Abstract
The industrial development and societal practices of the 20th century have undoubtedly had a disturbing impact on the environment of the planet earth. The wasteful use of natural resources, development of energy sources and improper disposal of energy by-products poses adverse impact on, not only the air, water and land, but increasingly the entire ecosystem and human health. The causes may be diverse and numerous, but the problems created by the production and consumption of fossil fuel in general and petroleum in particular represent some of the greatest concerns shared by the entire international community.1
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References
Z. Gao, “Environmental Regulation of the Oil and Gas Industries” in CEPMLP On-line Journal on Natural Resources, Energy and International Business Transactions http://www.dundee.ac.uk/cepmlp/main/html/journal/vol2-11.htm
T. Walde, “Environmental Policies Towards Mining in Developing Countries” in Journal of Energy and Natural Resources Law, Vol. 10 No.4 (1992), 327–357.
Ibid.
Z. Gao, n. labove.
3 UN Arb. Awards 1905 (1941) in Z. Gao, n. 1 above.
Z. Gao, n. labove.
1973, substantially amended in 1998.
This dilemma and ensuing contradictions was recently brought to the fore in a recent public debate during the Workshop on Building Capacity to Facilitate Clean Development Mechanism Projects in the Oil and Gas Industry Sectors in Nigeria (Abuja, 10 – 12 September 2001). There, the Honourable Rilwanu Lukman, Presidential Adviser on Petroleum and Energy (equivalent of a cabinet Minister), stated: “I am constantly on the look-out for opportunities to attract investments that will contribute to the maintenance, improvement, and growth of Nigeria’s oil and gas industry... We are talking about improving and expanding our production capacity of these fuels that are central to our nation’s economic well-being, as well as modernising and increasing our domestic refining capacity and our oil pipeline and gas transmission system... I need not emphasise that Nigeria is a poor, developing country that simply has too many other items on what could be called its “priority to do list” (emphasis mine)… we cannot afford to indulge ourselves…” He preferred the extended period of 2008 for gas flaring elimination. On the other hand the Minster of State for Environment, Dr. Imeh Okopido, while insisting 2004 is and should be the target date, called for more rigorous efforts by the oil and gas industry in respect of environment standards. According to him, “there is a significant impact of the high level of gas flaring on the ecosystem, environmental health and on global climate. This bears on our national image vis-à-vis the global environmental agenda to which we are signatories… On our part as a responsible government and the conscience of the people, we commit all our efforts as flag bearers of the African environment to foster innovative partnership between the public and private sectors, with a view to terminating gas flaring in Nigeria by 2004”.
See note 8 above.
Cap 339 Laws of the Federation of Nigeria (hereinafter LFN), 1990.
Cap 337 LFN, 1990.
Cap 350 LFN, 1990.
Cap 26 LFN, 1990.
Section 8(1)(b)(iii).
O. Akanle, Pollution Control Regulation in the Nigerian Oil Industry, (Nigerian Institute of Advanced Legal Studies, Lagos 1991) at 6. See also note 21, at 6. “It is generally assumed, however, that government through the Petroleum Inspectorate may penalise the operator who has polluted the environment. But it is submitted that there is no legal basis for this in any of the enactments. Again, though the Inspectorate may withdraw an operator’s licence for not operating in accordance with “good oil-field practice” or “good refining practice”, or that the operator did not employ upto-date equipment, it is hardly feasible how the sanction can be evoked in practice… Also, the NNPC, of which the Inspectorate is an integral part, action on behalf of the government is either the owner or substantial part-owner of most of the petroleum operations in the country”.
O. Akanle, n. 13 above, at p9.
ibid. at p 10.
ibid. at p 11.
ibid.
Cap 77 LFN, 1990.
S. 247, ibid.
K. Nnadozie, “Legal and Administrative Requirements of Environmental Impact Assessment in Nigeria”, January 1998 Nigerian Petroleum News.
[1866] L.R. 3 H.L.300
Jimoh Lawani v. West African Portland Cement Company Limited [1971] Abeokuta High Court Suit No. AB/82/71; see also Amos v. Shell BP Petroleum Development Corporation [1974] 4 U.I.L.R. 345.
See also Sam Ikpede v. Shell-BP Petroleum Development Company Nigeria [1973] M.W.S.J. 61.
T. Waelde, “The Current Status of International Petroleum Investment: Regulating, Licensing & Taxing and Contracting” in CEPMLP On-line Journal on Natural Resources, Energy and International Business Transactions, http://www.dundee.ac.uk/cepm1p/main/html/journal/vol1–5.htm
In September 1987, an Italian businessman acting on behalf of some Italian companies, with the collaboration of some local officials and citizens, imported and deposited about 4,000 tons of highly toxic industrial waste on a farmland near the local port at Koko town in Delta State.
The Federal Environment Protection Agency Decree 1978 establishing the Agency is yet to be repealed despite the creation the Ministry of Environment. So, the Agency is still legally in existence though it no longer operates as such. A comprehensive Framework Environmental Act is currently being drawn up to take into account the new realities and policy direction of the government.
Ibid.
E. O. Eleri, “Sub-Sahara Africa: Energy and Environmental Challenges” Working Paper 1992:6, Centre for International Climate and Energy Research, Oslo, at 1.
ibid.
I. O. Oguine, “Nigeria’s Oil Revenues and the Oil Producing Areas” in CEPMLP On-line Journal on Natural Resources, Energy and International Business Transactions; http://www.dundee.ac.uk/cepmlp/main/html/journal/article4-10.htm
K. Nnadozie, “From Black to Green: Environmentalism in the Oil Industry” February1998 Nigerian Petroleum News.
See also E. O. Eleri, n. 28 at 43.
ibid. at p66.
ibid. at p57.
T. Waelde, n. 26 above.
Gaëtan Verhoosel (1988); “Foreign Investment And Environmental Regulatory Change In Developing And Transition Economies: How To Reconcile The Tension For The Benefit Of Technology Transfer?” in CEPMLP On-line Journal on Natural Resources, Energy and International Business Transactions; http://www.dundee.ac.uk/cepmlp/main/html/journal/vol1-1.htm
E. O. Eleri, n. 28 above at 71.
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Nnadozie, K. (2003). Environmental Regulation of the Oil and Gas Industry in Nigeria. In: International Environmental Law and Policy in Africa. Environment & Policy, vol 36. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-0135-8_6
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