ENVIRONMENTAL POLLLUTION AND CONTROL IN NIGERIA A CRITICAL APPRAISAL OF POLLUTION BY OIL COMPANIES

ABSTRACT

The popular saying among Environmentalists according to Prof. O. Osibanjo, Promoting Compliance with Environmental Standards and Regulations, in the Report of the First National Stakeholders Forum on the New Mechanism for Environmental Protection and Sustainable Development in Nigeria, p.52, is Protect the environment and all forms of development will last or be sustainable. The environment is our life support system in the global village we find ourselves today. This research work will basically examine environmental pollution and consider the various environmental laws enacted to curb environmental pollution. We would analyse whether these laws are adequate in controlling environmental pollution. We would also analyse which court has jurisdiction to entertain matters on environmental pollution and the remedies available to an aggrieved party who intends to prosecute a polluter. In carrying out this research recourse was had to literature review of relevant publications including legislations, treaty obligations ratified by Nigeria, textbooks, journals, magazines, decisions of courts, internet materials and articles in newspapers relating to the topic of the research. Materials were also sourced from papers presented at seminars and conferences.

TABLE OF CONTENTS

Title page i

Certification ii

Dedication iii

Acknowledgement iv

Table of Cases vviii

Table of Statutes ix

Table of Contents xxi

List of Abbreviations xiixiii

Abstract xiv

CHAPTER ONE: INTRODUCTION 1

1.1 Meaning of environment 5

1.1.1 Meaning of pollution

1.1.2 Meaning of Environmental Pollution: A Short History of the Concept. 9

1.2.1 Air pollution 12

1.2.2 Water pollution 13

1.2.3 Land pollution 13

1.2.4. Petroleum and Petrochemical Industry Pollution. 14

CHAPTER TWO

Review of some existing Laws relating to Environmental Pollution in Nigeria 16

2.1 National Environmental Standards and Regulations Enforcement Agency Act, 2007 A Review 21

2.2 Oil in Navigable Waters Act, Cap. O6 LFN 2004

A Review 38

2.3 National Oil Spill Detection and Response Agency

Establishment Act, 2006 A review

2.4 International Treaties like KYOTO Protocol 44

2.5 Adequacy or otherwise of the existing laws in meeting with environmental pollution challenges 50

2.6 Jurisdiction 52

CHAPTER THREE

31. Types of Pollution 60

3.1.1 Land Pollution 64

3.1.2 How does land get polluted 65

3.1.3 The effect of use of Agricultural chemicals in control of weeds and pests to the Environment. 71

3.1.4 How can land pollution be prevented 74

3.2 Air Pollution 78

3.3 Water Pollution 84

CHAPTER FOUR

4.1 Critical Appraisal of Pollution by Oil Companies 87

4.1.2 Gas Flaring 103

4.1.3 Gas Flaring Mandate, How Far Implemented 110

4.2 Water Pollution by Oil Spillage 117

4.3 Oil Companies Waste Dumping 127

4.4 Prosecution for Environmental Offences 133

CHAPTER FIVE

5.1 Conclusion 191

5.2 Recommendations 193

LIST OF ABBREVIATIONS

AC Appeal Cases

AFWLR All Federation Weekly Law Report

A.G Attorney General

All ER All England Report

ANLR All Nigeria Law Report

Cap Chapter

CFRN Constitution of Federal Republic of Nigeria

Ch Chancery

Ch.D Chancery Division

C.J Chief Judge

C.J.N Chief Judge of Nigeria

CPA Criminal Procedure Art