Legal Framework and Regulatory Challenges in the Niger-Delta Region of Nigeria on Oil Exploration and Land Degradation

CONTRIBUTOR: PRINCE IGHO

INTRODUCTION

“Look after the land and the land will look after you, destroy the land and it will destroy you.”^[1]

The earth which is older than humanity itself^[2], holds immense importance in sustaining life. Initially intended to cater for humanity’s needs rather than its wants^[3], as humanity evolved and populated the Earth, there arose an increasing demand for resources. Consequently, human activities aimed at resource acquisition have led to the depletion of the Earth’s resources.^[4] In this context, “Earth” refers to the land, water, air, and other habitats that support living organisms, collectively known as the environment. The World Bank defines environment as “the natural and social conditions surrounding all mankind and including future generations”.^[5]

The Earth is endowed with minerals and natural resources vital for human survival, accessible through various means such as mining, excavation, and exploration. However, human activities over time have contributed to the deterioration of the Earth’s quality, a phenomenon commonly known as degradation, with conservation representing its antithesis.^[6]

Nigeria as a nation boasts of a soil which is home to a vast majority of natural resources, including natural gas, tin, iron ore, coal, limestone, lead, zinc, arable land^[7] and gemstones such as tourmaline, sapphire, beryl, amethyst, fluorite, topaz, and zircon.^[8] Oil, however, was first discovered in Nigeria in Oloibiri, of Bayelsa state in 1956,^[9] following efforts by colonialists to exploit crude and other natural resources from the country. The colonialists’ endeavours were primarily driven by economic interests, seeking to exploit the country’s “untapped”^[10] natural resources to their advantage. Subsequently, the discovery of oil reshaped Nigeria’s economic landscape, serving as the cornerstone of its contemporary economic framework.

This came after efforts by the colonialists to obtain crude and other natural resources from the country. Indeed, the colonialists’ intentions were primarily self-serving, with significant economic benefits derived from acquiring natural resources in their ‘untapped’ state. Following this discovery, the trajectory of the Nigerian economic sphere changed completely, laying the foundation for what is today.

While the benefits of oil and gas exploration and production are not in contention, as it is a necessity for livelihood of the Nigerian economy, the ensuing environmental impact cannot be discountenanced. The lack of concerted efforts to conserve the Earth following such activities remains a contentious issue.^[11] Nigeria’s oil-producing states, comprising; Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Rivers, Abia, Imo, and Ondo, bear witness to the complexities inherent in the oil and gas industry.^[12]

Although the term “Niger Delta” has become synonymous with the wealth and challenges associated with the region’s oil and gas industry, it only gained prominence in the mid-20^th century after the discovery of oil in commercial quantities in that region.^[13] The term is a result of that region being around the delta that is formed by the confluence of the Niger River and the Atlantic Ocean.^[14] Despite the area being the largest producer of oil for Nigeria, the region still faces myriads of challenges like oil spillage, pollution, gas flaring, and other manners of ecocide. These challenges persist due to factors such as unemployment, mismanagement of funds, insecurity, and, fundamentally, the absence of a robust legal framework addressing the activities of oil companies and providing adequate compensation for affected individuals whose homes and lands have been impacted.^[15]

LEGAL FRAMEWORK AND REGULATORY CHALLENGES

In the past, sufficient attention was not given to the issue of ecological degradation due to the absence of a profound institutional and legal structure. Presently, while Nigeria does possess a legal framework governing oil activities in the region, it falls short of being robust and comprehensive. This deficiency stems from various factors such as corruption, regulatory capacity, security concerns, enforcement issues, legislative reforms and so on. These are significant issues that need to be addressed to make the framework more robust and effective in meeting its intended objectives.

The legal framework governing oil activities and regulatory agencies in Nigeria’s Niger Delta is complex and made up of various laws, regulations and government agencies. Some of the essential components include;

• Petroleum Industry Act (2021)
• Petroleum Act (1969)
• Minerals and Mining Act (2007)
• Environmental Regulations like the Environmental Impact Assessment Act (1992) and the National Oil Spill Detection and Response Agency (NOSDRA) Act (2006)
• Local Content Laws such as the Nigerian Oil and Gas Industry Content Development Act (2010)
• National Environmental Standards and Regulations Enforcement Agency Act 2007.
• Ministry of Environment

These form the bulk of the legal framework for the protection of the environment and mitigation of the consequences of oil exploration and exploitation particularly in the Niger Delta. However, agencies responsible for implementing these laws face several challenges, exacerbated by political, cultural, and economic factors.

The issue in Nigeria does not stem from a lack of legislation, but rather from the efficacy and enforcement of existing laws.^[16] An illustrative instance is the NESREA Act, which grants extensive authority to the agency for environmental protection and enhancement. However, despite this empowerment, the agency has a lot more to do in the enforcement of legal sanctions and conducting baseline audits.^[17]

Another major setback for upholding the standards for ecological conservation in the Niger Delta will be the language of the law. Oil companies have used minute lacunas in the law to perpetrate irresponsible activities and opt for processes that maximize profit and minimize investment in ecological safety, this also shows in the choice of inexpensive and direct methods of waste disposal^[18].

Other poignant lacunas in the laws and factors that pose challenges, for effectively combating the unabated ecocide ongoing in the region include;^[19]

• Weak Environmental Regulations
• Inadequate Compensation for Communities affected by oil exploration
• Lack of Community Participation in fundamental matters
• Overlapping claims by communities, oil companies, and the government on land rights
• Inadequate Monitoring and Oversight
• Limited Legal Remedies for Communities
• Manipulation of the Land Use Act by oil companies
• Ineffectiveness of Governmental agencies

These problems and factors have to be addressed before the resultant effects of oil exploration and production activities can be dealt with. This raises the crucial question: how can the situation be remedied? What measures can be implemented to address these issues and promote environmental development? Moreover, how can the deficiencies in the law be rectified, and solutions tailored to adequately meet the needs of the people? These are fundamental inquiries that necessitate comprehensive examination and strategic action to ensure sustainable solutions and environmental protection in the Niger Delta region.

THE WAY FORWARD/RECOMMENDATION

Ekanem in deviating from the dependency theory of defining underdevelopment as the absence of development,^[20] defined underdevelopment as the 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 the standard of their lives.^[21] It is seen that Nigeria’s Niger Delta is underdeveloped with respect to both theories of the definition of underdevelopment. The region despite being the largest producer of oil for the nation lacks fundamentally in amenities and necessities vital for the ecosystem of that area. It is ranked as one of the most polluted environments in the world.^[22] This does not mean that changes and adjustments cannot be made and a turn for the better taken. It is often said that time changes all things,^[23] but the truth is that nothing will change if no one rises to take action.^[24] Salient points and recommendations that can be adopted to ensure that the ecosphere of the Niger Delta changes for the better include;^[25]

• Willingness of the government to uphold the law and prosecute offenders
• Enhanced legal framework on clarity of land use rights and legal action to be taken when infringed on, compensation, remediation and restoration of the environment.
• Empowering governmental agencies and implementation strategies for improved effectiveness of the law
• Employment of skilled workers by agencies
• Consistent Environmental Impact Assessment (EIA) to understand the state of the ecosystem
• Transparency and accountability of the government and oil companies in declaring the EIA and the impact of activities carried out by them
• Education and awareness campaigns for officials, companies and local communities.
• Involvement of communities in policy makings and relevant actions.

CONCLUSION

“A nation that destroys its soils destroys itself…….”^[26]

As expressed, Niger Delta is an indispensable place in Nigeria both in terms of revenue generation for the nation and other reasons but the standard expected of such an area has not been achieved and thus maintains an underdeveloped status. An analysis of the current state of the region and the legal framework has been done and recommendations that, when adopted and upheld, can bring changes and prevent the locality from the utter destruction of the ecosphere.

1. Aboriginal Proverb ↑
2. Both science and religion support this statement although there is divergence in the proposed age of the earth. ↑
3. Kenyalang (1999). ‘Earth provides enough to satisfy every man’s need, but not for every man’s greed’. Bulletin of Concerned Asian Scholars, 31(3), 59-71. ↑
4. Ali, S H, Treasures of the earth: need, greed, and a sustainable future. (2009) Yale University Press. ↑
5. World Bank Environmental and Social Framework. World Bank, Washington, DC. (2016) https://thedocs.worldbank.org/en/doc/837721522762050108-0290022018/original/ESFFramework.pdf accessed April 17, 2024 ↑
6. Gutti, B, Aji, M M, & Magaji, G. (2012). ‘Environmental impact of natural resources exploitation in Nigeria and the way forward.’ Journal of Applied technology in Environmental sanitation, 2(2), 95-102. ↑
7. Ifurueze, S M, & Ezechukwu C I, (2022). Accounting for Sub-Soil Assets in Nigeria: Its Implications, Benefits and Challenges. Asian Journal of Advances in Research, 5(1), 1116-1127. ↑
8. Olade, M A (2021). ‘Gemstones of Nigeria: an overview of their geological occurrence, provenance and origin’. Achievers Journal of Scientific Research, 3(1), 1-22. ↑
9. Okorobia, A M, & Olali, S T (2018). ‘The Historical Trajectory of Crude Oil Exploration and Production in Nigeria, 1930–2015’. In The Political Ecology of Oil and Gas Activities in the Nigerian Aquatic Ecosystem (pp. 17-31). Academic Press. ↑
10. Okeke, C N (2008). ‘The Second Scramble for Africa’s Oil and Mineral Resources: Blessing or Curse?’ The International Lawyer, 193-209. ↑
11. Ogbonnaya, U M, (2011). ‘Environmental law and underdevelopment in the Niger Delta Region of Nigeria.’ African Research Review, 5(5), 68-82. ↑
12. All the six states of the south-south region, two from the south-east region and one state from the south-west. ↑
13. Ogbogbo, C B N, & Muojama, O (2007). ‘The Global Economy and the Niger Delta Crises.’ Journal of the Historical Society of Nigeria, 17, 169-190. ↑
14. Niger, M. A. The Coastal Niger Delta: Environmental Development and Planning. (2012) Trafford Publishing. ↑
15. Ibid (n12) ↑
16. Husted T F, Nigeria: Key Issues and U.S. Policy, Congressional Research Service Report. (2022). https://crsreports.congress.gov/product/pdf/R/R47052/2 accessed April 17, 2024 ↑
17. Ibid (n12) ↑
18. ↑
19. Agbonifo P, (2016). ‘Risk management and regulatory failure in the oil and gas industry in Nigeria: reflections on the impact of environmental degradation in the Niger Delta Region.’ Journal of Sust ↑
20. ainable Development, 9(4), 1-10.oped Africa. (1972), London: Bogle L’Overture Publications. ↑
21. Ekanem, O. (2001). ‘The Dialectics of Underdevelopment and Instability in Africa’, Calabar Journal of Politics and Administration. 1(1), 52 – 66. ↑
22. Top ten toxic threats, https://www.worstpolluted.org/projects_reports/display/115 accessed April 17, 2024 ↑
23. Aristotle: Time is the Measure of Change, Physics (Book IV, part 10-13) ↑
24. The essence of the quote can be traced back to the legendary comment by John Stuart Mill in his inaugural lecture in 1867 at University of St Andrews. ↑
25. Osin, O A, Yu, T, & Lin, S (2017). Oil refinery wastewater treatment in the Niger Delta, Nigeria: current practices, challenges, and recommendations. Environmental Science and Pollution Research, 24, 22730-22740. ↑
26. Franklin D. Roosevelt ↑