Enforcement of environmental laws in the oil and gas industry: quo vadis Nigeria?

Akerele, Okwanuzor Nwaamaka

Abstract

The importance of law in promoting environmentally responsible attitudes and actions cannot be overstated. Legislation is an effective tool for environmental protection, pollution planning, pollution prevention and pollution control. Nigerian environmental laws can be compared favorably to standards and regulations available in developed countries. However, these laws are not effectively enforced, because they exist only on paper. Oil companies in Nigeria and locals who vandalize pipelines brazenly violate various environmental laws and rely on loopholes in the enforcement framework to avoid responsibility for the sub-standard practices they choose to adopt. It is worthy of thought if Nigeria's environmental laws were created with compliance and enforceability in mind. The absence of enforcement of environmental regulations in Nigeria is the most significant reason for the country's persistent environmental degradation. Environmental protection and good environmental management are achievable only through effective and consistent enforcement of environmental laws. Thus, an effective environmental enforcement regime is an absolute necessity; its political, social and economic significance cannot be downplayed. While the Nigerian government has responded to environmental issues by creating agencies such as the National Environmental Standards and Regulations Enforcement Agency (NESREA), and the National Oil Spill Detection and Response Agency (NOSDRA), the efforts of these agencies have had minimal effects, if any, on the lives of the people directly affected by the negative externalities of oil production, most notably in the Niger-Delta region of Nigeria. Environmental policy has long been recognized in Nigeria and it is enshrined in the nation's constitution, which authorizes governments to conserve and develop the environment, and to maintain Nigeria's water, air, land, forests and wildlife. Nigeria has also ratified, accepted, approved, or acceded to several international environmental protection treaties, including the International Convention for the Prevention of Pollution of the Sea by Oil (1954, as revised in 1962), and subsequently implemented the Oil in Navigable Waters Act. Despite the prevalence of numerous environmental regulations and standards in Nigeria, and with a particular focus on the activities of polluters in all sectors of the country, environmental enforcement remains a challenge. The aim of this research is to seek out the most plausible explanation and critically evaluate the challenges and problems affecting environmental enforcement in Nigeria, with a particular emphasis on the activities of the oil and gas industry of the country. The research closes with recommendations for an effective enforcement in the oil and gas industry.

Citation

AKERELE, O.N. 2024. Enforcement of environmental laws in the oil and gas industry: quo vadis Nigeria? Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-2445711

• Thesis Type: Thesis
• Deposit Date: Aug 26, 2024
• Publicly Available Date: Aug 26, 2024
• DOI: https://doi.org/10.48526/rgu-wt-2445711
• Keywords: Environmental law; Oil and gas industry; Nigeria
• Public URL: https://rgu-repository.worktribe.com/output/2445711
• Award Date: Feb 28, 2024