OIL AND GAS LAW MANAGEMENT

NAME OF STUDENT: KELECHI UROM EZE

MSC OIL AND GAS LAW STUDENT

PROPOSED TITLE: Environmental and Human Rights Violations in Nigeria’s Oil Producing
Communities: Environmental Justice

PHD RESEARCH BACKGROUND

Nigeria is recognised for its rich natural resources. Foremost amongst these is its large hydrocarbon
reserve. Nigeria currently produces 2.3 million barrels of crude oil per day, 1 making it the largest oil-
producing African nation and the 12th-largest oil producer in the world. 2 Reports from the Nigerian
Ministry of Petroleum Resources reveal that there are over 150 oil fields and 1481 oil wells located
within the Niger Delta Region, making it the largest oil reserve in Africa and the 10 th-largest in the
world.3 In terms of gross earnings, Nigeria earns over $28 billion annually from oil revenues, which
constitutes over ninety percent of the country’s aggregate revenue. 4

With these robust statistics, the relevance of hydrocarbon to the Nigerian economy cannot be
overemphasised. However, this success comes at a price - the price being the level of environmental
degradation occasioned by constant, unattended oil spills and deliberate gas flaring. The records
show that Nigeria has had over 4,000 oil-spill incidents ranging from minor oil spills of a few
hundreds of barrels to over half a million barrels in a single incident. 5 Presently, Nigeria is ranked
second (after Russia) in terms of countries with the highest volume of gas flares. 6

The resultant degradation of the environment has led to a crisis amongst the people living in the host
communities, and tension between them and the multinational companies operating in those
regions and violation of their basic human rights. These has resulted in kidnapping of oil workers and
1
NNPC http://www.nnpcgroup.com/NNPCBusiness/UpstreamVentures/OilProduction.aspx last visited on
6 July
2013.
2
ibid. See also S A Morocco-Clarke, ‘Improving Environmental Protection within the Nigerian Oil and
Gas Industry: Long Term National Solutions, Short Term International Solutions’ (2012) A PhD thesis submitted
to the University of Aberdeen.
3
M N Isah, ‘The Role of Environmental Impact Assessment in Nigeria’s Oil and Gas Industry’. (2012) A
PhD
Thesis submitted to Cardiff University.
4
N E Ojukwu-Ogba, ‘Legislating Development in Nigeria’s Oil Producing Region: The NDDC Act Seven
Years On’. (2009) 17AJICL 1.
5
M N Isah, (n.3) at 4.
6
World Bank websitehttp://www.worldbank.org/en/news/press-release/2012/07/03/world-bank-sees-
warningsign-gas-flaring-increase accessed on the 22 July, 2013.
the formation of several militia groups, all in an effort by the indigenous populations to “enforce”
their environmental rights and protect their human right. 7In view of the numerous crises and the
rapidly degenerating state of the environment, there is a need for the protection and preservation of
the environment through effective environmental impact assessment and strict adherence to
regulation.8

This research is an exploration of the environmental abuse and human rights violations related to oil
exploration and production in local communities in Nigeria (for instance Niger Delta), and of the role
and responsibilities of the major multinational oil companies in respect of those violations.
Communities like those in the Niger Delta has for so many years been the site of human right
violation. These violations of civil and environmental rights in these communities have resulted to
committed protests about the activities of the multinational oil producing companies. The people
who live there and the Nigerian security forces are always at logger head, resulting in extra-judicial
executions, arbitrary detentions, and oppressive restrictions on the rights to freedom of expression,
association, and assembly of the people. The oil companies also bear the responsibility of human
rights violations by imposing government forces in the areas in which they operate and the manner
in which they carry out their activities, being detrimental to the people.

Human Rights Watch visited the Niger Delta in 1997 to investigate human rights violations in
connection with the environmental abuse and the suppression of protest at oil company activities. 9
They found repeated incidents in which people were brutalized for attempting to raise grievances
with the companies; in some cases security forces threatened, beat, and jailed members of
community delegations even before they presented their cases. Such abuses often occurred on or
adjacent to company property, or in the immediate aftermath of meetings between company
officials and individual claimants or community representatives. The local people seemed to be the
object of this oppression simply for trying to protect their human right and environment, putting
forth an interpretation of a compensation agreement, or for seeking effective compensation for land
ruined or livelihood lost.

The question now is what a great country like Nigeria is doing to curtail these environmental
violations and human right abuse in this region caused by oil and gas explorations. Have the
environmental laws already in place been of help considering the existing situation?

THE REASON FOR THIS RESEARCH ON NIGERIA

The oil and gas industry cause a lot of difficulty for the people and the environment nationally as a
result of their exploitation and production activities. As the impacts of environmental problems are
becoming severe to the citizens of Nigeria and the entire environs, the Nigerian government has
7
V. Aigbokhaevbo ‘Environmental Terrorism In The Niger Delta: Implications for Nigeria’s Developing
Economy’. (2009) 2IELR 40.
8
M N Isah, (n.3) at 7.
9
Human Rights Watch January 1999
enacted so many laws to this effect in order to ensure healthy environment for its citizens. Some of
these laws are directed to oil activities, while some are directed to protect the different
compartment of the environment such as land, water, air and atmosphere.

Acknowledging the difficult context of oil and gas operations in Nigeria exposes the companies as
having a share of responsibility for a lot of environmental and human right abuse in the areas where
they are located; showing a major role they play. The environmental devastation the oil company has
caused to Ogoni lands in the Niger Delta was a primary reason for the Ogoni movement against
Shell.10 In 2006, the Niger Delta Natural Resource Damage Assessment and Restoration Project (an
independent team of scientists from Nigeria, the U.K. and the U.S.) characterized the Niger Delta as
“one of the world’s most severely petroleum-impacted ecosystems.” 11 The people of the Niger Delta
have seen their human rights undermined by oil companies that their government cannot – or will
not – hold to account. 12 Pollution and environmental damage caused by the oil industry have
resulted in violations of the rights to health and a healthy environment, the right to an adequate
standard of living (including the right to food and water) and the right to gain a living through work
for hundreds of thousands of people.13

The fight against environmental pollution from oil and gas exploitation in Nigeria recorded a massive
legal victory on the Wednesday 31 day of January 2013. 14 On this date the Dutch court decided that
the Royal Dutch shell Nigeria was responsible for the case of oil pollution in the Niger Delta and
ordered them to pay hug damages to affected farmers. 15

The Court of Justice of ECOWAS on the 14th of December 2012 before the above decision in SERAP v
The Federal Republic of Nigeria 16 held that the Nigerian government was responsible for the
environmental abuse by oil companies in Nigeria. 17 This case has been viewed as setting the much
expected precedent for litigation against the environmental pollution caused by powerful oil
companies in Nigeria and in Africa as a whole. Consequently, it has once again drawn the attention of

10
Factsheet: Shell's Environmental Devastation in Nigeria,
http://ccrjustice.org/learn-more/faqs/shell%2526%2523039%3Bs-environmental-devastation-nigeria
11
ibid
12
Oil industry has brought poverty and pollution to Niger Delta, Amnesty International
http://www.amnesty.org/en/news-and-updates/news/oil-industry-has-brought-poverty-and-pollution-to-
niger-delta-20090630
13
ibid
14
“Dutch Court says Shell responsible for Nigeria Spills” (30-01-2013) Reuters
http://www.reuters.com/article/2013/01/30/us-shell-nigeria-lawsuit-idUSBRE90S16X20130130
15
Ibid
16
GENERAL LIST N°ECW/CCJ/APP/08/09 JUDGMENT N° ECW/CCJ/JUD/18/12
http://www.courtecowas.org/site2012/pdf_files/decisions/judgements/2012/SERAP_V_FEDERAL_REPUBLIC_OF_NIGERIA.p
df> (assessed 06/02/2013)

17
“Press Release: Ground-Breaking ECOWAS Court Judgement Orders Government to Punish Oil Companies over
Pollution”(16-12-2012) Amnesty International <http://www.amnesty.org/en/for-media/press-releases/ground-breaking-
ecowas-court-judgment-orders-government-punish-oil-companie> (assessed 06/02/2013 )
the international community to the inadequacies of the Nigerian Regulatory policies of
Environmental protection and the seemingly weak Nigerian judiciary. 18

Further in the court ruling in Milieudefensie v Shell (the ruling was in favour of only one of the four
farmers who brought the action against the Company 19) is considered a positive step toward putting
in place a sense of responsibility by the huge oil companies for the environment and people,
although seen as a partial victory.

‘The fact that the law appears unable to hold oil companies responsible for the ongoing damage is a
serious gap in protection and one Nigeria must close’ 20. The question which weighs on one’s mind in
the light of this rulings is, “is there inadequate legislation regarding environmental protection in
Nigeria or is the problem brought about by lack of implementation, enforcement or compliance with
the existing laws in the Country?” What other “extra-judicial” factors are responsible for the lack of
willpower expressed by the Nigerian judiciary towards interpretation of the existing law against the
corporate perpetrators of environmental pollution and human right abuse?

RESEARCH PROBLEM STATEMENT

As Nigeria depends so much on oil production for economic growth and national development, many
exploration and exploitation activities are going on in the areas that contain huge reserves of crude
oil and gas deposits in Nigeria. Niger Delta in Nigeria is the main area where oil activities are going on
in Nigeria, and the inhabitants of this area have been receiving the negative impact of these
activities. The main issues of oil production in the Niger Delta are the problem of oil spillage;
different kinds of pollutions by oil waste; the issues of gas flaring; health effects and restiveness. As
for the gas flaring, it has been going on in the Niger Delta since the discovering and production of
crude oil in the 1960s, and also in many other areas where exploitation is going on in Nigeria. The big
question still remains how can the perpetrators of this environmental abuse and human right abuse
who are corporate entities be brought to justice, looking at the existing environmental and human
right laws in Nigeria. How can this Environmental justice in the light of human right abuse be
achieved?

RESEARCH METHODOLOGY

Given the legal and practical nature of the proposed topic for research, the methodology to be
adopted in the thesis will be analytical and expository. The thesis will utilize orthodox legal methods
of research including the doctrinal, historical, empirical and the case study approach in providing
answers to the research questions.

18
“Shell case show failure of Nigerian Judiciary” (31-01-2013) Inter Press Service News
<Agencyhttp://www.ipsnews.net/2013/01/shell-case-shows-failure-of-nigerian-judiciary/> (assessed 04/02/2013)

19
“Dutch Court ruling against Shell a partial victory” (30-01-2013) Friends of the Earth International
<http://www.foei.org/en/media/archive/2012/dutch-court-ruling-against-shell-a-partial-victory> (assessed 04/02/2013)

20
Audrey Gaughran see “Shell case show failure of Nigerian Judiciary” (31-01-2013) Inter Press Service News
<Agencyhttp://www.ipsnews.net/2013/01/shell-case-shows-failure-of-nigerian-judiciary/> (assessed 04/02/2013)
In the last decade there has been an amazing volume of litigation arising from environmental
degradation and pollution. This has increased the number of reported cases, where environmental
right has been linked with environmental protection. This thesis will thus analyse the relevant
decided and reported cases explaining the need for environmental justice in order preserve human
right and the human environment.

A look on Nigeria’s Domestic environmental protection laws, a glance at the multilateral

environmental Agreements and how they are enforced in Nigeria; and a perusal of relevant law
journals and articles online.

1. Research Objectives and Questions

The objective of the research is to find out ways to change the bad reputation caused by the
weakness of the Nigerian Judicial system, seemed to have been earned in the eye of the
international community regarding environmental pollution and human right abuse caused by Oil
exploration in the country. The research tries to provide answers to the following questions?

 Does Nigeria have an environmental protection regime that is adequate to address the
monumental environmental pollution in the oil sector?

 Is the problem of environmental pollution with regards to oil spillage brought about by lack
of implementation, enforcement or compliance with the existing laws in the Country?

 How much has Nigeria been able to enforce the principles of international environmental
law reflected in the various multilateral environmental Agreements to which she has
ratified in the aspect of environmental pollution from oil spillage?

 Is the Government of Nigerian biased against or incapable of addressing environmental

issues?

 Is the oil industry following the right environmental practices as stated by the current Law?

 What legal and extra-judicial factors are responsible for the restraint exercised by the
Nigerian judiciary towards interpretation of the existing law against the corporate
perpetrators of environmental pollution?

 How can the Nigerian Judiciary and Government be empowered to effectively interpret and
enforce environmental protection laws respectively?