JUSTIFYING THE CALL FOR REGULATING COMPENSATION FOR OIL SPILLAGE IN THE NIGER DELTA: A LEGAL PERSPECTIVE

Abstract

This study sought to justify the call for adequate compensation for oil spillage victims in the Niger Delta. The exploration of oil in Nigeria is a major source of national development. Incidentally, it is also a source of environmental discomfort, degradation and grief to the oil producing areas in the country because of the devastating effect of spillages from pipelines and oil wells. The problems of environmental pollution with regard to oil and gas mining operations in Nigeria are multifarious. While it could be legal, it could also be political or economic. The violators, the multi-national companies, unlike their foreign counterparts refuse to pay fair and adequate compensation when pollution occurs. Even when compensation is paid, different standards are applied which amounts to double standard. This study looked at some of these problems involved in obtaining fair and adequate compensation in the oil and gas sector. Methodology adopted is doctrinal while the approaches are analytical, historical and comparative. This involves desk and library research; placing reliance on primary and secondary source materials relevant to compensation arising from oil and gas pollution. The primary source materials include case laws, statues, regulations, international treaties and conventions. A literature review of secondary source materials, textbooks, journals, articles and commentaries, case citations, legal news, legal dictionaries, law reviews, legal treaties and legal encyclopedias was also undertaken.