Home / Current Issue / Paper 1705296
Traversing the Environmental Regulation of the Nigerian Petroleum Industry and Environment from FEPA to the Petroleum Industry Act
Subject area: Arts, Social Sciences and Humanities · Area of research: Petroleum and Environmental Law
Abstract
Since the discovery of oil in the late 1950s in Nigeria, the country has relied on the petroleum industry for most of its earnings. Consequently, a raft of legislation has been put in place to regulate the industry and these regulatory instruments have run the gamut from laws enacted to regulate the exploration and production activities of oil companies, right down to laws passed to protect the environment. This work traverses the major laws, regulators and instruments which shoulder the responsibility of overseeing the activities of the petroleum industry in Nigeria and protecting the environment from those activities. The regulation of the Nigerian petroleum industry over the past decades has come with lots of difficulty, shortcomings and conflicts. This work analyses the regulatory interface between various laws and regulatory bodies and culminates in recommendations to better protect the environment as well as the health and well-being of people residing in close proximity of oil operations.
Keywords
Nigeria, Environmental Protection, Petroleum Industry, Regulation, FEPA, Oil & Gas, Petroleum Industry Act.
References
[1] E. Addeh, ‘Has Respite Finally Come for Oloibiri?’ (11 August 2020) This Day<https://www.thisdaylive.com/index.php/2020/08/11/has-respite-finally-come-for-oloibiri> accessed 19/10/2023.
[2] J. Marshall, ‘Who Needs Oil?’ (2007) 195 (2611) New Scientist at 28.
[3] D. Yergin, The Prize: The Epic Quest for Oil Money and Power (New York: Simon & Schuster, 1991) 788.
[4] O. Nnodim, ‘Nigeria’s oil reserves hit 37.046 billion barrels, gas, 208.62TCF–FG’ (07 May 2022) Punch Newspaper<https://punchng.com/nigerias-oil-reserves-hit-37-046-billion-barrels-gas-208-62tcf-fg/>accessed 19/10/2023.
[5] W. Azeez, ‘NMDPRA: Nigeria’s natural gas reserves hit 209.5tcf — up by 1.4% in one year’ (02 March 2022) The Cable Newspaper <https://www.thecable.ng/nmdpra-nigerias-natural-gas-reserves-hit-209-5tcf-up-by-1-4-in-one-year> accessed 19/10/2023.
[6] A. Morocco-Clarke, ‘In the midst of so much injustice, can there be a seat for energy justice at the Nigerian table?’ (2023) Journal of World Energy Law and Business, 3. <https://doi.org/10.1093/jwelb/jwad003> accessed 19/10/2023.
[7] A. Quarto, ‘Third World Traveller - In a Land of oil and Agony’, Earth Island Institute, Summer 2000 <http://www.thirdworldtraveler.com/Africa/Nigeria_Land_Oil_Agony.html>accessed 19/10/2023. Another Source states that oil has generated an estimated $600 billion since the 1960s. G. Wurthmann, G., ‘Ways of Using the African Oil Boom for Sustainable Development’ (African Development Bank) Economic Research Working Paper Series, No. 84, March 2006.
[8] J. Donovan, ‘Nigeria Oil Revenue Rose 46% to $59bn in 2010 on Improved Security’ (18 April 2011) <http://royaldutchshellplc.com/2011/04/18/nigeria-oil-revenue-rose-46-to-59bn-in-2010-on-improved-security/>accessed 19/10/2023.
[9] Premium Times, ‘Nigeria records 4,919 oil spills in 6 years, 4.5trn barrels stolen in 4 years — Minister’ (06 July 2021)Premium Times<https://www.premiumtimesng.com/news/headlines/471901-nigeria-records-4919-oil-spills-in-6-years-4-5trn-barrels-stolen-in-4-years-minister.html>accessed 19/05/2023. Also, Saint, E., ‘Timeline: Half a century of oil spills in Nigeria’s Ogoniland’ (21 December 2022) Aljazeera<https://www.aljazeera.com/features/2022/12/21/timeline-oil-spills-in-nigerias-ogoniland#:~:text=Since%20oil%20was%20discovered%20in,oil%20spill%20incidents%20have%20happened.> accessed 19/10/2023.
[10] i.e. between 1970 and 1982.
[11] Ted Studies, ‘Ogoni and Oil - Nigeria Petroleum Pollution in Ogoni Region’, Case No. 149 <http://www.american.edu/TED/OGONI.HTM>accessed 19/10/2023.
[12] Federal Ministry of Environment,‘Niger Delta Natural Resource Damage Assessment and Restoration Project: Phase 1 – Scoping Report’, (31 May 2006) Federal Ministry of Environment, Abuja, Nigeria Conservation Foundation, Lagos, WWF UK, CEESP- IUCN Commission on Environmental, Economic, and Social Policy<http://www.docstoc.com/docs/32388620/IMPACT>accessed 19/05/2023.
[13] M. Udome, ‘Fresh oil spill from Shell facility pollutes Okulu River in Rivers State’ (13 June 2023)Sweet Crude reports<https://sweetcrudereports.com/fresh-oil-spill-from-shell-facility-pollutes-okulu-river-in-rivers-states/> accessed 19/10/2023. Also, A Adesanya, ‘Fresh Oil Spill From Shell Nigeria Pollutes Okulu River’ (14 June 2023) Business Post<https://businesspost.ng/economy/fresh-oil-spill-from-shell-nigeria-pollutes-okulu-river/> accessed 19/10/2023.
[14] The Climate Justice Programme and Environmental Rights Action/Friends of the Earth Nigeria, ‘Gas Flaring in Nigeria: A Human Rights, Environmental and Economic Monstrosity’ (Amsterdam: ERA/Climate Justice Programme, 2005). See particularly the separate ‘Section 2’ titled “Gas Flaring Started Under British Rule, With Its Double Standards” which could be found at <http://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/section2>accessed 10/08/2023.
[15] This Act shall be exhaustively covered subsequently.
[16] Chapter 131 Laws of the Federation of Nigeria 1990; Subsequently Chapter F10 Laws of the Federation of Nigeria 2004. FEPA’s position is cemented within Nigerian Environmental Law history because it was the first definitive legislation dedicated to the regulation and protection of the environment in Nigeria and lends good understanding about some regulations and policies and succeeding legislations.
[17] Y. Omorogbe, Oil and Gas Law in Nigeria, (Lagos: Malthouse Press Limited, 2001) 137.
[18] The toxic waste was dumped in an illiterate native’s backyard after negotiating to lease his backyard space for a monthly rent of $50.00 (Fifty Dollars). The native was not informed of the toxicity of the contents of the containers which were placed in his yard. The FEPA Act was swiftly followed by the Harmful Waste (Special Criminal Provisions, etc.) Decree 1988.
[19] O. Olapade, ‘Politics of Oil Pollution’, The Guardian(21 June 1997) 21.
[20] M.A. Ikhariale, ‘A Constitutional Imperative on the Environment: A Programme of Action for Nigeria’, in O/A. Osunbor, S. Simpson and O. Fagbohun (eds.) Environmental Law and Policy, (Lagos: Lagos Law Centre of the Lagos State University, 1998) 56.
[21] B. Ajibola, ‘The Protection of the Nigerian Environment Through Law’, in F. Shyllon, (Ed.) The Law and Environment in Nigeria, (Ibadan: University of Ibadan Press, 1999). Pg. 80.
[22] Chapter C38 Laws of the Federation of Nigeria 2004.
[23] As well as a further sum of £2.00 for every day the offence continues after conviction.
[24] G.I. Malumfashi, ‘Phase-Out Of Gas Flaring In Nigeria By 2008: The Prospects Of A Multi-Win Project (Review Of The Regulatory, Environmental And Socio-Economic Issues’ (July 2007) Petroleum Training Journal (PTJ) Vol. 4 No. 2, <http://phase1.nccr-trade.org/images/stories/publications/IP6/Nig_GasFlaring_Petroleum%20Training%20Journal%20(PTJ)%20Vol[1].%204%20No.%202%20July%202007.pdf>accessd 24/08/2023. 16.
[25] Section 4.
[26] Section 20 (2&3) of the FEPA Act.
[27] Section 5(g) of the FEPA Act.
[28] Section 5(h) of the FEPA Act.
[29] Launched on the 27th of November 1989. Also A. Adegoroye, ‘The Challenge of Environmental Enforcement in Africa: The Nigerian Experience’ (25 – 28 April 1994) A paper presented at the Third International Conference on Environmental Enforcement (Oaxaca, Mexico), 43 at 43 and 44 <http://www.inece.org/3rdvol1/pdf/adegoro.pdf>accessed 24/09/2023.
[30] Omorogbe, ibid at 139.
[31] No. 86 of 1992.
[32] Subsequently known as Act No. 59 of 1992.
[33] Subsequently the Federal Ministry of the Environment and the Department of Petroleum Resources.
[34] Section 2.
[35] The projects on the Mandatory Study List are specified in the Schedule to the Act.
[36] Emphasis supplied. Section 14(d).
[37] Section 7.
[38] Section 9.
[39] T. Dadiowei, T., Environmental Impact Assessment and Sustainable Development in the Niger Delta: The Gbarain Oil Field Experience (Working Paper No.24, 2009) <http://oldweb.geog.berkeley.edu/ProjectsResources/ND%20Website/NigerDelta/WP/Dadiowei_24.pdf>accessed 25/10/2023. It has been alleged in this working paper that Shell rejected an initial EIA report which did not favour their operation. Pages 19 – 21 of the paper.
[40] The Nigerian arm of Friends of the Earth.
[41] Dadiowei, ibid at 19.
[42] Dadiowei, ibid at 20.
[43] Suit No: FHC/CS/B/126/2005 (Unreported).
[44] Suit No. FHC/PH/CS/518/2005 (Unreported).
[45] Unreported Suit No. FHC/2CS/573/93. Ruling was delivered on the 17th February 1997.
[46] Suit No. FHC/CS/B/153/2005 (Unreported).
[47] Particularly Shell. Ted Studies, ‘Ogoni and Oil - Nigeria Petroleum Pollution in Ogoni Region’, Case No. 149 <http://www.american.edu/TED/OGONI.HTM>accessed 24/09/2023.
[48] The DPR was one of the regulatory bodies scrapped by the Petroleum Industry Act 2021, however due to the importance it played as a regulator of the petroleum industry, it has been included here.
[49] Section 10 of the Nigerian National Petroleum Corporation Act.
[50] It should be made clear at this point that statutorily it was the duty of the Minister of Petroleum Resources to grant licences and leases. The DPR however vetted and processed all applications for such licenses and leases; as well as made the necessary recommendations to the Minister for consideration.
[51] Department of Petroleum Resources, ‘About DPR: Historical Background’<http://www.dprnigeria.com/aboutus.html> accessed 29/03/2022.
[52] Department of Petroleum Resources, ‘About DPR: Organizational Roles’ <http://www.dprnigeria.com/dpr_roles.html>accessed 18/03/2022.
[53] A. Morocco-Clarke and F. Abubakar Sodangi, ‘Not Far Enough?: An Assessment of the Regulation of the Nigerian Oil Industry' (2023) African Journal of Law and Human Rights, Vol 7, No 1. Pg. 117 at 124. <https://journals.ezenwaohaetorc.org/index.php/AJLHR/article/view/2528/2602> Accessed 22/10/2023.
[54] Although the FEPA’s scope of authority was not restricted to the petroleum industry (as it had the powers to deal with all issues which required environmental protection or which had the propensity to adversely affect the environment irrespective of location or industry), it nevertheless had powers to oversee the environmental compliance of the petroleum industry. While on the other hand, the DPR is restricted to overseeing only the petroleum industry and not just environmental matters therein.
[55] A. Adegoroye, ‘The Challenges of Environmental Enforcement in Africa: The Nigerian Experience’ (25 – 28 April 1994) A paper presented at the Third International Conference on Environmental Enforcement (Oaxaca, Mexico). <https://nigerianlawguru.com/articles/environmental%20law/THE%20CHALLENGES%20OF%20ENVIRONMENTAL%20ENFORCEMENT%20IN%20AFRICA,%20THE%20NIGERIAN%20EXPERIENCE.pdf> Pg.43 at 51 – 52 accessed22/10/2023.
[56] ibid at 52. PIDR refers to Petroleum Inspectorate Department of the Ministry of Petroleum Resources.
[57] The Federal Ministry of Environment of Nigeria, ‘Profile’<http://environment.gov.ng/about-moe/profile/>accessed 30/03/2023). By virtue of the Presidency Circular with Reference No. SGF.6/S.22/1 of the 12th of October 1999 (which emanated from the Office of the Secretary to the Federal Government), the FEPA was scrapped and replaced by the FMENV. However, the FEPA Act itself was not repealed until 2007 when the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act came into being. The abolishment of the FEPA in 1999 meant that there was no enabling law on enforcement issues for the environment as the agency created under the FEPA Act had been made defunct by presidential proclamation. This was a very peculiar situation which resulted in a myriad of regulatory enforcement issues. National Environmental Standards and Regulations Enforcement Agency (NESREA), ‘FAQ’ < https://www.nesrea.gov.ng/faq/>accessed 30/10/2023.See also,The National Oil Spill Detection and Response Agency (NOSDRA), ‘Know More About NOSDRA: Background and Establishment’<http://www.nosdra.org/about_nosdra.html>accessed 30/03/2023.
[58] Ibid.
[59] A.O. Adeyemo, Assessing Environmental Protection and Management Systems in West Africa: A Case Study of Nigeria(Southern Illinois University at Carbondale, (ISBN: 9780549733898; Publication No. AAT 1456946, 2008) 79. <http://www.geography.siu.edu/pdfFiles/Graduate/GradPapers/Adeyemo.pdf>accessed 18/03/2023).
[60] Issued by the Department of Petroleum Resources in 1991. Revised and re-issued in 2002, 2018 and updated in 2022. It is commonly assumed that the EGASPIN were issued based on the powers conferred by to Section 9(1) (b) (iii) of the former Petroleum Act which gives the Minister the power to make regulations with regards to “the prevention of pollution of water courses and the atmosphere.” However, there is a dichotomy regarding the legal status of the EGASPIN as nowhere in the document is it stated pursuant to what Act or Regulation it is made. Indeed, the United Nations Environment Programme (UNEP) which conducted a field research of Ogoniland which lasted about fourteen months was unable to clarify whether or not the EGASPIN is a legally enforceable instrument or a non-enforceable guideline. Its attempts to gain clarification from officials of the DPR and the National Oil Spill Detection and Response Agency (NOSDRA) failed to shed any light on this issue. See United Nations Environment Programme, ‘Environmental Assessment of Ogoniland’ (2011) 140 <http://postconflict.unep.ch/publications/OEA/UNEP_OEA.pdf>accessed 21/03/2023.
[61] Comprising of 361 pages divided into 8 parts.
[62] Morocco-Clarke and Sodangi, ibid at125.
[63] United Nations Environment Programme, ibid at 138. It must be stressed here that the EGASPIN is not a piece of legislation as stated by the UNEP as it is neither a law nor a regulation, but only a series of guidelines stipulating standards and the manner upon which companies/operators which carry out operations in the Nigerian petroleum industry are supposed to conduct these operations.
[64] National Environmental Standards and Regulations Enforcement Agency of Nigeria Act 2007.
[65] N. Benebo, ‘Using Enforcement Cooperation to Promote Environmental Governance: The Case of the National Environmental Standards and Regulations Enforcement Agency of Nigeria’, (20 – 24 June 2011) A paper presented at the 9thInternational Conference on Environmental Compliance and Enforcement (British Columbia, Canada). 2. <http://inece.org/conference/9/papers/Benebo_Nigeria.pdf>accessed 02/08/2023.Also S. Okenwa, ‘Odey Wants Reversal of Cites Ban as Nesrea Raises Stake in Wildlife Protection’, AllAfrica.com (4 February 2010) <http://allafrica.com/stories/201002040576.html>accessed 30/07/2023.
[66] Benebo, ibid at 2.
[67] Hereinafter referred to as NESREA.
[68] National Environmental Standards and Regulations Enforcement Agency,‘About NESREA: The Establishment of the National Environmental Standards and Regulations Enforcement Agency (NESREA)’<http://www.nesrea.org/about.php> accessed 02/08/2023.Also Benebo, ibid.Further, Okenwa, ibid.
[69] The NESREA Act 2007 was accented to by the Nigerian. President on the 30th of July, 2007. Once it came into law, the FEPA Act was repealed. Also The Federal Ministry of Environment of Nigeria, ‘NESREA’<http://environment.gov.ng/about-moe/departments-agencies/agencies-paralstatals/national-environmental-standards-regulatory-and-enforcement-agency-nesrea/>accessed 03/08/2022.
[70] Section 20 of the constitution states that “the State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.” By virtue of Section 2 of the NESREA Act, the NESREA shall “...have responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology, including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines.”
[71] Federal Ministry of Environment of Nigeria, ‘NESREA’, ibid.The NESREA has the vision and mission of ensuring “a cleaner and healthier environment for Nigerians” and “to inspire personal and collective responsibility in building an environmentally conscious society for the achievement of sustainable development in Nigeria” respectively. Also Benebo, ibid at 3.
[72] i.e. the NESREA.
[73] Emphasis added.
[74] Emphasis added.
[75] Emphasis added.
[76] Emphasis added.
[77] Emphasis added.
[78] Emphasis added.
[79] Emphasis added.
[80] The exclusion of the oil and gas industry from the ambit of NESREA runs through the entire gamut of the NESREA Act. See Section 8(g), which specifies that the NESREA is empowered to conduct public investigations on pollution and the degradation of natural resources, except investigations on oil spillage. Sections 8(k), (l), (m), (n) & (s), as well as Sections 24(3), 29 and 30(1)(a) contain similar provisions which state that the scope of the authority of the NESREA does not extend to the oil and gas sector. The notable exception to the foregoing which has been identified above is Section 7(c) of the NESREA Act, which gives the NESREA the power to enforce compliance with international agreements, protocols, conventions and treaties on the environment including those covering oil and gas. It thus leads to the question, how can the NESREA carry out its functions as stated in sub-sections (c) and (e) of Section 7 of the NESREA Act (especially sub-section (c)) without running afoul of the provisions of sub-sections (g), (h), (j), (k) and (l) of the same section. This is more so because most Treaties and Conventions are not enforceable within a State unless and until they have been transposed into domestic law and this is the case with the Treaties in question in sub-section (c). Section 7 of the NESREA Act appears to give powers to the NESREA with one hand, but take it away with the other. It must however at this point be stated that so far, the NESREA’s conduct of its functions and duties have been such as they do not involve the petroleum industry as issues involving the petroleum industry are left to the DPR and NOSDRA.
[81] Benebo, ibid at 3.
[82] L. Carney, ‘Nigeria Fears E-Waste 'Toxic Legacy'’ (19 December 2006) BBC World Service's Dirty Business<http://news.bbc.co.uk/1/hi/world/africa/6193625.stm>accessed 18/08/2023.Also G. da Costa, ‘Nigerian Official says E-Waste Dumping is Crime Against Humanity’, (23 July 2009) Voice of America<http://www.voanews.com/english/news/a-13-2009-07-23-voa34-68653672.html>accessed 18/08/2023. Further,D. de Guzman, ‘E-waste Dumping in Nigeria’, (19 February 2009) ICIS Green Chemicals<http://www.icis.com/blogs/green-chemicals/2009/02/e-waste-dumping-in-nigeria.html>accessed 18/08/2023.And P. Ibe, ‘Ship Laden With Toxic Waste ‘Heading for Nigeria’’, (15 April 2010) allAfrica.com<[http://allafrica.com/stories/201004150384.html>accessed 18/08/2023.
[83] The National Oil Spill Detection and Response Agency (Establishment) Act No. 15 of 2006.
[84] Federal Ministry of Environment of Nigeria, ‘NOSDRA’<http://environment.gov.ng/about-moe/departments-agencies/agencies-paralstatals/national-oil-spill-detection-and-response-agency-nosdra/>accessed 16/08/2021). AlsoNational Oil Spill Detection and Response Agency, ‘Foreword’,<http://www.nosdra.org/foreword.html>accessed 18/03/2023.
[85] Section 5 of the NOSDRA Act.
[86] United Nations Environment Programme, ‘Environmental Assessment of Ogoniland’, ibid.
[87] ibid at 139.
[88] ibid at pg. 206.
[89] Morocco-Clarke and Sodangi, ibid.
[90] C. Mba, ‘Only 2% of Oil Spillages cleaned up in 5 years due to NOSDRA’s dependent relationship on Oil Companies in Nigeria’ (2 July 2021) Dataphyte<https://www.dataphyte.com/latest-reports/development/only-2-of-oil-spillages-cleaned-up-in-5-years-due-to-nosdras-dependent-relationship-on-oil-companies-in-nigeria/> Accessed 23/10/2023.
[91] ibid.
[92] Mongabay, ‘Latest Nigeria oil spill highlights ‘wretched’ state of the industry’ (24 February 2022) Mongabay<https://news.mongabay.com/2022/02/latest-nigeria-oil-spill-highlights-wretched-state-of-the-industry/> Accessed 23/10/2023.
[93] ibid.
[94] Section 310 of the PIA.
[95] Chapter A25 Laws of the Federation 2004.
[96] Chapter N124 Laws of the Federation of Nigeria 2004.
[97] Chapter N123 Laws of the Federation of Nigeria 2004 (as amended), when NNPC ceases to exist pursuant to Section 54(3) of the PIA.
[98] Chapter P13 Laws of the Federation of Nigeria 2004, upon completion of the conversion process under Section 92 of the PIA.
[99] As amended upon completion of the conversion process under Section 92 of the PIA.
[100] Section 3.
[101] Sections 4-28 and 312.
[102] Sections 29-52 and 313.
[103] Section 104.
[104] Section 107.
[105] By virtue of the Environmental Impact Assessment (EIA) Act.
[106] See Section 2 of the EIA Act.
[107] Emphasis supplied. See Section 14(d). Oil exploration and production Activities firmly fall under this provision, since licences have to be acquired from the government before any of these activities are undertaken.
[108] See Section 7 of the EIA Act.
[109] See Section 9 of the EIA Act.
[110] See the cases of Ikechukwu Okpara & 7 Others v. Shell Petroleum Development Company of Nigeria Limited & 6 Others[Suit No: FHC/CS/B/126/2005 (Unreported)], Ikechukwu Okpara & 3 Others v. Shell Petroleum Development Company of Nigeria Limited & 5 Others [Suit No. FHC/PH/CS/518/2005 (Unreported)] and Gbemre v. Shell Petroleum Development Company of Nigeria Limited & Others [Suit No. FHC/CS/B/153/2005], where all the plaintiffs in all three cases raised issues before the court regarding non-compliance with the provisions of the EIA Act by the defendant(s).
[111] Which were made to implement Council Directive 85/337/EECon the assessment of the effects of certain public and private projects on the environment.
[112] Where the amount extracted is more than 500 tonnes per day for oil and 500,000 cubic metres per day for gas (except where it is a by-product of the drilling or the testing of any well).
[113] Regulation 4.
[114] Regulation 16.
[115] Milieudefensie and Others v. Royal Dutch Shell Plc. (2021) ECLI:NL:RBDHA:2021:5339. (case number: C/09/571932 / HA ZA 19-379).
[116] 45% compared to its 2019 levels.
[117] R. Bousso, B.H. Meijer and S. Nasralla, ‘Shell ordered to deepen carbon cuts in landmark Dutch climate case’, (26 may 2921) Reuters <https://www.reuters.com/business/sustainable-business/dutch-court-orders-shell-set-tougher-climate-targets-2021-05-26/> accessed 31/10/2023.
[118] Four Nigerian Farmers and Stichting Milieudefensie v. Royal Dutch Shell Plc and another [2021] ECLI:NL: GHDHA:2021:132 (Oruma), ECLI:NL:GHDHA:2021:133 (Goi) and ECLI:NL:GHDHA:2021:134 (Ikot Ada Udo).
[119] [2021] UKSC 3.
[120] In 2023, another case was filed in the London High Court, UK against Shell by natives of the Nigerian Niger-Delta for oil pollution resulting in damages and loss of livelihood. See M. Dzirutwe, ‘Nigerian communities file damages claim against Shell in London court’ (02 February 2023) Reuters<https://www.reuters.com/world/africa/nigerian-communities-file-damages-claim-against-shell-london-court-2023-02-02/> accessed 31/10/2023. Also, S. Meredith, ‘More than 13,000 Nigerian residents take Shell to court over oil spills’, (02 February 2023) CNBC<https://www.cnbc.com/2023/02/02/over-13000-nigerians-take-shell-to-court-over-devastating-oil-spills.html#:~:text=Over%2013%2C000%20residents%20from%20two,and%20compensate%20devastating%20environmental%20damage.> accessed 31/10/2023.
How to cite this paper
@article{1705296,
author = {Dr. Ayodele Morocco-Clarke},
title = {Traversing the Environmental Regulation of the Nigerian Petroleum Industry and Environment from FEPA to the Petroleum Industry Act},
journal = {Iconic Research And Engineering Journals},
year = {2023},
volume = {7},
number = {6},
pages = {253-272},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/17052961.pdf},
abstract = {Since the discovery of oil in the late 1950s in Nigeria, the country has relied on the petroleum industry for most of its earnings. Consequently, a raft of legislation has been put in place to regulate the industry and these regulatory instruments have run the gamut from laws enacted to regulate the exploration and production activities of oil companies, right down to laws passed to protect the environment. This work traverses the major laws, regulators and instruments which shoulder the responsibility of overseeing the activities of the petroleum industry in Nigeria and protecting the environment from those activities. The regulation of the Nigerian petroleum industry over the past decades has come with lots of difficulty, shortcomings and conflicts. This work analyses the regulatory interface between various laws and regulatory bodies and culminates in recommendations to better protect the environment as well as the health and well-being of people residing in close proximity of oil operations.},
keywords = {Nigeria, Environmental Protection, Petroleum Industry, Regulation, FEPA, Oil & Gas, Petroleum Industry Act.},
month = {December},
}