL IMPACTS OF OIL EXPLOITATION IN NIGER DELTA REGION OF NIGERIA

Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 220 ISRG PUBLISHERS Abbreviated Key Title: ISRG J Arts Humanit Soc Sci ISSN: 2583-7672 (Online) Journal homepage: https://isrgpublishers.com/isrgjahss Volume – III Issue -V (September-October) 2025 Frequency: Bimonthly APPROACHES TO MINIMIZING ENVIRONMENTAL AND SOCIAL IMPACTS OF OIL EXPLOITATION IN NIGER DELTA REGION OF NIGERIA TAMUNOMIEIBI MILDRED ENOCH Rivers State University, Nigeria, Department of business law. | Received: 10.08.2025 | Accepted: 16.08.2025 | Published: 07.10.2025 *Corresponding author: TAMUNOMIEIBI MILDRED ENOCH Rivers State University, Nigeria, Department of business law. Abstract It is no more news that oil production activities have disastrous consequences on human lives and ecology in the Niger Delta region rather than enrich same. Oil exploration is the major revenue earner in Nigeria’s economy, all thanks to the Niger Delta region, which is richly blessed with the black gold in large quantities. The dependency of the economy on the juicy gains of oil and gas leading to increased exploration, mining, refining, transportation and other related endeavours, has had disastrous social and environmental impacts on the people of Niger Delta and its environment. Consequently, the Nigerian Government over the years has responsively evolved necessary legal and institutional frameworks to minimize the socio-economic and environmental impacts of oil and gas production on the Niger Delta region. In the light of the above, this project examines the various legal and institutional framework put in place to minimize the impacts of oil exploration in the Niger delta region and it is structured into five chapters. Chapter one is the introduction with a brief history and definition of fundamental terms. Chapter two looks at the diverse impact of oil exploitation in the Niger Delta region ranging from environmental to socio-economic issues. Chapter three reviews the legal framework put in place to minimize the impact of oil exploitation in the region. Chapter four examines the institutional framework put in place to minimize the impacts of oil exploitation in the region, including the role of the Judiciary in environmental protection. Chapter five concludes the analysis with some recommendations for better and more organized approaches to minimizing the environmental and social impact of oil exploitation in the Niger Delta region of Nigeria. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 221 1.0. INTRODUCTION Crude oil, one of the greatest blessings God has showered on Nigeria has turned out to be a curse of some sort sounding the death knell of such key principles of governance as democracy1. It is no news that Nigeria is one of the leading oil producers in the world and that the Niger Delta region is the hub of oil and gas production of the nation. From crude oil alone, Nigeria has generated about 300 billion U.S. Dollars between 1970 and 2000, amounting to 96% of the country‟s foreign earnings2. Generally, instead of crude oil serving as a blessing to Nigeria, the reverse has far been the case. The situation is much worse in the Niger Delta region, which shoulders the burden of oil exploration and exploitation on the much limited land space. The most devastating effects of oil exploitation on the region are the increasing threats of environmental and social damage in the area, which manifest in various forms. Due to incessant oil spillages the people of the region have been deprived of their main sources of livelihood, which is farming and fishing. This is because oil spills have inflicted unimaginable levels of damage on farmlands and rivers such that soil nutrients and aquatic resources could hardly be sustained.3 Premo captures the negative impacts of oil exploitation on the Niger delta citizens rather than the reasonably expected dividends of black gold when he stated thus: “World attention shifted to the Niger Delta as oil rigs, wells and exploration activities eroded the territory, the initial excitement that greeted the discovery of oil in commercial quantity in the modest community of Oloibiri, soon died down. Exploration came with exploitation and like early colonialists into Africa, the Western oil companies noticed the Euphoria of the rural populace. For a little carrot of a ferry terminal or jetty, millions of dollars’ worth of oil was taken from their land. And then one day, the people woke-up to the reality that rather than peace and joy, the black gold had brought sorrows and tears to their land... their dreams died in their strides”4. 1.1. BACKGROUND OF STUDY 1 Human Rights Violations Investigation Commission, Synoptic Overview of HRVIC Report: Conclusions and Recommendations, Abuja: HRVIC, May 2002. 2 Okonjo-Iweala, Ngozi, Soludo, Charles C and Muhtar, Mansur , „Introduction: The Debt trap in Nigeria: Towards a sustainable Debt Strategy” Trenton, NJ: Africa World Press, 2003, P. 1. 3 Between 1976 and 1999 about 3,000 oil spill incidents were reported by the oil companies operating in Nigeria, which is over 2 million barrels of oil spilled into the country‟s marine environment. Agbu, Osita, “Oil and Environmental Conflicts”, in Saliu, Hassan A. (ed.), Nigeria under Democratic Rule, 1999-2003, volume 2, Ibadan University Press, 2005,Pp82-83. 4 Premo, D., “Niger Delta Seating On a Time Bomb”, 1978. Over the years, given the government‟s awareness of the environmental and social impacts of oil exploitation in the Niger Delta region and in response thereto, legislative frameworks and institutional structures have been put in place, in order to minimize the impacts of oil exploitation in the region. The legal framework includes the Constitution of Nigeria5 which is the grundnorm of the country, the National Oil Spill Detection and Response Agency (Establishment) Act6, the Oil in Navigable Waters Act7, Petroleum Regulations8, Environmental Impact Assessment Act9. The institutional framework for minimizing the impact of oil exploitation include: The Niger Delta Development Commission, The Ministry of Niger Delta, The National Oil Spill Detection and Response Agency, Nigerian Maritime Administration and Safety Agency, Nigerian Ports Authority, The Amnesty programme of the Federal Government of Nigeria for Niger Delta activities, among others. 1.2. STATEMENT OF PROBLEM The Niger Delta region is faced with environmental and social problems as a result of oil exploitation. The region, which should reasonably display a lot of positive societal benefits, ironically seems to be the least developed despite the fact that the nation depends solely on it for its wealth. 1.3. OBJECTIVE OF STUDY The objective of this research is to review and appraise the different approaches put in place to minimize environmental and social impacts of oil exploitation in the Niger Delta region of Nigeria. 1.4. SIGNIFICANCE OF STUDY The study exposes the problems associated with oil exploitation in the Niger delta region. It will create an awareness of the laws and respective government and corporate strategies put in place for the protection of the region from the impacts of oil exploitation. 1.5. SCOPE AND LIMITATION OF STUDY The scope of this research revolves around the legal and institutional framework put in place to minimize the environmental and social impacts of oil exploitation in the Niger Delta region of Nigeria. 1.6. DEFINITION OF TERMS A. APPROACH The Oxford Advanced Learner‟s Dictionary10 defines approach as a way of dealing with somebody or something. It is also defined as ideas or actions intended to deal with a problem or situation11. B. ENVIRONMENT 5 Constitution of Federal Republic of Nigeria (as amended) 1999. 6 National Oil Spill Detection and Response Agency (Establishment) Act, 2006. 7 CAP 06, Laws of the Federation of Nigeria LFN 2004. 8 LFN 71 of 1967. 9 CAP E12, LFN, 2004. 10 Hornby, A.S et al (Ed), Oxford Advanced Learner‟s Dictionary of Current English (Sixth edition), Oxford University Press. 2000, P. 47. 11 <www.freeonlinedictionary.com>. Accessed 27th April,2016. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 222 The environment has been defined as the surrounding or conditions in which a person, animal or plant lives or operates.12 It is also defined as including water, air, soil, flora and fauna.13 The New Zealand Environment Act of 1986 defines the environment as including: a. ecosystems and their constituent parts; b. all natural and physical resources c. the social, economic, aesthetic and cultural conditions which affect the environment or which are affected by changes to the environment.14 C. ENVIRONMENTAL IMPACT This is the possible adverse effect caused by a developmental, industrial or infrastructural project or by the release of a substance on the environment.15 It is also the effect that the activities of people and businesses have on the environment.16 D. SOCIAL IMPACT This could be defined as the effect of an activity on the social fabric of the community and wellbeing of individuals and families.17 E. MINIMIZE According to Oxford Advanced Learner‟s Dictionary, Minimize means to reduce something especially something bad, to the lowest possible level.18 F. OIL EXPLORATION This is the search by petroleum geologists and geophysicists for hydrocarbon deposits beneath the earth‟s surface such as oil and natural gas.19 G. NIGER DELTA REGION OF NIGERIA The Niger Delta region is situated at the apex of the Gulf of Guinea on the west coast of Africa20 and on the Nigeria‟s South-South 12 Available at< http://www.oxforddictiionaries .com/definition/English/environment>. Accessed 27 April 2016. 13 Section 1(2) of the English Environment Protection Act 1990, defines the environment as consisting “of all, or any, of the (media) the air, water and land, and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground”. 14 Thomas, P. “International Bar Association (IBA), Environmental Liability”. Environmental Audit: Insurance; Indemnities and Proposals for Reform in New Zealand Environmental law, P. 355. 15 <http://www.businessdictionary.com/definition/Environmenta l -impact.html.> Accessed 27th April, 2016. 16 <http://dictionary.cambridge.org/dictionary/english/environm ental impact.> Accessed 27th April, 2016. 17 <http://www.Businessdictionary.com/definition/socialimpact.html. >Accessed 27th April, 2016. 18 ibid p. 747. 19 <http://en.m.wikipedia.org/wiki/Hydrocarbon-exploration.> Accessed 27th April, 2016. geopolitical Zone. The Niger Delta, which is home to about 31 million people,21 occupies a total area of about 75,000km2 and makes up 7.5% of Nigeria‟s land mass. The Region‟s environment can be broken into four ecological zones: costal barrier islands, mangrove swamp forests, fresh water swamps and lowland rain forests. The ecosystem contains a high concentration of biodiversity. It has arable terrain that can sustain a wide variety of crops and economic trees. It also has more species of freshwater fish than any ecosystem in West Africa. The region has the largest mangrove forests in Africa and the third largest in the world. Historically, the Niger Delta consists of present day Bayelsa, Delta and Rivers States. However in the year 2000, the Nigerian Government redefined the Niger Delta Region to include Abia, Akwa Ibom, Cross River, Edo, Imo and Ondo States. Therefore this region consists of nine (9) oil-producing states namely Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Imo, Ondo and Rivers.22 The region is made up of 185 Local Government Areas, with about 40 different ethnic groups speaking some 250 dialects. 1.7. HISTORY OF OIL EXPLORATION IN NIGER DELTA Oil exploration in the Niger Delta region of Nigeria commenced in 1946 after World War II and Shell D‟Arcy drilled a number of oil exploratory wells in 1951. At the initial stage, Shell D‟Arcy (later Shell – British Petroleum) enjoyed a complete monopoly of oil exploration for a considerable long period (1938-1955). Thereafter, Mobil Producing (Nigeria) Limited, a subsidiary of American Socony – Mobil Oil Company, obtained license to explore for oil and began operations in Nigeria in 1955 under the name Mobil Exploration Nigeria Incorporated (which was later incorporated as Mobil producing Nigeria on June 16, 1969). The first commercial oil discovery in the region was discovered at Oloibiri, in the present day Ogbia Local Government Area of Bayelsa State in January 1956 by Shell D‟Arcy and a second oil field was later discovered at Afam in Rivers State. In February 1958, Shell British Petroleum (now Royal Dutch Shell) started exporting crude oil produced from Oloibiri and Afam.23 The Bomu Oil Field which is presently in Khana Local Government Area of Rivers State was discovered in 1958. It produces an estimated recovery of 311 billion of barrels (BB) of oil and a total of 608 billion of barrels of oil equivalence (BBOE) including gas.24 Following the dominance of the Nigerian economy by the petroleum sector, the concession policy was abandoned and 20 Doust, H., “Petroleum geology of the Niger Delta”, Geological Society, London Special Publications 1990, p. 365. 21 Tom, O., “Curse of the black Gold: Hope and Betrayal on the Niger Delta”.< National Geographic online, ngm. National geographic com/2007/02/Nigerian-oil/oneil-text>. Accessed 28th April, 2016. 22 Section 30 Niger Delta Development Commission (Establishment) Act 2000. 23 Pearson, S. R., “Petroleum and the Nigerian Economy”. Stanford University Press, 1970.. <http://pubs.Sciepub.com/env/1/4/2> Accessed 27th April, 2016. 24 Vassiliou, S., “The A to Z of the Petroleum Industry”. Scare crow Press, 2009. <http://pubs.Sciepub.com/env/1/4/2> Accessed 27th April, 2016. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 223 exclusive exploration right was introduced to encourage other multinational oil companies aimed at accelerating petroleum exploration and production. Other multinational oil companies joined oil and gas exploration in Nigeria in 1961, and these include Agip, Mobil, Safrap (now ELF), Texaco and Chevron. Some of the multinational oil companies recorded considerable successes in oil and gas exploration and production in both onshore and offshore fields in the Niger Delta.25 1.8. METHODOLOGY The methodology is basically research based. The primary sources of information are textbooks of Nigerian and foreign authors, Newspapers, relevant statutes, law journals, law reports and judicial decisions while secondary sources of information are online articles. 2.0. INTRODUCTION Oil exploration and exploitation has been on-going for several decades in the Niger Delta. It has had disastrous impacts on the environment in the region and has adversely affected people inhabiting that region. The oil industry located within the region has contributed immensely to the growth and development of the country but unsustainable oil exploration activities has rendered the Niger Delta region one of the five most severely damaged ecosystems in the world. The region has also been facing social and ecological risks, which have found expression in the people‟s struggle and in the violence that has characterized the region in recent times1. Oil exploitation has a serious implication on the immediate environment as it impoverishes both ecological and socioeconomic environments causing environmental devastation, economic poverty and constant conflict and so on2; which has eroded on the quality of life of people in the Niger Delta region. This chapter reviews the various impacts of oil exploration in the Niger Delta region ranging from environmental economic, health and socio-cultural impacts respectively. 2.1. ENVIRONMENTAL IMPACT The World health Organization noted that “the environment is considered polluted when it is altered in composition or condition directly as a result of the activities of man so that it becomes less suitable for some or all of the uses for which it would be suitable in its natural state”.3 Environmental impact of petroleum investments is noticeable in all the phases of oil and gas exploration.4 The specific environmental effects of oil exploitation in the region is discussed here under: A. OIL POLLUTION 25 Nigerian National Petroleum report, 2005, p.1-2. 1 Ashton – Jones, N.S.A & Douglas O. “The Human Ecosystems of Niger Delta”. An Environmental Risk Assessment (ERA) handbook, Benin City. 1998. 2 Human Rights Watch: “The Price of Oil Corporate Responsibility and Human Rights Violations in Nigeria‟s Oil Producing Communities”, London.1999. 3 Fekumo, J. F., “Oil Pollution and the Problems of Compensation in Nigeria”. F & F publishers, Port Harcourt, 2001, p.1. 4 Worika, I. I., “Environmental Law and Policy of Petroleum Development”. Ampez Centre for Environment and Development, Port Harcourt. 2002, p.36. Oil pollution is a pollution caused by a leak or discharge of oil, typically from a ship. Oil spillage is the most common incidence of oil pollution. Constitutional Rights project defines oil spills as uncontrolled releases of any product relating to oil production including crude oil, chemicals or waste caused by equipment failure operation mishaps, human error, or intentional damage to facilities.5 Oil spillages occur during the drilling of oil wells; as a result of oil pipeline leakages, and during the loading of oil into tankers.6 A report records that a total of 6,817 oil spills occurred between 1976 and 2001, with a loss of approximately three million barrels of oil.7 Massive oil spills occurring in the riverine areas of the Niger Delta region have done untold damage to the aquatic ecosystem, particularly in the mangrove swamp forest zone.8 The region has experienced a number of catastrophes from oil blow outs and examples of oil spillage in the region include blowouts and pipeline leakages from the Shell – British Petroleum Bomu II well blow out of 1970 and the Nigerian Agip Oil Company Oyakama pipeline leakage of 1980.9 Oil spills discharge in the Niger Delta have resulted in adverse effects on land, freshwater swamps and the marine environment as well as potential threats to human health in the affected host communities.10 Defoliation and mortality of the mangroves have been observed in swamps affected by oil spills.11 When oil spillage occurs onshore or near shore, the soil and other components of the terrestrial ecosystem are inevitably affected.12 5 Constitutional Rights project (CRP): “Oil and Human Rights in Nigeria‟s Delta”, Lagos, 1999. 6 Adewuyi, A. O. “The Implications of Crude Oil Exploration and Export on the Environment and Level of Economic Growth and Development in Nigeria”. A paper presented at Nigerian Economic Society Annual Conference. See proceedings, 2001, Pp 119-145. 7 United Nations Development Programme (UNDP): Niger Delta Human Development report Garki, Abuja: UN House, 2006. 8 Orubu, C. O., Odusda, A. and Ehwarieme, W., “The Nigerian Oil Industry: Environmental Diseconomies Management Strategies and the Need for Community Involvement”. Humanities and Ecological, 2004, Volume 16, No.3, Pp 203 – 214. 9 Daniel-Kalio, L. A., and Solomon, A. B., “The Impact of Accidental Oil Spill on Cultivated and Natural Vegetation in a Wetland Area of Niger Delta, Nigeria”. Ambio, 2002 volume 31, No:5, Pp 441 – 442. 10 Aniefiok, E. I. et al, “Petroleum Exploration and Production: Past and Present Environmental Issues in the Nigeria‟s Niger Delta”. American Journal of Environmental Protection, 2013, Vol. 1, No. 3, pp. 78-90. <http://pubs.Sciepub.com/env/1/4/2/index html. > Accessed May 23, 2016. 11 Linden, O., and Jernelev, A., “The Mangrove Swamp: an ecosystem in danger”, Ambio (Sweden) 1980, Volume 9, No:2, Pp 81 – 88. 12 Osuji, L. C., and Opiah, U., “Hydrocarbon Contamination of a Terrestrial Ecosystem: The case of Oshire 2 Oil Spill in Niger Delta, Nigeria”, The Environmentalist, 2007, Volume 27, No. 3, Pp – 337 – 340. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 224 Oil pollution have disastrous implications on the agricultural productivity of the affected area and multiplier effects on the socioeconomic wellbeing of the people of the Niger Delta.13 B. GAS FLARING (ATMOSPHERIC IMPAIRMENT) Gas flaring is the deliberate burning of natural gas. Natural gas is a naturally occurring hydrocarbon gas mixture consisting primarily of methane, but commonly including varying amounts of other higher alkanes, and sometimes a small percentage of carbon dioxide, nitrogen, hydrogen sulfide, or helium.14 The World Bank shows that gas flaring has been known to be the singular highest contributor to the problem of global warming or global climate change.15 Flaring of associated gas mainly emits carbon dioxide (Co2), carbon monoxide (Co) and a variety of air pollutants such as nitrogen oxides (Nox), sulphur dioxide (So2), toxic heavy metals and black carbon soot.16 Gas flaring in the Niger Delta region contributes to atmospheric pollution in the region.17 Nigeria has over 123 flaring sites in the Niger Delta region and has been regarded as one of the highest emitter of greenhouse gases in Africa.18 About 45.8 billion kilo watts of heat are discharged into the atmosphere of the Niger Delta from combustion of 1.8 billion cubic feet of gas everyday.19 Gas flaring has negative impact on the environment as it affects plant growth, wildlife and human begins. In the case of GBEMRE v S.P.D.C & ORS,20 JUSTICE C. V. NWOKORIE ruled in Benin City that the damaging and wasteful practice of gas flaring by all the major companies including Exxon Mobil, Chevron, Texaco, Total and Agip, as well as Shell, in Joint Ventures with the Nigerian National Petroleum Corporation, cannot lawfully continue and must stop. The suit was brought by Mr. Jonah Gbemre, on behalf of himself and the Iwerekan community in Delta State to stop the defendant companies from flaring gas in the community. According to the Court the toxic substances that have been emitted in the flares for over 50 years, including benzene and particulates 13 Osuji, L. C., and Adesiyan S. O., “Extractable Hydrocarbons, Nickel and Vanadium contents of Ogbodo Isiokpo Oil Spill Polluted Soils in Niger Delta, Nigeria.” Environmental Monitoring and Assessment, 2005, Volume 110, No:3, Pp. 129 – 139. 14 < http://en.wikipedia.org/wiki/natural gas>. Accessed May 23, 2016. 15 World Bank “Defining an Environmental Development for the Niger Delta”, World Bank Washington D. C. 1995. 16 Aniefiok, E. I. et al, op cit. 17 Ajao, E. A., Anurigwo, S., “land-based Sources of Pollution in the Niger Delta, Nigeria,” Ambio: A Journal of the Human Environment, 2002, Volume 31, No:5, Pp 442 – 445. 18 Uyigue, E., Agho, M., “Coping with Climate Change and Environmental Degradation in the Niger Delta of Southern Nigeria”, Community Research and Development, Centre Benin City, 2007. 19 Agbola, T., and Olurin T., “Land Use and Land Cover Change in the Niger Delta”, Excerpts from a Research Report Presented to the Centre for Democracy and Development, 2003. 20 (2005) AHRLR 151. have exposed Niger communities to health risks and property damage, with attendant human rights implications. This exposure is a violation of the constitutionally guaranteed human rights i.e. - the right to life21 and right to dignity of person.22 It also violates the rights guaranteed in the African Charter on Human and people‟s Rights, for instance, the right of every individual to enjoy the best attainable state of physical and mental health23 and the right of all peoples to a general satisfactory environment favorable to their development.24 C. LAND DEGRADATION AND DEFORESTATION Vegetation in the Niger – delta is comprised of mangrove forests, brackish swamp forests and rain forest. The large expanses of mangrove forests are estimated to cover approximately 5,000 to 8,580km2 of land.25 Mangroves remain very important to the indigenous people of Niger Delta as well as to the various organisms that inhabit the ecosystems. Oil exploitation activities have destroyed the extensive mangrove forest in the Niger Delta region. It has depleted biodiversity and extensive land degradation and forest deforestation are caused by oil induced fire and pollution on the environment. A number of oil induced fire outbreak has occurred in the Niger Delta leading to deforestation and destruction of farmland such as the Jesse fire incident that occurred in October 17,1998 which not only destroyed farm lands but killed people of the community.26 Also another fire incident occurred in September, 2004 in Okrika Community, Rivers State which lasted for three days destroying plants and animals inhabiting the affected area.27 2.2. ECONOMIC IMPACT The alluvial soil of the Niger Delta region coupled with an abundant stream of fresh and salt-water bodies provide the necessary livelihoods for the people of the region who are mainly, farmers and fishermen.28 LOUBSER defined livelihood as the totality of means by which people secure a living, have or acquire in one way or another, the requirements of survival and the 21 Section 33 of Constitution of the Federal Republic of Nigeria 1999 (as amended). 22 ibid Section 34. 23 Article 16 of the African Charter on Human and Peoples Rights, CAP 10 LFN 1990. 24 ibid. Article 24. 25 Oil Spill Intelligent Report “How does it spill”, Arlington, M. A. U.S.A, 1978 Available at <(www.waa.doo.org).> 26 Eregha, P. B., Ikighe, I. R. “Oil Induced Environmental Degradation in the Nigeria‟s Niger Delta: The Multiplier Effects”. Journal of Sustainable Development in Africa, 2009, Volume 11, No. 4, p. 165. 27 Zabbey, N., “Impacts of Extractive Industries on the Biodiversity of the Niger-delta Region, Nigeria”. Eleme. Centre for Environment, Human Rights and Development. 2005. 28 Zabbey, N., “Impacts of Oil Pollution on Livelihoods in Nigeria” – paper presented at the Conference on Petroleum and Pollution – How does that Impact Human Rights? Coorganised by Amnesty International, Forum and Friends of the Earth, Sweden, Stockholm, 27th April, 2009, p. 3. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 225 satisfaction of needs as defined by the people themselves in all aspects of their lives.29 According to a report on Niger Delta Human Development30, the environment is very important for the Niger Delta people where most of the populace depend on the natural environment whether living or non-living for livelihoods. Following environmental pollution and degradation caused by oil exploration activities such as drilling, oil spillage and gas flaring, farming activities of the people have been disastrously affected. This has resulted in poor income revenue yield to the people of the region.31 Arable farmlands have been lost to oil pollution as sizable farmlands in the region have been rendered, barren due to oil spillage and leakages.32 Cash and subsistent crops have had a fair share of defoliation as a result of constant oil spillage and toxicity of the soil.33 As a result of this the food chain has been partially truncated by hybrid crops that are an imitation of their former selves.34 Thus, yam tubers have become unusually small and even sweet varieties of yam have become everything but sweet.35 Aquatic life has not fared much better, certain species of fish have migrated and others have become nearly extinct as a result of oil spillage and industrial waste effluents that are indiscriminately disposed in the swamps and bodies of water in the region.36 When oil spillage occurs, it has to be cleaned up using some designated chemical, while the use of this chemical is legal, reckless use of it renders the soil infertile for agricultural purpose and damages crops and marine life.37 Extensive mangrove area in the region have been converted for one form of oil facility or the other and even degraded by oil pollution. The region has the largest mangrove in Africa and mangroves in the region provide coastal communities with ecosystem goods like sea food and fire wood.38 29 Loubster, J. “Sustainable Livelihoods: a Conceptual Exploration” paper Presented at the workshop of Civil Society, Sustainable Livelihoods and Women in Development. Malaysia, 6 – 9 November, 1995. 30 United Nations Development Programme: Report on Niger Delta human Development, Abuja 2006. Available at <Undpifoundation.org/images/research reports/reports/Economic – opportunities – Reports. Pdf.> Accessed 19th May, 2016. 31 Ogbonnaya, U. M. “Environmental Law and Underdevelopment in the Niger Delta Region of Nigeria” International Multidisciplinary Journal, Ethiopia, Volume 50, No: 22, October 2011, p. 75. 32 Nick, A. J. et al, “The Human Ecosystems of the Niger Delta”. Environmental Rights Action Handbook, Lagos, 1994, p.44. Available at < http://www.essential action.org/shell issues.Htm.> Accessed 19th May, 2016 33 Oshwofasa, B. O., Anuta, D. E., Aiyedogbo J. O.,“Environmental Degradation and Oil Industry Activities in the Niger Delta Region”. African Journal of Scientific Research, Volume 9, No. 1, 2012, p. 449. 34 ibid. 35 ibid. 36 ibid. 37 Amadi, S. N. and Tamuno, S. O., “Oil Exploration in Nigeria; It‟s Socio-Economic Impact on the Oil Bearing Communities”. Tiber, 1999 Volume 3 No. 1. 38 Zabbey, N. op cit Mangroves are strong livelihood support base for the people of Niger Delta.39 With the destruction of the main source of income and productive activities of the region, one of the economic concerns of the region is the increased rate of unemployment,40 which has led to migration. There is also a high level of poverty in the region. This is because the means of livelihood of the Niger Delta people, which is basically farming and fishing has been severely affected therefore leading to unemployment, which means the people cannot afford basic necessities of life. Poverty can be defined as the inability of certain persons to attain a minimum standard of living.41 Poverty means that significant numbers of people are living in intolerable conditions in which starvation is a constant threat, sickness is a familiar companion and oppression becomes a fact of life.42 The people in this region are poor and hungry not because there is no food but because they cannot afford to buy it43 due to oil exploration activities. The cost of living in the region is relatively high. A practical example is Rivers State which has one of the highest cost of living in Nigeria.44 Based on the World Bank Report,45 the GNP per capita in the Niger Delta region is below the national average of US $280 which is described as poor. The incidence of poverty in the region has tremendously increased after the oil boom. Poverty has become a way of life due to economic stagnation, malnutrition poor quality of life, unemployment as well as unhealthy environment in the region. There is also the problem of underdevelopment in the region. Underdevelopment can be defined as: 39 Zabbey, N., “Shrimp Farming in Nigeria: Implications for Mangroves and Rural Livelihood in the Niger Delta”. In ERA (quarterly magazine of Environmental Rights Action/Friends of the Earth Nigeria) May – August 2008, p. 19 – 21. 40 Okoh, R. N. and Egbon, P. C. “Fiscal Federation and revenue Allocation: The Poverty of the Niger Delta in Aigbokan. Fiscal Federalism and Nigeria‟s Economic Development Selected papers of the 1999 Annual Conference of the Nigerian Economic Society Ibadan. 41 World Bank Development Report, 1995 – Available at <http://siteresources. Worldbank.org/INTPOVERTY/Resources/WDR/Stiglitz/Odu ro.pdf.> Accessed 20th may, 2016. 42 Available at < Unstats.un.org/unsd/methods/poverty/evolution of Thinking-about. Poverty % 20 Kanbure % 20 Sept % 20 1999. Pdf.> Accessed 20th May, 2016. 43 Eregha, P. B. “The Socio-Economic Effects of University Graduates in Nigeria”. Unpublished B.Sc (ed) Project. University of Ado-Ekiti, Nigeria. 2001. 44 Available at <www.nairaland.com/1813194/8-mostexpensive-cities-nigeria> Accessed 20th May, 2016. 45 World Bank Report “Defining an Environmental Development Strategy for the Niger Delta”. Vol. 2, 1995. Available at <www.focusnigria.com/niger-delta.htm.> Accessed 20th May, 2016. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 226 “Inability, failure, refusal or structural prevention of a people to use existing mental, physical and material resources available to society at a given time and space to bring about both qualitative and quantitative improvement in standard of their lives”.46 The World Bank in its 1995 Report, depicted the height of the peoples' problems when it described the region in the following words. “The Niger Delta has been blessed with an abundance of physical and human resources, including the majority of Nigerian’s oil and gas deposits, good agriculture land, extensive forests, excellent fisheries as well as developed labour force, and a vibrant private sector. However, the region’s tremendous potentials for economic growth and sustainable development remains unfulfilled and its future is threatened by deteriorating economic conditions that are not being addressed by present policies and actions. Education levels are below the national average and are particularly low for women. While 76 percent of Nigerian children attend primary schools, this level drops to 30% in some parts of the Niger Delta”.47 The Niger Delta region paints a picture of a region suffering from chronic underdevelopment in the midst of wealth. This situation is also captured by the United Nations Development Programme in the following words: “Life expectancy is falling in an age of blockbuster oil prices. Energy availability is poor in a region that provides one-fifth of energy needs of the United States. There is an almost total lack of roads in a region whose wealth is funding gigantic infrastructural development in other parts of Nigeria and expensive peace keeping activities in other parts of Africa”.48 The Niger-Delta region remains the most deprived region in the nation lacking in basic infrastructure such as good road network, good schools, potable water and health care facilities. The lack in basic social amenities or infrastructure has led to low life expectancy, high infant mortality rate, high level of illiteracy and unemployment among the people of the region.49 2.3. HEALTH IMPACTS OF OIL EXPLOITATION The World Health Organization in 1948, defined health as a state of complete physical, social and mental wellbeing and not merely the absence of disease or infirmity. In most traditional societies, people are said to be healthy when their spiritual, physical, mental, social or moral wellbeing are properly blended, permitting them to 46 Ekanem, O., “The Dialectics of Underdevelopment and Instability in Africa”, Calabar journal of Politics and Administration 2001, Volume 1, p. 53. 47 World Bank Report “Defining an Environmental Development Strategy for the Niger Delta” 1995. Vol 2, Available at < www.focusnigeria.com/niger-delta.htm.> Accessed 20th May, 2016. 48 United Nations Development Programme: Niger Delta Human Development Report, Abuja, 2006. Available at <Unpifoundation.org/images/research reports/Economic – Opportunities – reports.Pdf> Accessed 20th May, 2016. 49 Ogbonnaya, U. M., op cit carry out their day to day activities according to the customs and traditions of their community.50 The health effects associated with oil exploration and exploitation activities include:  Exposure to drilling wastes;  Oil spillages; and  Gas flaring. A. THE HEALTH IMPACT OF EXPOSURE TO DRILLING WASTES Drilling waste and other waste products of oil exploitation activities have been found to contain aromatic hydrocarbons, including heterocyclic chemicals that can mimic hormones, bactericides, soluble chromates, mercury and naturally occurring radioactive materials commonly found in underground geologic deposits and frequently brought to the surface during the drilling of oil well.51 Health impacts of exposure to the chemicals contained in drilling wastes include increased risk of spontaneous abortion,52 increased risk of infertility,53 menstrual irregularities due to exposure to endocrine disrupters such as polyaromatic hydrocarbons and alkyl phenols.54 There is also the increased risk of cancer.55 B. HEALTH IMPACT OF GAS FLARING The disposal of natural gas through flaring is disastrous to human and animal health. Gas flaring within the Niger Delta region generates heat, which is felt over an average radius of 0.5km, thereby causing thermal pollution in the region.56 The high temperatures around the gas flares sites are indications that gas 50 Best O., “The Health Impact of Oil Exploration and Exploitation in the Niger Delta Region” – A Lecture delivered at the 2008 Annual General Meeting of the National Association of Resident Doctors of Nigeria, Port Harcourt. P.20. ISBN 978 – 900 2108. 51 ibid. P. 21. 52 San, S. M., Armstrong M., Stephens C., “Outcome of Pregnancy among Women Living in the Proximity of Oil Fields in the Amazon Basin of Ecuador”. International Journal Occup Environment Health. 2002. Vol 8, P. 312 -319. 53 Obidike P. R., Maduabuchi I. U., Olumuyiwa S. S., “Testicular Morphology and Cauda Epididymal Sperm Reserves of Male Rats Exposed to the Nigerian Qua Iboe Brent Crude Oil”. Journal of Vertinary Science, 2007, Vol 8, P. 1-5 54 Epstein P. R., Selber J., Oil “A Life Cycle Analysis of its Health and Environmental Impacts”. Boston M. A. The Centre for Health and the Global Environment, Haward Medical School, 2002. 55 Hurtig A. K., San S. M., “Geographical Differences of Cancer Incidence in the Amazon Basin of Ecuador in Relation to Residency Near Oil Field”. International Journal of Epidemiol 2002, Vol 31, P. 1021 – 1027. 56 Ikelegbe, O. O., “Pollution in Nigeria Causes, Effects and Control The Case of Delta State” Paper presented at the 30th Annual Conference of the Nigerian Geographical Association held at the Federal University of Technology, Minna, Nigeria on 18-22 April, 1993. P. 7. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 227 flaring has created a distinct microclimate.57 Some of the gaseous pollutants released into the atmosphere such as carbon monoxide, chlorine, nitrogen, sulphur oxides, acid across, beryllium are noted for causing headaches, heart problems depending on the pollutants.58 The leaders of Warri Women Protest of 2001 traced the prevalence of respiratory diseases and eye abnormalities to unrestrained gas flaring by oil companies in the region.59 Gas flaring can cause skin damage, bronchial systems in children and has been implicated in the pathogenesis of skin tumours as well as chromosomal disorders.60 C. HEALTH IMPACT OF OIL SPILLAGE The discharge of oil and gas into the environment often expose human population around the contaminated area of the Niger Delta region to potentially dangerous toxic substances. Acute exposures to aromatic carbons, which are common constituents of oil, are known to cause respiratory symptoms.61 Increasing evidence mainly from oil spill, suggests that human population exposed to risks may experience long term respiratory effects and chromosomal damage.62 Gas flaring can cause skin damage, bronchial symptoms in children and has been implicated in the pathogenesis of skin tumours as well as chromosomal disorders. Evidence of acute exposure to oil spill around the world demonstrate the potential adverse health effects associated with petroleum. Some host communities like the Ogoni people have suffered from significant environmental degradation and health impacts including increase in respiratory diseases and cancer cases.63 According to United Nations Environment Programme,64 the health of several Ogoni Communities has been severely compromised as 57 Alakpodia, I. J. “Effects of Gas Flaring on the Microclimate and Adjacent Vegetation in Isoko Area of Bendel State”, (Unpublished M. Sc Thesis, University of Ibadan) 1990 58 Kaladumo, C. O. K., “The Implications of Gas Flaring on the Niger Delta Environment”, Paper presented at the 8th International Seminar on the Petroleum Industry and the Nigerian Environment, Port Harcourt, 18-21 November 1996, P. 29. 59 Oshwofasa, B. O., Anuta, D. E., Aiyedogbon J. O. op cit. 60 Aniefiok, E. I., et al. op cit. 61 Lyons, R. A., Temple, J. M., Evans D., Fone, D. L., and Palmer S. R., “Acute Health Effects of the Sea Empress Oil Spill” Journal of Epidemiology and Community Health, 1999, P. 306-310. 62 Zock, J. P., et al “Prolonged respiratory Symptoms in Cleanup Workers of the Prestige Oil Spill” American Journal of Respiratory and Critical Care Medicine, 2007. Pp. 610-616. 63 Blankson, I., “Public Relations in Sub-Saharan Africa,” Global Public Relations Spanning Borders, Spanning Cultures, A. R. Freitang and A. Q. Stokes (eds) London, Pp 178 – 205. 64 United Nations Environment Programme Environmental Assessment of Ogoni Land, Nairobi, Kenya, 2011. Available at < http//pubs. Sciepub.com/env/1/4/2.> Accessed 29th April, 2016. a result of surface and groundwater contamination associated with petroleum exploration and production operations. There is high probability for a wide range of toxic responses in the region including behavioural abnormalities, respiratory diseases, suppressed growth, induced or inhibited enzyme, adverse physiological responses, blood disorders, negative reproductive outcomes, reduced immunity to disease and parasites and cancers of the various organs.65 Research has shown that pollution caused by oil spillage does not end with the mopping up of the spilled oil. Health risk is not averted by abstinence from fish killed by spilled oil. Some of the fishes and animals that escape instant death from pollution are known to have taken in some toxic substances, which in turn get into human beings that eat them. This will in turn cause infections on man coupled with other side effects, which are in form of genetic mutations. 2.4. SOCIO-CULTURAL IMPACT The Niger Delta Region has experienced a multitude of conflicts ranging from intra-community to inter-community as well as communities and oil company conflicts. Social unrest is the order of the day in the region and most of the conflicts lead to loss of lives and destruction of properties of the people. The region is also experiencing various forms of hostage taking for financial and political gain which is as a result of the rise of various militant groups, which in their bid to obtain a share of the dividends of oil wealth have resorted to acts of adduction, hostage taking, sabotage against oil installations, kidnapping and extrajudicial killings. The apparent disregard which greeted the feelings of expression by the citizens requests to have a fair share in the oil explored and exploited in the region led to agitations by the Niger Delta people. At first, the people began with peaceful protests and demonstrations, media and publicity and litigation.66 Beginning from the 1990s, the struggle for environmental security and the development of the region began to assume horrendous magnitude as it was effectively radicalized.67 The Ogoni uprising championed by the Movement for the Survival of the Ogoni People (MOSOP) could be taken as the first major attempt to radicalize the struggle.68 The MOSOP struggle was predicated upon the Ogoni Bill of Rights issued in 1990 the main demand of which was the political control of Ogoni affairs by Ogoni people.69 Also, on December 11, 1998, youths meeting at Kaiama, Bayelsa State, formed an Ijaw Youth Council (IYC) and adopted a declaration on the struggle for the control of oil mineral resources 65 Nriagu, J., “Oil Industry and the Health of Communities in the Niger Delta of Nigeria”, Encyclopedia of Environmental Health, O. N. Editor-in-chief. Jerome, ed. 2011. Pp 240-250. 66 Omotola, S. J., “Oil and the Litigation Issues in Nigeria” in Jimoh, Ibah H. (ed). Oil and the Nigerian Environment, IIorin, 2006. 67 Shola O., “The next gulf? Oil Politics, Environmental Apocalpse and Rising Tension in the Niger Delta”. Occasional paper series: Vol 1, No: 3,2006, p. 12. 68 ibid P. 13. 69 Osaghae, E. E., “The Ogoni Uprising: Oil Politics, Minority Agitation and the Future of the Nigerian State”, African Affairs, Vol 94, No: 376, Pp 323 – 344. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 228 while asserting that the degradation of the environment of Ijaw Land by Transnational oil companies and the Nigerian State arise mainly because Ijaw people have been robbed of their natural rights to ownership and control of their land and resources.70 This is known as the Kaiama Declaration. The Niger Delta people have seen little benefit from the revenue derived from the export of about two million barrels of oil a day, and yet they have suffered the adverse consequences of oil production, including environmental degradation,71 this has led to the emergence of militant groups in the region.72 The activities of the militant groups have been very violent. This violence has been aggravated by the availability of deadly weapons such as AK-47 rifles.73 In the words of PROFESSOR GEORGE J. FRYNAS, a specialist on oil and environmental politics in Nigeria, “the Niger Delta is awash with weapons”.74 The region has also become a harbour for the proliferation of small arms and light weapons which the militants have used on different occasions. On 24 January 2006, gunmen dressed in police uniforms killed nine people in a raid on an oil company‟s offices in Port Harcourt,75 this was followed by a demand for huge amounts of money as ransom before nay hostages could be released. Another dimension of conflicts or violence in the Region is inter and intra community conflicts. This may have resulted from the divide and rule tactics of the government of Nigeria in its attempt to manage crisis situations.76 This was the government‟s approach to the Ogoni uprising when it succeeded in polarizing the Ogoni into two, one for and the other against the struggle.77 For MOSOP, those opposed to the struggle were “vultures,” “saboteurs”, “collaborators” and “sell-outs”.78 Opponents viewed Ken SaroWiwa and his MOSOP not as defenders of “an oppressed people but an opportunists who after series of government sinecures belatedly championed a cause that incited violence”.79 This trend has not changed and has generated conflict among Niger Delta communities, with a lot of deaths, injuries and wanton destruction of properties into the bargain.80 70 Available at < http://www.hrw.org/reprts/1999/Niegria2/Ngria993-02.htm.> 71 Human Rights Watch, “The price of Oil: Corporate Responsibility and Human Rights Violations in Nigeria‟s Oil Producing Communities”, New York, February, 1999. 72 Movement for the Emancipation of Niger Delta, Niger Delta People‟s Volunteer force, Niger Delta Liberation Force, Egbesu Boys of Africa. 73 Shola O., op cit. 74 Frynas, G. J., Interview with BBC‟s World Today 21st, January 2006. Available at <http//www.ocaonline.co.uk/docs/marsh.> Accessed 21st May, 2016. 75 “Security Risk: Niger Delta”, Available at <http://www.ocaonline.co-uk/docs/marsh.> Accessed 21st May, 2016. 76 Shola O., op cit. 77 ibid. 78 ibid. 79 Roberts, N. Y., “The State, Accumulation and Violence: The Politics of Environmental Security in Nigeria‟s Oil producing Area”, Nigerian Institute of Social and Economic Research (NISER), Monograph Series No:17, P.39. 80 ibid. These have led to unprecedented migration of the people to foreign lands as refuges.81 In March 1996, the UN High Commission for Refugees (UNHCR) reported that 1,000 Ogoni‟s had fled to Benin since Ogoni Day. 82 Migration is also caused by the high rate of unemployment in the region. People in the rural communities in search of greener pastures have migrated to major urban cities.83 Others are searching for opportunities to re-establish trading activities as a result of the loss of farmland and water bodies to oil spill and gas flaring. In the words of ADENIYI “Nigeria‟s Oil boom has turned the petroleum producing areas to centrifugal centers of oil doom where people leave rather than live.” 84 There is also the problem of displacement of certain villages in the region which has seriously affected their socio – cultural lives. For example, the forceful displacement of Igolu Village in Isoko land as a result of massive oil spillage in 1973 at Shell‟s location 13 and 18 has posed for the villagers problem of social and cultural adjustment.85 The region has also lost societal values and traditional authority structures as militant groups now increasingly challenge traditional structures. In 2003, at Irri, Isoko local Council in Delta State, a traditional ruler was alleged to have compromised the rights of the community to Nigerian Agip Oil Company. This sparked off violence.86 Asides, the conflicts, migration, displacement of persons and loss of societal values and traditional authorities, there is also an alarming evidence of the drop in morality in the region which hitherto used various taboos to check social miscreants.87 The 81 ibid. 82 Human Rights Watch/Africa, “Nigeria: Permanent Transition”, Human Rights Watch Africa, Volume 8, No. 3, September, 1996, P.42. 83 Legborsi, S. P., “The adverse Impacts of Oil Pollution on the Environment and Wellbeing of a Local Indigenous Community: The experience of the Ogoni people of Nigeria 2007. Available at <http”//www.un.orR/esg/unpfil/…/workshop/PPE pyagbara.doc.> Accessed 21st May, 2016. 84 Adeniyi, E. O. “Environmental and Socio-economic Impacts of Oil Spillage in the Petroleum Producing areas of Nigeria” paper presented at the proceedings of the 1983 International Seminar on the Petroleum Industry and the Nigerian Environment, Lagos. 85 Eniola, O. A., Olusule, R. Agaye, G. “Environmental and Socio-Economic Impact of Oil Spillage in the Petroleum Riverine Areas of Nigeria”. A paper presented at the International Seminar on the Petroleum Industry and the Nigerian Environment 1983, Lagos, Available at <http://Afrreyjo.net/journals/multidiscipline/vol-3-num-% 20art – 9.Pdf.> Accessed 21st May, 2016. 86 United Nations Development Programme: Niger Delta Human Development Report, Abuja, 2006. 87 Victor, O., Isike, C. A., “Oil Politics in Nigeria‟s Niger Delta”. LAP Lambert Academic Publishing 2006, P. 130. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 235 d) Advise government on security issues concerning the region, e) Liaise with relevant government, non-government and private organization, f) Formulate and co-ordinate policies for environmental management in the region, g) Liaise with host communities for the enhancement of the welfare of the people and the development of the region, h) Facilitates private sector involvement in the development of the region, i) Plan and supervise public education enlightenment programmes, j) Liaise with oil companies operating in the region to ensure environmental protection and pollution control, k) Organize human capacity development as well as skill acquisition programmes for youths and women, and l) Take adequate measures to ensure peace, stability and security with a view to enhancing the economic potential of the region.8 4.3. NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (THE NOSDRA)9 The National Spill Detection Response Agency was established as an institutional framework to implement the National Oil Spill Contingency Plan, which was set up in 2006.10 The National Oil Spill Contingency plan is a blue print for checking oil spill through containment, recovery and remediation. It is a strategy for preventing loss of lives, assets and natural rsources.11 The general and special functions of NOSDRA include the following; a) Responsibility for surveillance and ensuring compliance with all existing environmental legislation and the detection of oil spills in the petroleum sector, b) Receipt of reports of oil spillages and coordinating oil response activities throughout Nigeria, c) Coordinating the implementations of the plan as may be formulated, from time to time by the federal government, d) Coordinating the implementation of the plan for the removal of hazardous substance as may be issued by the federal government. e) Undertaking surveillance, reporting, adverting, and other response activities as they relate to oil spillage, f) Encouraging regional co-operation among member States of West African sub-region and in the Gulf of Guinea for combating oil spillage and pollution in our contiguous waters, g) Strengthening the national capacity and regional action to prevent, control, combat and mitigate marine pollution, 8 < http://www.nigerdelta.gov.ng/index.php/theministry/history-of-mnda>. Accessed 1st June,2016. 9 S.1 of the National Oil Spill Detection and Response Agency (Establishment) Act, 2006 established the Agency as a body corporate with perpetual succession and a common seal, which can sue and be sued in its corporate name. 10 ibid S.5. 11 < https://cdnet.ng.org/?q=node/3164>. Accessed 1st June,2016. h) Promote technical co-operation between Nigeria and member States of the West African sub-region.12 4.4. NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY (NIMASA)13 The NIMASA is an agency14 created by statutes by the Nigerian Maritime and Safety Agency Act. With respect to the protection of the environment in the oil and gas industry, the provisions of the NIMASA Act granted NIMASA jurisdiction to regulate and promote maritime safely, security marine pollution and maritime labour.15 In pursuit of the objectives of the agency, the Act provides that the agency shall among others: a) Establish maritime training and safety standards,16 b) Provide directions and ensure compliance with vessel security measures,17 c) Carry out air and coastal surveillance,18 d) Control and prevent marine pollution,19 e) Inspect ships for the purpose of marine safety, marine security, marine labour and prevention of pollution,20 f) Generally to perform any other duty for ensuring marine safety and security or do all matters incidental to.21 4.5. NIGERIAN SECURITY AND CIVIL DEFENCE CORPS The Nigerian Security and Civil Defence Corps Act22 established the Nigerian Security and Civil Defense Corps. With respect to the functions of the Civil Defense Corps relating to the protection of the environment in the oil and gas industry, the Act provides that the Corps shall have power to arrest with or without a warrant, detain, investigate and institute legal proceedings by or in the name of the Attorney-General of the Federation against any person who is reasonably suspected to have committed an offence under this Act or is involved in any chemical poisoning or oil spillage or oil pipelines vandalization. 23 4.6. NIGERIAN PORTS AUTHORITY The Nigerian Port Authority Act24 established the Nigerian Ports Authority (NPA) The functions of the NPA in relation to environmental matters in the Niger Delta include: a) To control pollution arising from oil or any other substances from ships using the ports limits or their approaches,25 12 ibid S.7(b) – (e). 13 Act CAP N161 LFN, 2007. 14 ibid. S.3. creates the Agency. 15 ibid. S.1(ii). 16 ibid. S.22(1) (d). 17 ibid. S.22(1) (g). 18 ibid. S.22(1) (h).P 19 ibid. S.22 (1) (i). 20 ibid. S.22 (1) (2) (a). 21 ibid. S.22 (2) (f). 22 CAP N146, LFN, 2007. 23 ibid. S.3 (1) (f) (ii). 24 CAP N126, LFN, 2004. 25 ibid. S.7 (i). Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 236 b) During loading or discharge, any leakage of oil developing in the shores piping system shall be reported immediately to the chief fire officer. If the leakage is of such character that in the opinion of the chief fire officer, it constitutes a hazard. The loading or discharge shall be suspended until repairs have been made. 26 c) In the event of any oil spillage on the wharf, immediate action shall be taken by the person on the shore who is loading or discharging oil to recover the oil and to prevent its escape on the harbour waters; and the harbour master and the chief fire officer shall be notified immediately any spill takes place27. 4.7. NIGERIA POLICE FORCE The Nigeria Police is the principal Law Enforcement Agency in Nigeria28. The Nigeria Police Force is established by two statutes namely the Constitution of Nigeria29 and the Nigerian Police Force Act30. The role of the police includes the detection and prevention of crimes, arrest of offenders and the protection of law and order.31 The Police force has the power to arrest and prosecute a polluter of water or air by oil or gas.32 The Police are also to cooperate with the NOSDRA in a case of a major and disastrous oil spill and to keep order, and protect property and equipment at the scene.33 4.8. ROLE OF THE JUDICIARY IN ENVIRONMENTAL PROTECTION The Nigerian Judiciary is an arm of the government. It is vested with judicial powers to adjudicate over matters brought before it subject to defined jurisdictions as provided in the Constitution.34 By virtue of S.257(1) of the Constitution, all matters relating to minerals, mines, oil and seismic operations are within the exclusive jurisdiction of the Federal High Court to hear and determine same. This position has been judicially recognized in EMEJURU v. ABRAHAM,35 the plaintiff sued the defendant for great destruction to his plants, farmland, ancestral land marks and building during the laying of gas pipeline by the Defendant. The High Court in which the action was instituted found in favour of the plaintiff. However, on appeal, the Court of Appeal; held that the High Court had no jurisdiction to try the matter. 26 Reg. 17, Nigerian Ports Authority Petroleum Wharf (Apapa) Bye-Laws, a subsidiary legislation to the NPA Act CAP N126, LFN 2004. 27 ibid. Reg. 18, Reg. 43 and 74 Nigerian Ports Authority (port) Reg., a subsidiary legislation to the NPA Act CAP N126, LFN 2004 prohibits the discharge or escape from a ship or a place on land of oil or any dangerous or offensive liquid into the waters of a port. 28 < http://www.intepol.int/member countries/Africa/Nigeria>. Accessed 1st June, 2016. 29 S. 214(1) Constitution of the Federal Republic of Nigeria 1999 (as amended). 30 S.3 of the Nigeria Police Force Act, CAP p19, LFN 2004. 31 ibid. S.4. 32 S.245 CCA. 33 Paragraph 15(a) & (b) of the Second schedule of the NOSDRA Act. 34 S.6(1) of the CFRN 1999 (as amended) 35 (2008) 3 NWLR (PT 1075) The court‟s jurisdiction with respect to environmental protection could be invoked either by private litigation or public litigation. Private litigation is in two aspects;36 a. Actions relating to injury to private property and other personal rights and b. Public interest litigation or citizen standing. Most of the actions in the Nigerian courts with respect to environmental law with particular reference to oil pollution are founded on the injury to private or communal property and other personal rights. However, there is an insufficient number of public interest litigation in the country. Justice Uwais attributes this to a number of factors as follows: “Some of them because the greater proportion of the citizenry are obvious of the environmental damage surrounding them especially when the damage is caused by intangible process. The cost implications of legal action including the cost of procuring technical evidence and the remoteness of institutions for redress deter even those who are aware of damage. Environmental damage palliatives, which now exist, and the belief that actions instituted against polluting facilities, in which government has an interest, is perceived as an action against government itself”37 Public litigation is conducted by the State Prosecutors on behalf of the Attorney General in the enforcement of environmental laws.38 This is undertaken in the interest and benefit of the general public.39 It is common knowledge that Judges interpret and do not make the law. However Judges can and do greatly shape the essence of the law in their interpretative role. According to Lord Denning: “In theory the judges do not make law, they merely interpret it. But as no one knows what the law is until the judges interpret it, it follows that they make it”40 The goal of the judiciary should be aimed at not just interpreting the law but in doing so with a view of achieving social Justice. The Judiciary is important for the peaceful and orderly development of the society.41 The Courts have a duty to interpret and apply environmental legislations for the protection of the Niger Delta region, which has suffered serious degradation due to the impacts of oil exploitation activities in the region. In the words of Late Justice Chukwudifu Oputa of the Supreme Court of Nigeria (as he then was): “Legislators make laws in the abstract but the court deals with the day-to-day problems of litigants and 36 Uwais, M., “ Recent Development in Nigeria: Strengthening Legal and Institutional framework for Protecting the Environment from damage”, paper presented at the Global Judges Symposium, Johannesburg, South Africa, 18-20 August, 2002. 37 ibid. 38 S.150 of CFRN 1999 (as amended) . 39 ibid. 40 ibid. 41 Chianu E., “The Horse and Ass Yoked: Legal Principles to Aid Weak in a World of Unequals” Inaugural Lecture series, 91, University of Benin, September 20, 2007. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 237 attempt to use the laws to solve these problems in such a way as to produce Justice”41 The Court should protect the environment of the Niger Delta region from environmental degradation caused by oil exploitation in the region as environmental abuses are abuses on the fundamental human rights of the people of the region. 4.9. THE PRESIDENTIAL AMNESTY PROGRAMME The word amnesty is a Greek word derived from “amnestia” which is an act of grace by which the supreme power in a state restores those who may have been guilty of any offence against it, to the position of innocent persons and it includes more than pardon, in as much as it obliterates all legal remembrance of the offences.42 It has also been defined as: “A guarantee of exemption from prosecution and pardon from punishment for certain criminal, rebel and insurgent actions hither to committed against the state. It indemnifies affected persons in terms of safety and protection from punitive actions, retributions and associated losses. An amnesty is usually within specific time which offenders admit crime and takes advantage of the general pardon”.43 The presidential amnesty programme was initiated by the late President Yar‟adua Administration. In a bid to address the agitations of militants in the Niger Delta regions of Nigeria, the late president granted unconditional amnesty to the militants in the regions hoping that the gesture would efficiently end the ranging restiveness in the region. The amnesty programme was announced on 25th June, 2009 with an expiration of 60 days period which was expected to run from August 6 to October 4, 2009.44 The proclamation was a chance for militants in the regime to embrace amnesty and surrender their arms and ammunition in exchange for Presidential pardon. The Federal Government through the Presidential Amnesty is to manage, supervise and implement the Amnesty programme. At the end of the 60 days period on October 4, 2009, a total of 20, 192 repentant militants surrendered their arms and ammunitions to the Federal Government and accepted the programme. In November 2010, another 6, 166 ex-militants were enlisted into the Presidential Amnesty programme, this constituted the second phase and brought the number of persons enlisted to 26, 358. In 2012, the Federal Government also approved the inclusion of 3, 642 ex-militants bringing the total numbers of ex-militants that 41 10 of Agenda 21 in principles 20 of the Rio Declaration 1992. 42 Imongan, E.O: “Amnesty Programme in Nigeria: Understanding Justice and equity in the Niger Delta Region, International Journal of Public Administration and Management Research, December 2015. vol.3, No.2, P.40. 43 Ikelegbe, A.& Umukoro, N. “Exclusion and the challenges of Peace Building in the Niger Delta: An Assessment of the Amnesty programme. CPED Monograph series, 2014, No.3. 44 <http:// the vanguard newspaper, Yar‟adua grants militants unconditional amnesty… Frees Henry Okah on June 25, 2009>. Accessed 3rd June, 2016. have embraced the Amnesty programme to 30,000.45 In support of the Amnesty Programme, the Federal government created Disarmament, Demobilization and Reintegration (DDP) programme for as many who accepted the amnesty on or before the deadline.  Disarmament is the collection, documentation, control and disposal of both small arms, explosive, lights and heavy weapons from militants.46 The process is primarily conducted by the Nigerian army.  Demobilization involves conducting biometrics for exmilitants who were in designated camps for the programme. The Amnesty programme made available monthly stipends for each militant.  Reintegration involves the process off transformational training. These training include vocational skills, entrepreneurial training and development, technical capabilities, formal education and an opportunity for them to be employed as many ex-militants were offered to work as change agents in a larger community.47 In the light of the above, the programme gave opportunity to those who have the interest of going back to do so. It helped about 711 ex-militant to pursue careers in various universities and college around the world. 2,922 ex-militants have graduated from off shore centres. 5,145 ex militants had already completed vocational training within the shores of the country ranging from welding boat building, sea safety, safety management, and information communication technology, oil drilling and marine related courses.48 PART II: CORPORATE STRATEGY 4.10. CORPORATE SOCIAL RESPONSIBILITY Corporate social responsibility (CSR) refers to a business practice that involves participating in initiatives that benefit society.49 It is also initiatives to assess and take responsibility for the company‟s effects on environmental and social wellbeing.50 The increasing power of transnational corporations within the global economy has brought with it corresponding awareness of the need for an international regime that places direct responsibilities on these companies.51 At the 1997 shareholders meeting of the ShellBritish Petroleum, the company published the first annual report on the operations of SPDC looking at the issues of environmental standards and human 45 available at< http://www.premiumtimes ng.com/news/112493-nigeria-enlists3000-ex-militantsamnesty>. Accessed 3rd June,2016. 46 Egbeme, E., “ Curbing Militancy in Nigeria: Understanding the Presidential Amnesty Programme. Nextier policy brief 2015. 47 Imongon, E.O., opcit. 48 ibid. 49 < www.businessnewsdaily.com/4679-corporate-socialresponsibility.html>. Accessed 15th June, 2016. 50 < www.investopedia-com/terms/c/corp-socialresponsibility.asp.accessed> 15th June, 2016. 51 Bronwen, M., “Shell in Nigeria: Coporate Social Responsibility and the Ogoni crisis”. A case study published by The Carnegie council on Ethics and International Affairs, P-8. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 238 rights, and the first group wide report on health, safety and the environment. At the same time, Shell took steps to integrate its commitment to “express support for fundamental human rights” into its internal management procedure requiring directors of Shell group companies to make annual statement to Shell headquarters requiring its compliance. Shell has embarked on different projects to ensure its corporate social responsibility.52 Shell has embarked on scholarship schemes for secondary school students and university under graduate students. In the same vein, Agip Oil Company and Chevron has also embarked on scholarship schemes for students and youths of the Niger Delta regions. Oil companies in the Niger Delta regions have also committed itself to the building of Roads, schools and rural health centres in the host communities. In order to employ youths in the region, Shell has initiated the Youth Development Scheme which has trained over 800 youths and provided them with tools and facilities to be self employed53. Oil companies operating in the Niger Delta region have come together and formed the clean Nigeria Associates to combat oil spillage of great magnitude. 5.0. RECOMMENDATIONS AND CONCLUSION 5.1. RECOMMENDATIONS From the findings in the course of this legal research with respect to the legal and institutional framework in place to address the impacts of oil and gas exploitation in the Niger Delta region, certain actions, measures and improvements are imperative. Those imperative measures are proffered below as recommendations for minimizing the impacts of oil exploitation in the Niger Delta region. 5.1.1. STATUTORY ABSOLUTE LIABILITY FOR THE OFFENCE OF OIL Pollution in the oil and gas sector should be made a statutory strict liability offence in Nigeria. This will aid the recovery of compensation by victims of oil pollution easier and will exact clean up and remediation by the polluter and make oil companies more careful, responsible and environmental conscious. Also the plurality of defenses, protections and exceptions availing the oil and gas sector polluter in the statue books should be repealed to make a polluter strict liable once a spill occurs. 5.1.2. CODIFICATION OF ENVIRONMENTAL RIGHTS AS ENFORCEABLE FUNDAMENTAL HUMAN RIGHTS IN THE CONSTITUTION. The right to a clean pollution free healthy environment and a generally satisfactory environment favourable to human growth and development should be entrenched as a fundamental human right under Chapter IV of the Constitution as an enforceable right against any violating party. 5.1.3. IMPOSITION OF STRICT PUNISHMENT FOR OIL AND GAS POLLUTION 52 ibid. 53 Shell: Nigeria Brief, The environment (Lagos: Public Affairs Division, 1995). The government should impose fines on oil companies for breach of regulations and take measures to punish the companies accordingly. The government should also investigate the roles that oil companies and others have played and continue to play in the environmental pollution of the region and vividly publish the outcome of any such investigation. 5.1.4. JUDICIAL ACTIVISM FOR ENVIRONMENTAL PROTECTION The judiciary is regarded as the last hope of the common man. The Nigerian judiciary should live up to expectations and see itself as a protector of the environment. Judicial disposition to the interpretation and application of relevant laws and statutes relating to the protection of the environment in the petroleum industry in Nigeria should be reformed, advanced and socially responsive. Strict liability principle, tougher penalties and emblematic damages ought to be resorted to. 5.1.5. HUMAN CAPACITY BUILDING The ministry of Niger Delta and Niger Delta Development Commission should work hand in hand to bring about even development in the Niger Delta region. More projects should be embarked upon to protect the environment and general well-being of the citizens of the region. These agencies should embark on human capacity building through investment in the education, health and skills of people in this region. 5.1.6. CONTINUATION OF THE AMNESTY PROGRAMME The amnesty programme of the federal government has no doubt helped the Niger Delta youths. It has helped to pay stipends, enroll ex-militants in vocational training and entrepreneurial development. It has also helped to curb youth unrest in the region. Termination of the programme may pose a serious threat to the nation as there may be a relapse of the conflict. 5.1.7. REVIEW OF ENVIRONMENTAL LAWS The relevant laws and statutes put in place to protect the environment should be reviewed and more stringent fines and punishment should be enacted to address environmental crimes against the environment and citizens. 5.1.8. REGULATION OF COMPENSATION ALLOCATION Government and oil firms should devise regulatory mechanism to ensure that allocation and compensation to the oil bearing communities actually get to the victims. 5.1.9. REGULATION OF CORPORATE SOCIAL RESPONSIBILITY The practice of corporate social responsibility should be regulated through a legal framework and the oil companies should be enjoined to observe and practice same in all their dealing along international minimum standards. 5.2. CONCLUSION The Niger Delta oil exploitation tale is synonymous to the aphorism that goes thus: The hen lays the golden egg but not fed, allowed to be in hunger perpetually. The citizens of Niger Delta while facing the demand of development in their environment are also shouldering the impact Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.17283702 239 of oil exploration in the environmental degradation of the land, the economy, health as well as the socio-cultural well-being of the citizen of the host communities. The situation has induced the inhabitants of the host communities‟ emotional, physical and psychological frustration. 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