The Legal measures for compensation for pollution from oil exploration and production in Nigeria

Majekodunmi, Toyin Afolabi (2020)

i-xvi, 1-141pg

Thesis

The study appraised Nigeria’s legal measures for compensation for oil pollution damage. The study examined the history of the development of oil exploration and production in Nigeria and analysed the environmental problems that have accompanied the said activities of exporing and producing oil. It also discussed the various legal measures that have been put in place in Nigeria to check oil pollution, and to compensate those who suffer oil pollution damage. Finally, it assessed the realization of the objectives of the said legal measures. All these were done with a view to identifying the defects in the existing legal measures for compensation for oil pollution which is observed to be largely litigation based. Primary source of information was relied on. This included Nigeria’s constitution, legislations for management of oil pollution and compensation for oil pollution damage. Secondary source of information was also relied on. This included textbooks, journal articles, newspapers/periodicals and on-line materials. The study revealed that compensation for oil pollution damage has been greatly unrealizable and ineffective due to the fact that there is no statutorily created administrative body or agency specifically administering compensation for oil pollution damage in Nigeria. Compensation for oil pollution damage has always been a subject of litigation and a matter solely for court determination.Nigeria’s legal measures for compensation for oil pollution damage are fashioned and tailored in the western culture which favours litigation for determination of liability and rights of parties. The study also revealed that statutes making provisions for compensation for oil pollution damage are also mostly scanty and inexhaustive. The study concluded that as a result of inadequacies of the statutes making provisions for compensation for oil pollution damage and absence of a body to specifically administer subjects of compensation for oil pollution damage as it is the case with some international regimes and measures for compensation, such as International Oil Pollution Compensation Fund (IOPCF) and the United Nations Compensation Commission (UNCO), legal measures for compensation for oil pollution damage has been largely ineffective.