ABSTRACT
The Niger
Delta region which presently consists of the following states Abia, Akwa-Ibom,
Bayelsa, Cross River, Delta, Edo, Imo, Ondo, Rivers among others has been
attributed with oil exploration and exploitation which has begun ab abstequi,
since the discovery of oil in large commercial quantity there as at around
1955-1956. The impact of the activities that go on in these states in a bid to
explore and exploit oil has been having gross impact on the environmental
condition of Nigeria, in all spheres including; land, marine and atmosphere.
Environmental
degradation, Oil spillage, Soil impoverishment, marine pollution, loss of
aquatic life inter-alia are part of the gross effect that the oil exploration
in the Niger Delta has had on the environment of the Nation. This work drives
its focus particularly on the environmental degradation especially in relation
to the Niger Delta; the thesis will be appraising several laws, policies and
insights in relation to Environmental degradation in the Niger Delta.
In a bid to achieve
the aims of the thesis which will be expressly spelt out in its first chapter,
both primary and secondary sources of law will be used as resources, as well as
several methodologies of research, such as the doctrinal and empirical research
methodologies.
TABLE OF CONTENT
Title page
Abstract
Table of Content
List of Statutes
List of Abbreviations
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0. Introduction
1.1.0. Background
of the Study
1.2.0. Aims
and Objectives of the Study
1.3.0. Scope
of the Study
1.4.0. Statement
of Problem
1.5.0. Research
Methodology
1.6.0. Literature
Review
1.7.0. Organizational
Layout
CHAPTER TWO
NIGERIA ENVIRONMENTAL POLICY AND
ENVIRONMENTAL DEGRADATION
2.0.0. Introduction
2.1.0. History of Nigeria Environmental
Policy
2.2.0. Environmental Degradation and
Problems
2.2.1. Land Degradation
2.2.2. Oil Spills
2.2.3. Air Pollution
2.2.4. Gas flares
2.3.0. Effects of Environmental Problems
in Nigeria
2.4.0. Conclusion
CHAPTER THREE
OIL EXPLORATION IN THE NIGER DELTA
REGION
3.0.0. Introduction
3.1.0. The Niger Delta Environment
3.2.0. Oil Exploration in the Niger
Delta
3.3.0. Effect of Oil Exploration in the
Niger Delta on Nigerian Environment
3.4.0. Conclusion
CHAPTER FOUR
LEGAL AND POLICY FRAMEWORKS IN RELATION
TO THE ENVIRONMENTAL PROBLEM IN THE NIGER DELTA
4.0.0. Introduction
4.1.0. National Environmental Laws
4.1.1. The Constitution of the Federal
Republic of Nigeria 1999 (CFRN 1999)
4.1.2. The National Environment
Standards Regulation Enforcement Agency (Establishment) Act 2007 (NESREA Act
2007)
4.1.3. The National Oil Spill and
Detection Agency (Establishment) Act 2006 (NOSDRA Act 2006)
4.1.4. The Environmental Impact
Assessment Act (EIA Act), CAP E12 LFN 2004
4.1.5. Petroleum Act CAP P10 LFN 2004
4.1.6. The Oil Pipelines Act CAP O7 LFN
2004 (OPA)
4.2.0. Bodies and Policies in relation
to Environmental Problems in Nigeria
4.3.0. Causes of Environmental
Degradation in Niger Delta and Nigeria
4.4.0. Conclusion
CHAPTER FIVE
5.0.0
SUMMARY, CONCLUSION AND RECOMMENDATION
5.1.0. Summary
5.2.0. Conclusion
5.3.0. Recommendations
Bibliography
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION:
Environmental
degradation is the decline of the environment as a result of running down of
the ecosystem (i.e. the air, water resources, and the soil), resulting in the
destruction of ecosystems, and the gradual extinction of wildlife. Simply put,
environmental degradation is defined as any harmful or undesirable change, or
disturbance to the environment. This happens when the earth’s natural resources
have been badly tampered with, thus compromising the environment to all sorts
of hazards, ranging from the extinction of species, pollution of the air that
we breathe, the water that we drink, and the soil we plant our agricultural
products.
Environmental
degradation can be occasioned in different ways and manners ranging from land
and marine pollution to gas flaring among various other environmental vices.
The Niger Delta region of Nigeria has over the years been categorized as the
center for environmental degradation and oil spilling as well as gas flaring
due to it. The delta covers 20,000 km² within wetlands of 70,000 km² formed
primarily by sediment deposition. Home to 20 million people and 40 different
ethnic groups, this floodplain makes up 7.5% of Nigeria's total land mass.
It is the largest wetland and maintains the
third-largest drainage basin in Africa. The Delta's environment can be broken
down into four ecological zones: coastal barrier islands, mangrove swamp
forests, freshwater swamps, and lowland rainforests.
This incredibly
well-endowed ecosystem contains one of the highest concentrations of biodiversity
on the planet, in addition to supporting abundant flora and fauna, arable
terrain that can sustain a wide variety of crops, lumber or agricultural trees,
and more species of freshwater fish than any ecosystem in West Africa. The
region could experience a loss of 40% of its inhabitable terrain in the next
thirty years as a result of extensive dam construction in the region.
Even though the
Niger Delta can be described as one of the wealthiest region in Nigeria due to
the many natural resources generated in and from the region, it is saddening to
realize that this wealth is being tampered continuously by both human elements
and other influencing factors. Overall, the Niger Delta region in Nigeria is an
important ecosystem that needs to be properly protected and guarded because of
the high prospects it bears in many aspects and fields of the Nigerian
environment, including the marine wellness as well as other environmental
areas.
This project
which is the foundation of this dissertation is one which seeks to shed light
to the topic which forms the hub around which this work revolves as well as put
an end through its recommendations, ideal approach and contributions to
knowledge to the menace of environmental degradation in our society.
1.1.0. BACKGROUND OF THE STUDY:
This study has
become very pertinent owing to the recurrence of the factors leading to
environmental degradation in the Niger Delta region both in the sector of oil
and gas as well as the marine field. This degradation is being occasioned continually
and it has caused a large decline in the marine and agricultural resources of
the region and the nation at large.
The legal
framework in relation to this cannot be totally condemned even though there are
a number of lacunae and rooms for improvement. Environmental related laws have
been in force in Nigeria over the years and have been adopted by the government
and people for different purposes. The laws that form this framework will also
be checked critically by the work.
Another
background against which this work is set is in relation to the environmental
rights of the people of Nigeria and particularly the Niger Delta people whose
environmental rights contained and endorsed by both municipal and international
laws have been trampled upon and its enjoyment have been hindered by the
degrading elements and factors affecting the environment.[1]
1.2.0. AIMS AND OBJECTIVES OF THE STUDY
This research
work seeks to achieve the following:
1.
To
clearly state and represent the environmental impacts of the activities (like
oil spill, marine pollution) in the Niger Delta region in Nigeria with a view
to provide lasting solution to these environmental vices.
2.
To examine the oil exploration as
well as oil spillage in the Niger Delta region in Nigeria
3.
To analyze and appraise the various
environmental laws in Nigeria as well as the implementation of these laws.
4.
To assess the applicable enforcement
strategies and its efficacy in the control of environmental vices in the Niger
Delta and across the Nigerian state.
5.
To evaluate policies and the steps
taken by the Nigerian government in a view to make the situation better.
6.
To recommend solutions on how the
situation can be bettered and optimized.
1.3.0. SCOPE OF THE STUDY:
This study is
one with scope but territorial and theoretical as it is not a research work
which is in vacuum or limitless. This study covers environmental degradation
and all that leads to it in the Niger Delta region in Nigeria. The work also
analyses various Nigerian legislations related to the subject matter that have
existed till date.
The scope of
this work also covers the effect and implications of environmental degradation
on the Niger Delta society as well as its causes. The work shall take a dice
into the various frameworks in international laws in relation to environments
and environmental rights.
1.4.0. STATEMENT OF PROBLEM:
Environmental
degradation is an environmental vice which affects the value of the environment
grossly such that it can make a once very rich region the poorest and most inhabitable
one. The problem of Environmental Degradation in the Niger Delta is pressing
and need to be addressed promptly so as not to allow it get worse and beyond
control.
This problem is
not limited to the environmental sector in the society, rather it has permeated
many other sectors such that it has made the criminal occurrence rate in the
Niger Delta region to increase due to the impoverishment of the region, and it
has also affected the economy and even cultural heritages of the region. This
research work seeks to take the bull by its horns by ensuring that the basis of
all these problems; the environmental degradation of the Niger Delta is keenly
addressed.
1.5.0. RESEARCH METHODOLOGY:
The methodology
of this research work is the doctrinal research methodology wherein several
primary sources of law including the constitution, enactments in relation to
environments as well as case laws are examined. Also, while adopting the doctrinal
research methodology this work will concentrate on secondary sources including textbooks,
articles, and journals among others.
In the course of
the research, the empirical research methodology will also be adopted in a bid
to ensure that secondary data that have been collected over the years and which
have been proven to be correct are relied upon in the work and reliable data
are taken from them.
[1] See
generally, Kaniye Ebeku, The right to a satisfactory environment and the
African Commission. (2003) 3 African Human Rights Journal 149.
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