Abstract
It
is no doubt that oil industry is the biggest resource manager in the anal of
Nigeria economy. It is true that the oil industry is one of the international
industries where different countries of the world relate communally. However,
the thunderous benefit derivable from this natural gift (oil) cannot at any
time quieting the dangers inherent in its manipulation and exploitation. “
perhaps, a threat to nature is a direct threat to life” furthermore, the most
outrageous damage caused to land, air and water in the world over and Nigeria in particular has been linked to oil
pollution. For instance, the cases of Niger Delta region of Nigeria, where the
inhabitants are mainly farmers, count their losses virtually on daily bases.
This monster, called oil pollution destroys oil fertility thereby making the
land unfit for crops production.
Cause and foul the waters to the detriment of
marine lives. Consequently, when these disasters occur, it is expected that the
victims should adequately compensated.[1] But unfortunately the avalanche of petroleum laws and environmental laws in Nigeria,
seemed to be silent over what constitutes adequate compensation as contained in
the law. This research work therefore evaluates these situations and tried to
provide solutions to the question raised therein. Chapter one of the work
introduces the work generally. The legal framework for control of oil pollution
is tackled in chapter two while chapter three handles the concept of oil
pollution and its hazardous effect on the environment and chapter four evaluate
liability and compensation for oil pollution and finally chapter five settles
conclusion recommendation and bibliography.
TABLE OF
CONTENT
Title page
Certification
Approval page
Dedication
Acknowledgements
Table of Content
Table of Cases
Table of Statue
List of Abbreviation
Abstract
CHAPTER ONE
GENERAL INTRODUCTION
1.1
Background of the
Study
1.2
Statement of
Problem
1.3
Objective of the
study
1.4
Research
questions
1.5
Relevance of the
Study
1.6
Scope of the
study
1.7
Limitation of the
study
1.8
Methodology for
the study
CHAPTER TWO
THE CONCEPT OF OIL POLLUTION AND ITS
HAZARDOUS EFFECT ON THE ENVIRONMENT
2.1 Historical survey of Oil Exploration and
Exploration in Nigeria since 1956.
2.2 The impact of Oil and Industrial Polluting on the World
Environment and
Nigeria
Environment in particular
2.3 The Concept of Oil Pollution Damage
2.3.1 Land Pollution
2.3.2 Air Pollution
2.3.3 Water Pollution
2.4 Oil Spillage cum gas flaring
2.4.1 Oil Spillage
2.4.2 Gas Flaring
2.5 The People of Niger Delta and Environmental fouling
CHAPTER THREE
NIGERIA LEGAL REGIME ON CONTROL OF
PETROLEUM POLLUTION: A COMPARATIVE
ANALYSIS OF THE JURISDICTION
31 Local legislations and decrees on control of oil pollution in
Nigeria
3.2. International Convention on the Establishment of an
International
Convention
on the Establishment of an International Fund for Compensation
for
Oil Pollution Damage 1971
3.2.1 International Convention for the prevention of the sea by oil
3.2 International Regulatory
Bodies for Control and prevention of oil
pollution
3.3 Oil pollution laws of other jurisdiction
3.4 The challenges of Court Jurisdiction on Oil
Pollution in Nigeria
CHAPTER FOUR
AN EVALUATION OF LIABILITY AND
COMPENSATION FOR OIL POLLUTION DAMAGE IN NIGERIA
4.1. Liabilities for oil pollution
4.1.2 Civil Liability for oil pollution
4.2 Nature of Defences for
oil pollution damage
4.3 The Victims legal rights over oil and Industrial Pollution
4.4 Compliance to International Standard Quantum of Compensation
for Oil
Pollution
damage
4.5 Alternative Dispute Resolution (A.D.R.) as an Alternate to
litigation
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
5.1 Observations
5.2 Recommendations
5.3 Conclusion
TABLES OF CASES
Allar iron V. Shell BP [2012] unreported suit No. w/89/71190. Available at
http/./www.vathek.org/.enlr.2012.14.4348, accessed on 10th July,
2013
Amodu Tijani V. The Secretary of Southern Province [1921] available at
http/./www.Nigeria-Law.org/Amodu%2520Tijani Accessed on 4th July,
2013
Attorney General of Bendel State &
Ors V. Adeyan [1989] SC 131
Birmingham City Corporation V. West Midland Baptist (Trust)
Association Inc. [1969]3 All E.K. (pt. 172) page 185
Braithwaite V. Sky Bank Plc. [2012] CLR 12 (e) SC
Chief A. S. Amos & Ors V. Shell BP D.C.N Ltd [1977]6 SC (Pt.
109) 114
Chief Otoko V. S.P.D.C (Nig) Ltd [1990]6 NWLR (Pt. 159) 693
Douglas V. Shell BP & 5 Ors [1994]6 NWLR (Pt. 350) 256
Friday Akpanu V. Shall [2013] Published on
http/./www. recht speak . nl under no
LDN BM 1469 visited on 14/12/2012.
Hallelujah Bukuma Fishers Development
Co. (Nig) Ltd V. SPDC (Nig) Ltd
[2002]4 NWLR (Pt. 758) 505
Lewis V. Bankole [1909]1 NLR, 81
Machine Umudje V. Shell BP D. C. (Nig) Ltd [1975]11 SC (Pt. 155) 160 &167
Mardraj V. Texaco Trinidad Inc. [1969]15 West Indian Reports (WIR) 251
National Oil Spill V. PPMC [2012] unreported suit No. FHC/ASB/18/105/10
Niger Delta Farmers & Ors V. Shell BP [2013] available at
www.sahareporters.com>Home>News & Reports, accessed on 14/07/2013
Odim & Ors V. SPDC (Nig) Ltd [1974]2 R.S.L.R (pt. 93) page 109
Onyori & Ors V. S.P.D.C (Nig) Ltd & Ors [1982] unreported suit No.
FCA/B/1/81 of 7th Dec. 1982
Ports & Cargo Handling Services Co.
Ltd & Ors V. Migfo (Nig Ltd &
Ano [2009]11
NWLR CA/L/214m/07.
Raithwaite V Skye Bank Plc
[ 2012] CLR 12 (e) (sc)
Re oil spill [2012] unreported suit No.
10.02179/WL6652608/2012 C.E.D.La. Dec. 21st,
2012. Available at
http/./www.blog.Thomsoreuters.com/indes.php/j accessed on
07/07/2013
Ryland V. Fletcher [1866] L.R.I Exch. 265
S.L.B Consortium v V. NNPC [2011]9 NWLR (pt 1252) page 317 SC
S.P.D.C
V. Isaih [1997]6 NWLR (Pt.
508) 236
S.P.D.C V. Tiebovii [ 1982]
unreported suit No: FCA /B/1/8 of 7/12/82
San Ikpede V. SPDC (Nig) Ltd [1973] M.W.S.J. (Pt. 61) 88
Seismograph Services (Nig) ltd V. Esis Akororo [1974]6 SC 124
Williams V. Kamon [1968]1 All NLR (Pt 399)406
American Oil Pollution Act (O.P.A)
Association Gas Re-injection Act Cap. A25, Laws of the
Federal Republic of Nigeria
(L.F.N)
Constitution (Suspension and Modification), Decree
Constitution of the Federal Republic of Nigeria 1999
(as amended)
Criminal Code Act, Cap. C38 L.F.N., 2010
Evidence Act, 2010. Cap. E 14 LFN 2010
Federal Environmental Protection Act (FEPA) Cap. F10
L.F.N, 2010.
Land use Act, 1978. Cap. L5 LFN 2010
Oil in Navigable Waters Act Cap 06 L.F.N, 2010
Oil Pipeline Act Cap. 145, L.F.N
Petroleum (Drilling & Production) Regulation 1969
Petroleum Act Cap. P10 L.F.N
Petroleum profit Tax Act Cap. 354 L.F.N
INTERNATIONAL
CONVENTIONS
Conference of the Committee Maritime International
(C.M.I 1994.
International Convention for the Prevention of Pollution
from ship (MARPO 1973)
International Convention for the Prevention of the Sea
by oil.
International Convention on Oil Pollution
preparedness, Response and Co-operation
(I.C.O.P.P.R.C 1990)
International Convention on the Establishment of an
International Fund for Compensation for oil Pollution Damage 1971
LIST OF
ABBREVIATION
FEPA Federal
Environmental protection Agency
LFN Laws of the Federation of Nigeria
IRBCPOP International
Regulatory Bodies for Control and Prevention
of Oil Pollution Act
CWA Clean
Water Act
SPDC Shell
Petroleum Development Company
IMB International Marketing Board
NNPC Nigeria National Petroleum Commission
OPEC Organization of Petroleum Exporting Countries
PSC Production Sharing Contract
PPMC Pipe
lines and production marketing Company
MOSOP Movement for the Survival of Ogony people
CNA Clean
Nigeria Association
MWSJ Midd
Western States Judgments
JSC Justice of the Supreme Court
ADR A Hernative Disput Resolution
UN United Nation
CMI Committee of Maritime International
US United State
CAJ Appeal Court Justice
WWW World Wide Web
NOSDRA National Oil Spill Detection
Response Agency
EIA Environmental Impact Assessment
NWLR Nigeria Weekly Law Report
FWLR Federal Weekly Law Report
FRN Federal Republic of Nigeria
SC Supreme Court
JSC Justice of the Supreme Court
WIR West Indian Report
Internal Maritime Organization
[1]
Section 11 (5) of the oil pipeline Act, Cap 145, law of the Federation of
Nigeria 2010.
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