A Critical Assessment of the Pollution Prevention Laws and Regulations of Nigeria: Why They Failed to Protect the Environment of Nigeria

Abstract

The research is financed by Chief Favour O. Izoukumor (The Fieye-Owie of Ogbe-Ijoh Warri Kingdom, the immediate past commissioner representing Ijaw Ethnic Nationality on the board of DESOPADEC)

Abstract

Oil pollution is a big challenge to the Nigerian government. The National Oil Spill Detection and Response Agency claimed that from January 2010 to August 2015, about 294,352 barrels of oil spilled into the Niger Delta environment of Nigeria. The truth is that the Nigerian government initiated several policies, laws, regulations and standards to curb crude oil pollution in the Niger Delta area of Nigeria, still, pollution is on the increase. This article seeks to critically assess the weaknesses of the pollution prevention laws and regulations set up by the Nigerian government to protect and prevent oil pollution in the Niger Delta area of Nigeria. The analyses of this article show that the penalties imposed on the Oil Corporation to clean up oil spill are too low, enforcement of the laws is exclusively placed on the Attorney General of the Federal Republic of Nigeria while excluding public litigation, inspection of oil pipelines is imposed on the operators while allowing the regulators to sleep. To surmount these challenges, this article concludes that the regulators in the oil sector should take responsibility of investigating and monitoring the activities of the operators, there should be stringent sanction compelling the operators to clean-up oil spill whenever it occurs.

Keywords: Environment, Laws, Regulations, Pollution, Oil Spill, Nigeria

DOI: 10.7176/JLPG/87-06

Publication date:July 31^st 2019