The Niger Delta is home to much of Nigeria?s oil industry—about 2 million barrels of oil are extracted from the area each day—and it has become the site of major pollution from hydrocarbons. Between 1976 and 2001 there were nearly 7,000 incidents involving oil spills in which most of the oil was never recovered, and an average of 240,000 barrels a year are spilled into the Niger delta, often because of mechanical failure or oil pirates. The spills contaminate the water, air and land with carcinogens like polycyclic aromatic hydrocarbons. A 2013 article estimates that widespread pollution from the spills could have an impact on crops and lead to a 24% increase in childhood malnutrition. Crude oil contamination can also cause infertility and cancer. Therefore, the need to curb this trend cannot be overemphasised.

To start with, laws and regulations should be put in place to prevent, reduce and control pollution emanating from operations in the exploration and production of petroleum are not without their shortcomings. The level of compliance to the laws is still very low, because more often than not, there are spates of violence in the Niger Delta area which is the centre of activities of oil production in Nigeria. The acts of violence are majorly fallouts of unsustainable practices in the industry which gives rise to incessant oil spills and pollution of the waters. This consequently endangers the lives and business of the people because fishing and farming are the main sources of livelihood of the people in the area.

The appointment of the Minister of Petroleum Resources should not just be political but should be a position occupied by an expert, for effective and efficient functioning. Monitoring committees/taskforce should be constituted by professionals in the field, to carry out inspections of facilities and operations since they are technical functions that require technical expertise.

Technicalities in interpretation of the laws by the courts, the inability of the lawmakers to constantly review, amend, or repeal out-dated provisions of laws are some of the loopholes capitalized on by operators in the industry. The threat of revocation of license or lease have not been effective in checking the excesses of the oil producing companies because they have observed the lack-lustre manner with which the government conduct their affairs. The ?man-know-man? syndrome is another factor that makes enforcement of the laws unattainable.

Considering the magnitude of damage that oil spills can cause to the coastal lines and the totality of the environment, the reporting lines should be well defined. Also, there should be the development of rapid response strategies for containment of oil spills. Environmental tribunals should be constituted that will adjudicate on matters relating to the environment. The court should have experts that are conversant with present trends that can advise the court on technical matters and keep abreast of developments.

In matters of pollution involving corporate bodies, the alter ego of the companies should be individually and collectively responsible for polluting the environment. Pollution of the waters in the coastal areas should be viewed as crime against humanity, therefore a violation of human rights. This is because people living in the coastal areas depend on the waters for drinking, bathing, and fishing which is their major source of livelihood. Therefore companies and individuals should be held civilly and criminally liable.

An active oil industry bill is required to serve to protect and improve the coastal waters of Nigeria and the totality of the environment as stipulated under Section 20 of the Constitution of the Federal Republic of Nigeria 1999. This section states that ?the state shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria.? This provision should be made justiciable.

The legislature, judiciary and the different agencies saddled with the responsibilities of safeguarding the environment must be ready to do all to enhance sustainable practices, to manage the environment today and the for future generation. I believe that this is the way forward.

Sources

http://science.time.com/2013/11/04/urban-wastelands-the-worlds-10-most-polluted-places/slide/niger-river-delta-nigeria/

http://www.ierdafrica.org.ng/resources/Water%20Pollution%20in%20Nigeria%20Coastal%20Areas%20Challenges%20(Ajayi).pdf

Photo credit © Akintunde Akinleye / Reuters