CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background
of the Study
Man’s natural environment is one of his inheritances
from his creator (God). This constitutes the air he breathe, the land upon
which he lives and produces some of his foods and the waters thereon, including
the flora and fauna. However, these life supporting
substances have been threatened through the deleterious activities of man.
Over the years, there had been a
continued increase in the acquisition of technological skills, with which man, now
exploits and appropriates the gainful deposits of this natural environment of
which oil/hydrogen is one. Thus when a substance or effect is introduced into
the environment which adversely interferes with or alters the property value of
the people, pollution is said to have occurred.[1]
These unguided activities of man, sometimes result to environmental pollution.
The effect of which is better imagined than experienced.
The Stockholm Declaration of (1972)[2]has
defined pollution as ‘the introduction by man directly or indirectly, any
substance or energy into the environment, that are harmful to living resources,
hazardous to human health, a hindrance to marine activities including foiling, impairments of quality and
use of water, and reduction of amenities”.
Importantly, our environment can be
fouled or polluted by various kinds of pollutants.[3]
But this research work is particularly on oil pollution. How the victim(s) are
being compensated is all evaluated, adopting international best standard as a
model. Adequate recommendation is also given at the end of the work.
Perhaps, the findings of a team of
researchers from University of Lagos,[4]
provides material evidence to the traces of oil pollutant[5] in
Nigerian water and its devastating effect. The research, reviewed the existence
of certain chemical in the various water samples collected from different
locations in the Niger Delta region. The chemicals were proved to be capable of
causing skin and breast cancer. It is important to note however that these chemicals
get in contact with its host (water) from the chief pollutants in the region
‘’oil’’.
Furthermore, the incessant outcry in
the Niger Delta area of Nigeria, has a nexus with the hazardous effect of the
activities of multinational oil companies operating within the region.
Sometimes, these activities results to wanton destruction of land’s fertility,
reduction in the productive capacity of marine lives and continued depreciation
in the qualities of air and drinkable waters.
Evidently, the Dutch Court had in
the recent time, found shell petroleum Co. Ltd liable for destruction of rubber
plantation and fouling of fish ponds leading to mass death of fishes, in the
case of Niger Delta farmers v shell oil
Co.[6]
Consequently, the devastating effect
of oil pollution has led to the promulgation of myriads of law (as will be seen
in chapter two of this work) to Checkmate this seeming constant deviation from
the natural order of the environments. (Details on legal framework for
controlling of oil pollution will be provided under chapter two of this work).
On the other hand, when this menace,
oil pollution”, occur, the victims who were often left with nothing. Sometimes
found themselves in a cross road, especially on the question of whom to
apportion the blames. Pressing further on this issue, research reviewed that
more than one factor could actually contribute to this incidence.[7]
Examples of this factors includes; equipments failure, corrosion, ruptured
flow-line, valve failure, hose failure, human error, natural factors, acts of
third parties, sand cut erosion, accident and sabotage.[8] No
wonder, the court in the case of Friday Alfred Akpan v shell[9] mentioned
in Orbiter that an evidence of
sabotage can not be ruled out of the plaintiff’s case, however, due care was
not taken by the shell company to avert such
act of sabotage carried out by taunting the valve of the oil pipe line leading to the oil spillage.
However, it is evident in so many
other cases as well, that the court does not hesitate to award damages in lieu of compensation for the victims of
oil pollution especially where it is established that the act was as a result
of commission or omission of the oil company.
But despite all these award of
damages and compensations, one more thing is still very great important. And
that thing is human life. However, for the mere fact that loss of human life
sometimes involved in the act of the oil pollution and the fact that nothing
could be given and received in the exchange of human life
calls for more precaution. That is why this work tries to evaluate the
responses and compliance of the environmentalists, polluters and government
alike, in line with the provisions of the various legal regulations and
controls in respect to prevention of oil pollution and the quick responses to
the cases of emergency.
Nevertheless, the importance
attached to the fight against oil pollution cannot be said to be misplaced.[10]
For instance, the geographical movement of the product of petrol from the
region of major production to the very industries where this crude oil is being
refined to various petroleum product and the transportation of the refined
products to the region of consumption. To make this movement smooth and
effectual, the oil has to be transported in ship, by railways and through
extensive pipelines from production to consuming area in the process of
transportation along treacherous coastline and across sometimes hostile
territory, spillage of varying magnitude does occur.[11]
However, the offenses of oil
pollution is further categorized into nine places under the Oil in Navigable
Waters Decree, 1968[12]
to includes; Discharge of oil into Nigerian waters,[13]
failure to install oil pollution prevention equipment on ship,[14]
failure to keep record of oil matters and detailed record of oil transferred to
and from involving Nigerian and foreign vessels,[15]
Harbor Authority Failing to provide oil reception[16]
failure to report presence of oil in harbor waters.[17]
Similarly, various defenses for the
offences for oil pollution provided by the Act above will be discussed in
detail at the cause of this work.
Another important issue discussed in
this work is related to the matters of jurisdiction. Often times, it is
believed that the judiciary is the last hope of a common man. But in some cases
too, it becomes frustrating for a victims of oil pollution who might have lost
all hope of livelihood in the process to realize rather lately that the court
in which he relied upon for justice has no jurisdiction to entertain his case.
(The issue of jurisdiction in oil pollution is adequately addressed in the
cause of this work).
In conclusion, the words drawn’ its
conclusion from the summary of each of the chapters that made up the entire
work. For example, chapter one summarizes the general introduction of the work,
chapter two, provides the general over-view of the legal framework for
regulation and control of oil pollution and the issues of jurisdiction. However
the concept of oil pollution and its hazardous
effect on the environment discussed under chapter is also touched and
chapter four summoned up the evaluation of liability and compensation in oil
pollution and under the chapter five where we have the summary proper,
observations and recommendations was also made before bibliography.
The entire work is however made
available through doctrinal and non doctrinal methodology, and internet
research methodology.
1.2 Statement
of Problem
A threat to nature is a direct threat to life. Hence,
“nature is life enhancing substance”.
The contemplation of the maker of
all things (God), in the biblical geneses,[18]
was that man, who was eventually created in his own image would found himself
comfortable and his life blossom within the balanced substances of his natural
environment.[19]
Alas, man in his unending quest for
knowledge, altered this Devine arrangement, the implication with which he now
pay for. The extent of man’s knowledge
had aided him in so many ways including the discovery of oil.
Perhaps, with oil, man’s financial
problem seen to receive some relief. But one negative attachment to this
blessing is that it cannot be tapped without damaging effects either on the
land, air or sea oil pollution.
The monster, “Oil pollution”, speaks
the same heinous language all over the world, wherever oil is used. And Nigeria
is not an exception. The nature of devastating effect of oil pollution anywhere
it strikes it is usually pose difficulty in measuring the extent or quantum of
loss incurred. No wonder, all our laws, the courts and the victims of oil pollution
alike are often time confused on what constitutes adequate compensation for the
loss resulting from oil pollution.
More importantly, all the causal
pollutants that are responsible for through the effort and resilience of some
seasoned researchers. And varied preventive measures has also been prescribed
and encapsulated into our laws. The problems then are implementation and
compliance[20].
The stretch of the entire
illustration above, painted a clear picture of global menace occasioned by oil
pollution. It therefore calls for the co-operation of all nations of the world,
the collective effort of the various stakeholders in the environmental matters
and indeed, everyone. To rise up to the challenges of this phenomenal problems.
1.3 Objective
of the Study
The broad objective of this research
work spanned through the study of environmental pollution and compensation
petroleum industries adopting international standard while the specific object
of the study includes;
1. Evaluate
the factors responsible for occurrence of oil pollution.
2. Examine the effects of oil pollution on
the environment.
3. Appraise
the various laws both local and international etc. available for the control
and prevention of oil pollution.
4. Determine
level of compliance to the provisions of these regulatory bodies.
5. Compare
the practices obtainable in petroleum operation in other countries inline with
Nigerian standard.
6. Analyze
the incidences of jurisdiction in entertaining cases emanating from oil
pollution.
7. Give
recommendations for alternative dispute resolution in lieu of measuring adequate compensation.
8. Examine
the plight of the victims of oil pollution and give recommendation.
9. Evaluate
the various defenses available for offences of oil pollution and non
compliances.
10. Determine the effect of oil pollution on
the entire ecosystem.
1.4 Research
Questions:
With the knowledge gathered from the background of
this research work and flowing from his
statement of the problem, the research question are then coined as follows;
1. What are the factors responsible for
oil pollution?
2. What
are the immediate and remote effects of oil pollution on the environment?
3. Are
the management and control of oil pollution in Nigeria in line with
international best practices?
4. What are the natures of offences for
oil pollution?
5. What actually constitute adequate
compensation?
6. What
are other possible approaches a victim of oil pollution could adopt in seeking
for compensation other than court litigation?
1.5 Relevance
of the Study
The significance of this research work includes
creating awareness on the nexus between the natural environment of man and his
existence. It therefore communicates the message of control and preservation of
the environment from fatal attack of oil pollution.
Secondly, this work is also a medium
of sensitization and an eye opener, to concerned individuals and groups, on
their rights and responsibilities in relation to the activities of the oil
operators. Whose operations sometimes results to sporadic pollution of the
environment in various degrees to the detriment of the immediate occupant and
users of the environment.
Thirdly, this research work also
brought to review the activities of multinational oil companies in Nigeria in
respect of oil pollution, damage and compensation. And inline with what is
obtainable in other countries of the world, for example, Saudi Arabia, America
and Venezuela, visualize the multinational oil companies social
responsibilities on the host community
Fourthly, with the knowledge put
together in this work, it will be easy for any one to know the positions of law
in matters relating to oil and industrial pollution. And as such, serve as a
warning to the entire society. To refrain from activities or conducts that are
capable of making them liable for oil or industrial pollution. For “to be
forewarned they say is to be forearmed. The fifth relevance of this work is on
the recommendations of alternative dispute resolution mechanism for the victims
of oil and industrial pollution. Instead of following the rigorous processes of
court litigation which sometimes does not or fails to measure appropriately the
quantum of loss incurred in terms of adequate compensation. Extensive work is
done on this topic under chapter four of this work.
Finally, this work is therefore
calling on all the stakeholders in oil
and gas industries, environmental sector, the government, all the stakeholder
in the petroleum sector, all the conscious and unconscious users of the
environment, corporate bodies, groups and indeed everyone, to rise up to the
defense of the natural environment from
the hazardous effect of oil and industrial pollution.
1.6 The
Scope of the Study
This work spanned through Nigerian petroleum sector,
and reviewed the effect of the activities of petroleum operators on the
environment. It covers an extensive
examination on how oil and industrial pollution affects water, including flora
and fauna, air and land including every living thing that existed on the land.
On the other hand, the work also
features extensively on the issues of compensation to the victims of oil
pollution and the challenges of Nigerian courts in respect to determining what
amount to adequate compensation.
Therefore, this work is relevant to
both Nigerian petroleum sector, ministry of environment, and Nigerian maritime
sector. Etc.
1.7 Limitation
of the Study
No doubt, a number of factors pose
constraints in the process of carrying out this research work. Some of these
factors are analyzed below:
1. Financial resource: If there had been enough financial resources on
ground, I would have preferred to travel to the various part of the country
especially to the Niger Delta region where oil pollution rained havoc. This
would have been an added advantage to the over dependent on printed materials
and the internet.
2. Time: Time is another relevant factor that militates against
this work. In fact, the frame of time given by the faculty is hardly enough to
assemble all the data needed for the success of this work.
3. Distance: In the absence of any other exigencies, more time and
money will be needed to travel from Ebonyi State University Abakaliki which is
located South Eastern parts of Nigeria to such places as Nigerian petroleum
ministry in Abuja, Nigeria port Authority Lagos, western part of Nigeria and
Niger Delta in the South Southern part of the country. The importance of these
places are immeasurable as they houses the relevant information’s needed for
the standard of this research work.
1.8 Methodology
of the Work
The methodology adopted in carrying out this research
work includes the following;
1. Doctrinal methodology
2. Non Doctrinal methodology
3.
and internet research methodology.
By way of analysis, Doctrinal
methodology was used in this work by reading and researching through legal
books, journals, dictionaries, encyclopedia, and other secondary sources to extract information
necessary for analysis and comparism legal
propositions, and thereby resolve the questions posed by this particular
area of law.
Secondly, the application of non doctrinal methodology
at the course of this research is of empirical purpose and whereby I obtained information
relating to the various petroleum laws in relation to the practical conduct of
multi-national petroleum industries in the society and the people therein
example, Niger Delta, through questions and observations
Lastly, materials obtained through internet research
was of immense resourceful for the purpose of completion and input knowledge of
this work.
[1] C.A
Omaka The Nigerian Conservation Law Lion’s
Unique Concept, Lagos Nigeria,2004) P38
[2]
Pollutant is defined by the petroleum (Drilling and Production) Regulation,
1969 as including crude oil, mixture containing oil effluence s, mud or other
fluid. Substances (see Regulation 25).
[3]
Pollution is defined by the Petroleum (Drilling and Production)
Regulation, 1969 as including crude oil.
Mixture containing oil effluences, mud or other fluid. Substances (see
Regulation 25).
[4] Offenses
“Environment Pollution www.NigerDeltaCampaign.com
[5] Ibid
[6] [2013]
Available at htt/./www.vanguard ngr.com searched on 31/01/2013
[7] Oladele
G.A., “A Comparative Study of the Legal Control of Oil Pollution in Nigeria and
Under International Law”’ 2012) Vol.1, No 2, Commercial an Industrial Law Journal, .
[8] Ibid
[9] 2013
published on http./.www.recht spreak.nl under number LDN BM1469 Searched on
14the December
[10]J.A
Omotola Environmental Laws in Nigeria
Including Compensation (Faculty of Law University of Lagos, 1990), page 222.
[11] Section
1 (1) of Oil in Navigable Waters Degree 1968
[12] Ibid.
[13] S. 3 of
the decree Ibid
[14] Ibid S.
5(5)
[15]Ibid S.
7(5)
[16]Ibid S.
8(8)
[17] Ibid S.
10
[18] Geneses
1:1-3, “Good News Translation” (American Bible Society,1992) 2nd
Edition P1
[19] Adm and
Eve were housed in a comfortable garden of Eden god. Gen.2;8 ibid
[20]
Prohibition of discharge of harmful quantities of hazardous substances
including oil into the environment or adjourning
shoreline except where such discharge is authorized by law enforce in Nigeria
see section 21 and section
32 FEPA for punishment.
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