NATURE, CAUSES AND EFFECTS OF ENVIRONMENTAL POLLUTION IN THE OIL AND GAS SECTOR
2.1 Definition of Terms
Environment
To
this extent, ‘the Black Law Dictionary’ defines environment as the totality of physical, economic, cultural, aesthetic, and
social circumstances and factors which surround and affect the desirability and
value of property and which also affect the quality of people’s lives.
The
National Environmental Standard and Regulation Enforcement Agency Act, 2007 [1]defines
‘environment’ in the following perspectives; ‘Environment’ include water, air,
land, animals living therein and the relationship that exist among these or any
of them. Section 20 of the 1999 Constitution of the
Federal Republic of Nigeria[2]
defines environment as the water, Forest and wildlife, all layers of the
atmosphere, all organic and in-organic
matter and living organisms, and the interacting nature system that includes
the component referred to in paragraphs (a) – (f).
Pollution
Section
37 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007[3]
defines “pollution” thus:
“Pollution means man-made or man aided alteration of
chemical, physical or biological quality of the environment beyond acceptable
limits and pollutants shall be construed accordingly.”
Environmental
pollution in the oil and gas sector refers to the pollution of the environment
occasioned through oil and gas production and exploration.
Petroleum
Petroleum came from the Greek word ‘Petra’ that is
from rock and also from the Latin word ‘Oleum’ that is oil[4].
Crude oil is a natural liquid that consist of a complex mixture liquid organic
compound that are found in geologic formation beneath the earth’s surface
The
term “oil” in geological terms therefore refers to petroleum oil and not any
other form of oil[5].
Petroleum has also been described as an organic material which occurs naturally
in green to black coloured mixtures of hydrocarbon oils found as seepages beneath
the earth crust and which could be obtained by boring into the earth crust[6].
Petroleum is formed beneath the earth crust across countries of the world.
Gas
It has been defined as a combustible fluid from fuel
or lighting. In a specialized sense, it has been defined as a mixture of
the low molecular weight paraffin series hydrocarbons methane, propane, and
butane, with small amount of higher hydrocarbons, also frequently containing
small or large proportions of nitrogen, carbon dioxide, and hydrogen sulphide,
and occasionally small proportions of helium[7]. It has also been described as natural
hydrocarbon oils which are associated with the production of petroleum[8].
Gas as used in this thesis refers to the combustible liquid hydrocarbon
either occurring independently or in association with petroleum oil.
2.2 The oil and gas sector in Nigeria
Nigeria is one of the largest oil
producing nations in Africa and the eleventh largest producer of crude oil in
the world, prospecting and extracting petroleum hydrocarbons in over 50% of the
Niger Delta region.[9]
The Niger Delta region is located in the south and comprises of nine states.
Nigeria with total proven crude oil reserve of 37.1 billion barrels (bb) is
among the top 10 countries with the biggest crude oil reserve and has a greater
potential for gas[10].
The oil reserves are predominantly in the on-shore Niger Delta, coastal
offshore areas and lately in the deep waters. As a developing country, Nigeria
operates a concession system of exploration and production with the operating
multi-national companies. The Nigeria National Petroleum Corporation (NNPC),
which manages the exploration bidding activities, is the concessionaire while
the operating companies are the operators.
Oil production in Nigeria started at
Oloibiri in present Bayelsa state in 1956 at a modest rate of 5,100 barrels per
day, rising steadily to 415,000 barrels per day in 1966 and to 2.3 million
barrels per day in 1979[11].
Nigeria joined OPEC in 1971. As an OPEC member, Nigeria has a sustainable
production capacity of 2.25 million barrel per day but supplied a total of 1.92
million barrels per day in 2014[12].
According to NNPC, Nigeria produces only
high value, low sulphur content, light crude oils ; mainly Anton Blend, Bonny
Light, Bonny Medium, Brass Blend, Escravos Light, Forcados Blend, IMA, Odudu
Blend, Pennington Light, Qua-Iboe Light and Ukpokiti[13].
2.3 Causes of Pollution in the Oil
and Gas Sector
Environmental
pollution has proven to be a menace to the society. The only way environmental
pollution can be curbed is by examining the root causes of pollution. This will
enable the government to proffer solutions that will mitigate environmental
pollution in the society. The various causes of pollution in the oil and gas
sector include:
2.3.1 Oil Exploration and Oil Exploitation
Exploration is the process of
searching for oil in Nigeria be it in the water, or in the ground. The search
for crude oil in Nigeria began as far back as 1908 when a German company, the
Nigerian Bitumen Corporation, started exploration in the Araromi area of
western Nigeria. The pioneering effort of this company was aborted by the
outbreak of the First World War in 1914. Shell Petroleum Development Company
continued with oil exploration in the Niger Delta region. The company made its
first oil discovery in 1956 at Oloibiri in the Niger Delta region after about
half a century of exploration[14].
Nigeria joined the ranks of oil producers in 1958 when the company discovered
oil in commercial quantity producing about 5,100 barrels per day[15].
Today, the oil industry is highly visible in the Niger Delta and has control
over a large expanse of land. Shell Petroleum Development Corporation operates
over 31,000 square kilometres. The area is crisscrossed by thousands of kilometres
of pipelines, punctuated by well and flow stations. Much of the oil
infrastructure is located close to the homes, farms and water sources of
communities in the Niger Delta region. After Shell British Petroleum, which
discovered and drilled the oil at Oloibiri, joined the ranks of oil producers
in 1958, exploration rights in onshore and offshore areas adjoining the Niger
Delta were later extended to other foreign companies such as Mobil, Chevron,
Total etc. Further exploration and production activities were hampered between
1967 and 1970 by the Nigerian civil war. Oil exploration has taken place in five major
sedimentary basins, namely, the Niger Delta, the Anambra Basin, the Benue
Trough, the Chad Basin and the Benin Basin. The most prospective basin is the
Niger Delta which includes the continental shelf[16].
Although crude oil is an important
national economic mainstay of many nations, being the largest single item in
the balance of payments and exchanges between nations, and the major factor in
local level politics regarding development, jobs, health, and the environment,
the rapid exploitation of petroleum oil and natural gas poses a significant
environmental and ecological danger to the immediate environment owing to oil
spills, effluent discharge and gas flaring. Oil spillage has become a global menace
that has been occurring since the discovery, exploration and exploitation of
crude oil, which was part of the industrial revolution. In spite of the obvious
economic gains of this industry, crude oil exploration, exploitation, refining
and use have had numerous negative impacts and costs to public health, the
environment, cultures and heritage.
2.3.2 Pipeline Vandalization
It is also a major cause of
environmental degradation in the Niger Delta communities. Pipelines vandalism
contributes to the environmental pollution often associated with oil spillage.
As the vandals bust oil pipelines, a large quantity of crude oil spills on the
land surface and consequently degrades the environment. This ultimately
impoverishes the people as it destroys the arable land, vegetation, the
bio-diversity as well as aquatic lives which constitute the main sources of the
economic survival of the people[17].
Consequently,
some people within these communities where oil pipelines criss-crossed engage
in criminal act of busting oil pipelines in order to scoop oil for sale for the
purpose of economic survival.
Pipeline vandalism has resulted not only in colossal waste of
natural resources, but also in human tragedies involving loss of lives. The
NNPC Group Managing Director, Dr. Ibex Kachikwu has observed that beyond the
loss of crude oil and finished products, the incident of pipeline vandalism and
oil theft have also claimed a huge number of human lives. He lamented that over
the last three years no fewer than 350 persons, including NNPC workers had been
killed as a result of the activities of oil thieves[18].
Pipeline vandalism has worsened the
problem of social insecurity in the Niger Delta region. The situation has
exposed many oil workers to grave danger. Furthermore, pipeline vandalism and
oil theft have resulted in increasing loss of the nation’s revenue which could
have accrued from the sale of crude oil on international market.
The following is a list of oil pipeline
explosions that led to thousands of people losing their lives and properties
worth billions of naira lost[19].
Oct
17, 1998:- In Jesse, a petroleum pipeline exploded and up to 1,500 villagers,
most of whom were scavenging gasoline died. This is regarded as the worst of
all oil blasts in the country.
July
10, 2010: Another explosion near Jesse town kills about 250 people.
July
16, 2000: 100 villagers in Warri killed when an oil pipeline was vandalized by
oil thieves.
November
30, 2000: A leaking pipeline caught fire near the fishing village of Ebute, in
Lagos Killing dozens of people and destroying properties.
June
19, 2003: A pipeline punctured by oil thieves exploded and killed 125 villagers
near Umiahia, Abia state.
September
17, 2004: Another pipeline vandalized by oil thieves exploded and killed dozens
of people in Lagos.
May
12, 2006: A pipeline punctured by oil thieves at Atlas Creek Island in Lagos,
exploded and killed 150 people.
December
26, 2006: Another vandalized pipeline exploded in Lagos killed at least 500
people.
May
16, 2008: NNPC Pipeline explosion in Ijegun Lagos state, killing dozens of
people and till date, the ijegun people have not been compensated by NNPC. All
the well water in the Area has been contaminated without any form of
compensation.
July
12, 2012: In a village in Rivers state, 200 people lost their lives when they
rushed to collect petrol that had spilled from an oil tanker that had
overturned.
June
27, 2013: an explosion at the Atlas core jetty, Apapa, Lagos, killing dozens of
people
2.3.3 Pipeline Corrosion
Corrosion is the deterioration of
a material (usually metal) and its properties because of its reaction to the environment.
It occurs as a result of oxidation (wearing away), and when the metal is in
contact with oxygen (from the atmosphere) and water, the resultant oxide coats the
metal. Corrosion of pipelines and tanks account for 50 % of all the spills,
hence the largest contributor to the total oil spills in Niger Delta. Pipeline
corrosion or corrosion of pipes and tanks is the rupturing or leaking of
production infrastructures that are described as very old and lack regular
inspection and maintenance[20].
Most
pipelines from the flow stations are obsolete. By international standards, oil pipes ought to be replaced after 15
to 20 years, but most pipelines in use are 20 to 25 years old, making them
subject to corrosion and leakage[21].
Some of these pipes are laid above ground level without adequate surveillance,
exposing them to wear and tear and other dangers.
2.3.4 Oil Bunkering
Illegal
bunkering is any activity relating to the theft or sabotage of crude oil,
facilities or installations in form of pipeline vandalism, fuel scooping,
illegal refining, etc. Illegal bunkering is the most commonly known form of oil
theft and it involves direct tapping of oil. The process of breaking,
vandalising and tapping oil from oil installations may lead to the damage of
oil pipelines; it causes many leaks that cause immense environmental degradation.
Oil theft activities and pipeline vandalism in the Niger Delta compounds oil
spillages from other sources and exacerbates the problem of environmental
degradation and pollution of water-ways[22].
Vandalism is responsible for a large percentage of oil spills. Oil spills
result in ground water poisoning, destruction of agricultural land, fishery and
livestock and fast disappearing mangrove forests. There are complaints of oil
contamination of boreholes which makes the water undrinkable in the region.
This makes the water undrinkable even after some treatment. Also, some native
have been known to use or drink polluted water out of frustration and the
negative effects cannot be over emphasized
In fact, farmland, fish ponds, rivers, etc.,
have been destroyed and rendered unviable for agriculture, fisheries and
aquaculture. Thus, thousands of household and families of the Niger Delta have
been impoverished, or have become securely locked into poverty as a result of
this scale of environmental devastation. This problem has left many Niger Delta
communities further impoverished since their means of livelihood, fishing and
farming, have been ruined by constant spills and leakages.
2.3.5 Transportation of Oil
Accident is a source of environmental
pollution at all stages of oil and gas production. The most typical cause of
accidents includes equipment failure, personnel mistakes and extreme natural
impacts. Accidents also occur in the
cause of transportation of petroleum products. Oil extracted on the continental
shelf is transported by tanker to the onshore terminals. When accident occurs
it leads to large oil spill. As stated above, many volumes of oil is usually
spilled on the environment. For example between 1989 and 1990, about 114,000
and 45,000 tons of oil were officially reported to have been spilt on the
environment in Nigeria[23].
It is also reported that the total volume of oil pollution caused by marine oil
transportation was 500,000 tons a year through accident[24].
In some cases, tanker accidents
occurred right in the zone of the oil field development. For example, one of
such incident happened in the Shetland basin some years ago. A tanker called
ESSO Bernica was involved in an accident about 1,100 tons of heavy oil fuel was
reported to have spilled into the coastal zone causing serious damage to nature
and the local population[25].
Very dangerous situation can emerge in case of gas tanker accident. Gas tanker
accidents, although less probable than the accidents with oil tankers, it can
cause accidents, although less probable than the accidents with oil tankers, it
can cause flame less explosions. This happens as a result of rapid evaporation
of the liquefied gas on the sea surface and formation of pieces of ice and gas
clouds followed by combustion and explosions. A typical example of tanker
accidents is the oil spillage that occurred at the Otedola Bridge in 2018 which
claimed lives.[26].
2.3.6 Gas Flaring
Gas flaring is another cause of pollution in the oil
and gas industry. Gas flaring involves the complex and unscientific burning and
emitting of excess and unwanted gas gathered in an oil field production flow
station sites into wastes. In the process of production of oil, the excess and
unutilized quantities of gas are separated from the crude and rather than being
stored for other useful purposes like generation of electricity, domestic use
and even for the export market, are burnt away[27]. In
both cases, it is the environment that is left degraded as dangerous toxic
substances pollute the air through gas flaring; at the same time rivers,
streams and lakes are rendered lifeless through the discharge of waste products
and other effluents[28]. It contributes enormously to the degradation
of the environment, and has become a catalyst to global warming.
Gas flare emits a mixture of benzene and other toxic
substances that are harmful to humans and the entire physical environment. Acid
rain, fallout of gas flare acidifies lakes, rivers and streams and damages
vegetation[29].
It also accelerates the decay of the roofing sheets and other building
materials. It has been stated time and time again by Plaintiffs in suits
involving gas flaring that it is a process that seriously pollutes the air,
causes respiratory diseases and generally endangers and impairs their health.
In particular the Plaintiff in the case of Gbemre v Shell Petroleum Development
Co Nig. Ltd & Ors[30]
stated that the burning of gas by flaring in their community gives rise to the following:
(a)
Poisons and pollutes the environment as it leads to the emission of carbon
dioxide and other cocktail of toxins that affect the health, lives and
livelihood.
(b)
Exposes them to an increased risk of premature death, respiratory illness, asthma
and cancer.
(d)Causes
painful breathing, chronic bronchitis, decreased lung function and death.
(e)
Reduces crop production and adversely impacts on their food security.
(f)
Causes acid rain, their corrugated house roofs are corroded by the composition of
the rain that falls as a result of gas flaring. Acidic rain consequently acidifies
their lakes and streams and damages their vegetation.
(g)
That so many natives of the community have died and countless others are suffering
various sicknesses occasioned by the effects of gas flaring. Pursuant to the
above averments, Plaintiffs claimed that the constitutional guarantee of right
to life and dignity of human person enshrined in Sections 33 & 34 of the
1999 Constitution respectively, and available to them as citizens of Nigeria,
includes the right to clean,
poison-free and pollution free air and healthy environment conducive for human
beings to reside in for their development. The Federal High Court that
heard the matter agreed with the Plaintiffs and granted their prayers and
reliefs.
The flaring of gas during oil production in the oil
fields, contributes to the pollution of the environment. The extent of this man-made alteration in the quality of
the environment is not limited to the atmosphere, but also affects land
resources, water resources, residential buildings etc. The process has also
been identified as a major contributor to global warming.[31]
2.4 Effects of such Pollution.
Oil spills pose a major threat to the environment in
Nigeria. If not checked or effectively managed, they could lead to total destruction
of the ecosystem, especially in the Niger Delta where oil spills have become
prevalent. The effects of environmental pollution caused by the oil and gas
companies include:
2.4.1 Marine Pollution
Water, an essential factor in environmental sustenance,
can be polluted through various means. Oil operations contribute greatly to the
pollution of water resources when oil products and other pollutants are
discharged into the ocean, rivers, streams and lakes. When this happens, the
marine is severely affected often leading to the death of aquatic life. In
other words, fish and other varieties and species of animals found in the
marine environment are either killed or chased into deep waters. Oil kills
plants and animals in the estuarine zone. Oil settles on beaches and kills
organisms that live there; it also settles on ocean floor and kills benthic
(bottom-dwelling) organisms such as crabs. Oil poisons algae, disrupts major
food chains and decreases the yield of edible crustaceans. Oil endangers fish
hatcheries in coastal waters and as well contaminates the flesh of commercially
valuable fish. In a bid to clean oil spills by the use of oil dispersants,
serious toxic effects will be exerted on plankton thereby poisoning marine
animals. This can further lead to food poisoning and loss of lives
Marine pollution can occur through the deposit or
dumping of oil operations waste like mud, sand or silt[32]. In the same vein, oil operations resulting in
oil spill can cause pollution of the rivers and streams, by rendering them
stagnant. Oil pollution of rivers, lakes and streams in the Niger Delta has had
damaging effects on fishermen. Although the Funiwa-5 oil well blow-out occurred
about a decade ago, it is being included in this study because it was the
largest incidence of oil pollution in Nigeria. On 17 January 1980 at about 1:00
p.m., the Funiwa-5 oil well located in the Funiwa field which is 5,000 km
offshore the Niger Delta, blew out as a result of equipment failure[33].
This field is a joint venture by three oil companies - the Nigerian National
Petroleum Corporation, Chevron Oil Company (Nigeria) and Texaco Overseas
(Nigeria) Petroleum Company. The field was operated by the latter company after
obtaining a licence to operate from the Government. The blow-out which lasted
for about twelve and a half days, after which the well caught fire for two
days, caused a lot of damage to the people and the environment. The effect of
the blow-out was devastating, as large quantities of oil were discharged from
the oil well into the sea and carried to the land by the waves. About five
villages were affected. The creeks in these villages which serve as roads
became almost impassable due to the oil pollution. Also, fish, crabs, oysters
and winkles in the water were killed or tainted by oil. And a total of roughly
836 acres of mangrove forest was destroyed[34].
Marine pollution is
largely responsible for the incidence of water-borne disease such as typhoid,
cholera, bacillary, dysentery, river blindness and guinea worm infection. Offshore
oil exploration has cause consideration pollution of water in the region in the
loss of liquid plants and animals and the contamination of water bodies.
2.4.2 Land Contamination
Oil spillage through petroleum production has
changed the character of the land in the Niger Delta polluting it to the
detriment of living organisms. Such spillage is responsible for the destruction
of crops, farms, vegetation and wildlife, it also impairs human wealth. Oil is a complex and variable natural substance which
is capable of contaminating plants, damaging the natural landscapes and habitat
and leading to soil degradation[35]. In the Nigerian
Coastal environment a large areas of the mangrove ecosystem have been
destroyed. The mangrove was once a source of both fuel woods for the indigenous
people and a habitat for the area's biodiversity, but is now unable to survive
the oil toxicity of its habitat.
2.4.3 Global Warming/ Climate Change
Global warming is also referred to as
climate change. Gas flaring contributes to climate change resulting in
deleterious effects to the environment. The emission of carbon dioxide, burning
of fossil fuel, mainly coal, oil and gas have led to global warming with more
serious implications for developing countries, especially Africa which is
highly vulnerable with limited ability to adapt. Climate change is caused by
the emission of a variety of harmful gases into the atmosphere thereby altering
its natural state and posing danger to the environment. In the oil industry,
the continued flaring of associated gas has contributed immensely to the
pollution of our atmosphere. This is as a result of the emission of deadly substances
like methane and benzene which pose various health hazards to the host
communities and climate change.
2.4.5
Health Implications
Major oil spills affect human health and well-being, an important
tenet of environmental sustainability. Oil contains a lot of particulate
matter, polycyclic aromatic hydrocarbons, hydrogen sulphide, acidic aerosols,
and volatile organic compounds which are detrimental to human health. Gas
flare emits a mixture of benzene and other toxic substances that are harmful to
humans and the entire physical environment. These particles have been noted to be
harmful to the heart and lungs[36].
Volatile organic compounds can lead to respiratory problems. Gastro-intestinal
symptoms, allergic reaction and generalized discomfort have also been reported
as consequences of oil spillage. Oil vapours have been noted to cause
headaches, dizziness, nausea, vomiting, eye and throat irritations, as well as
breathing difficulties[37].
People who inhale large amounts of fumes are in danger of chemical poisoning
called hydrocarbon pneumonia. A retrospective cohorts study in England, after
water contaminated incident near Worcester in April 1994, reported diarrhoea,
nausea, headache, abdominal pains, skin irritations and itchy eyes at higher
rates among the exposed subjects when compared with the unexposed[38].
In essence, the health risks associated with oil spillage are real and require
urgent attention. Indeed, conditions like post-traumatic stress disorder,
obsessive-compulsive disorder; somato-form stress disorder, hypochondriasis and
affective stress disorders are better avoided than managed, by preventing
spillage and if need be, immediately curtailing the spread of any accidental
spills.
Residents of oil-producing areas at
times have to cope with drinking water that contains residual oil even many
years after clean-up.[39]
There is also the lasting health effects of chemical dispersants used during
clean-up. For example, many residents of the Niger Delta have complained of
asthma, breathing difficulties and pain, headaches, nausea, and throat irritation
as well as chronic bronchitis. Gas flaring has also been held to be a
violation of the fundamental right to an healthy environment and the dignity of
human persons in the Nigerian case of Jonah
Gbemre v. Shell[40].
The emphasis of environment health has
been the promotion, protection and sustenance of the health of people, as it
relates to environmental conditions. Oil spills are therefore harmful to human
health in a multiplicity of ways.
[1]
Cap F10 Laws
of the Federation of Nigeria 2004
[2]
Cap. C23,
Laws of the Federation of Nigeria.
2004
[3]
Supra note 1
[4] School Science, ‘What does petroleum mean? – School Science’, available at
http://resources.schoolscience.co.uk/exxonmobil/knowl_old/2/petroleum.html {accessed 14 August 2018}
[5]Serra,
Richard, ‘Dictionary of Geology’, (New Delhi: Academic Publishers, 2006) p.249.
[6]
M.P.M. Walker (ed) Chambers Dictionary of Science and Technology (New York:
Chambers Harraps Publishers Ltd, 2002)
p806.
[7] R.H. Johnson and L.G. Huntley, ‘Principles
of Oil and Gas Production, 1st.edn (John
Wiley & Son Publishers, 1916) page 2.
[8] ibid
[9] J. William Carpenter, ‘The Biggest Oil Producers in Africa | Investopedia’ available at https://www.investopedia.com/articles/investing/101515/biggest-oil-producers-africa.asp [accessed
August 13 2018].
[10] Ibid.
[11] Yinka Omoregbe, Oil and Gas Law in Nigeria
(Malthouse Press Limited, Lagos, 2001) page 84.
[12] Ibid.
[13] Nigerian National Petroleum Corporation,
‘Oil Production’ available at http://www.nnpcgroup.com/nnpcbusiness/upstreamventures/oilproduction.aspx [accessed 10 August 2018].
[14]
Yinka Omoregbe Oil and Gas Law in Nigeria(Malt house Press Limited, Lagos,
2001) page 84.
[15]
Nigerian National Petroleum Corporation, ‘History of Nigerian Petroleum Industry’ available at
http://www.nnpcgroup.com/NNPCBusiness/Businessinformation/OilGasinNigeria/IndustryHistory.aspx
[accessed August 14 2018].
[16]
Gbadegesin, A., The Impacts of Oil Exploration
and Petroleum Activities on the Environment: Implications/or Peasant
Agriculture, Ibadan: Macmillan Press, 2008, page 66.
[17]
Fekumo, F, ‘Civil Liability for Damages caused by Oil Pollution in Omotola J.A.
(ed) Environmental Laws in Nigeria, (University of Lagos press, 1990), pp. 231-284.
[18]Business
Editor, ‘Nigeria Loses N8.6trn in 4 Years To Pipeline Vandalism’ available
at
https://www.herald.ng/nigeria-loses-n8-6trn-in-4-years-to-pipeline-vandalism-report/
[ accessed 16 august 2018].
[19]
Efeng, L.A. The Nigeria State, Oil Exploration and Community interest: Issues
and Perspectives, (Port Harcourt University Press, 1997), page 122.
[20] Adindu.C,
Iyasara, Oduagwu Ferdinand Azubuike, Okeahialam Solomon, ‘Management Of Oil Spills Due To Pipeline corrosion
in the Niger Delta Region’ available at https://www.researchgate.net/publication/306356390_MANAGEMENT_OF_OIL_SPILLS_DUE_TO_PIPELINE_CORROSION_IN_THE_NIGER_DELTA_REGION_OF_NIGERIA
[accessed Aug 12 2018].
[21]O.O Udofia and O.F. Joel, ‘Pipeline Vandalism
in Nigeria: Recommended Best Practice of Checking the Menace’ available at https://www.onepetro.org/conference-paper/SPE-162980-MS [accessed 16 August 2018]
[22] Duru, A. E, ‘Addressing oil theft, illegal
bunkering in Niger Delta’ available at http://www.dailyindependent.com/2013/11
[Accessed August 16, 2018]
[23]Stanislav Patin ‘Accidents during the Offshore Oil and Gas
Development’, available at ‘http://www.offshore-environment.com/accidents.html’
[accessed 12 August 2018]
[24]
ibid
[25] Peter Foxton and Martin Heubeck, ‘ Response
to Esso Bernica Oil Spills’ available at https://www.researchgate.net/publication/231756284_Response_to_the_Esso_Bernicia_oil_spills[
accessed August 16 2018]
[26]
Ifreke Inyang
‘Otedola Bridge Fire: Lagos Government reveals cause Of Explosion, announces
restriction for tankers’ available at
Http://Dailypost.Ng/2018/07/01/Otedola-Bridge-Fire-Lagos-Govt-Reveals-Cause-Explosion-Announces-Restriction-Tankers/
[ accessed August 16 2018].
[27] Anslem
O. Ajugwo, ‘Negative Effects of Gas Flaring ; The Nigerian Experience’ Journal of Environment Pollution and Human
Health (2013),pp 6-8. available at Http://Pubs.Sciepub.Com/Jephh/1/1/2/[
Accessed August 16 2018].
[28]
Akpomuvie, ‘Strategy of Commons: Analysis of Oil Spillage, Gas Flaring And
Sustainable
Development of the
Niger Delta Of Nigeria’ (2011) vol 12, Journal of Sustainable Development.
[29]Emma
Amaize and Chioma Onuegbu, ‘Gas Flare, Acid Rain still haunt Niger Delta’
available at Https://Www.Vanguardngr.Com/2018/04/Gas-Flare-Acid-Rain-Still-Haunt-Niger-Delta/[
Accessed August 16 2018]
[30] (2005)
A.H.R.L.R 151
[31]
Lawrence Atsegbua, Oil and Gas Law in Nigeria, Theory and Practice, 2nd edn. ( New Era Publications, Benin,2004) p124
[32]
Elf (Nig) Ltd v Sillo (1994) 6 NWLR (Pt 350) 258
[33]
Omoboaji Adewale, ‘Oil Spills Claims in Nigeria: Principles, Guidelines, and Criteria’,
(1989) Vol 33, Journal of African Law, pp,99-104
[34]
Ibid
[35] ibid
[36] Best Ordinioha and Seiyefa Brisibe, ‘The human health implications of crude oil spills in the Niger Delta, Nigeria: An interpretation of published studies’ available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3644738/ [accessed August 16 2018]
[37]
Albert Salako, Oluwafolahan Sholeye and
Sunkanmi Ayankoya, ‘Oil Spills
And Community Health: Implications For Resource Limited Settings’, Journal
Of Toxicology And Environmental Health Sciences, 2012,Vol. 4(9), Pp. 145-150.
[38]
ibid
[39]
ibid
[40]
Supra note 30
CHAPTER TWO
NATURE, CAUSES AND EFFECTS OF ENVIRONMENTAL POLLUTION IN THE OIL AND GAS
SECTOR
2.1 Definition of Terms
Environment
To
this extent, ‘the Black Law Dictionary’ defines environment as the totality of physical, economic, cultural, aesthetic, and
social circumstances and factors which surround and affect the desirability and
value of property and which also affect the quality of people’s lives.
The
National Environmental Standard and Regulation Enforcement Agency Act, 2007 [1]defines
‘environment’ in the following perspectives; ‘Environment’ include water, air,
land, animals living therein and the relationship that exist among these or any
of them. Section 20 of the 1999 Constitution of the
Federal Republic of Nigeria[2]
defines environment as the water, Forest and wildlife, all layers of the
atmosphere, all organic and in-organic
matter and living organisms, and the interacting nature system that includes
the component referred to in paragraphs (a) – (f).
Pollution
Section
37 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007[3]
defines “pollution” thus:
“Pollution means man-made or man aided alteration of
chemical, physical or biological quality of the environment beyond acceptable
limits and pollutants shall be construed accordingly.”
Environmental
pollution in the oil and gas sector refers to the pollution of the environment
occasioned through oil and gas production and exploration.
Petroleum
Petroleum came from the Greek word ‘Petra’ that is
from rock and also from the Latin word ‘Oleum’ that is oil[4].
Crude oil is a natural liquid that consist of a complex mixture liquid organic
compound that are found in geologic formation beneath the earth’s surface
The
term “oil” in geological terms therefore refers to petroleum oil and not any
other form of oil[5].
Petroleum has also been described as an organic material which occurs naturally
in green to black coloured mixtures of hydrocarbon oils found as seepages beneath
the earth crust and which could be obtained by boring into the earth crust[6].
Petroleum is formed beneath the earth crust across countries of the world.
Gas
It has been defined as a combustible fluid from fuel
or lighting. In a specialized sense, it has been defined as a mixture of
the low molecular weight paraffin series hydrocarbons methane, propane, and
butane, with small amount of higher hydrocarbons, also frequently containing
small or large proportions of nitrogen, carbon dioxide, and hydrogen sulphide,
and occasionally small proportions of helium[7]. It has also been described as natural
hydrocarbon oils which are associated with the production of petroleum[8].
Gas as used in this thesis refers to the combustible liquid hydrocarbon
either occurring independently or in association with petroleum oil.
2.2 The oil and gas sector in Nigeria
Nigeria is one of the largest oil
producing nations in Africa and the eleventh largest producer of crude oil in
the world, prospecting and extracting petroleum hydrocarbons in over 50% of the
Niger Delta region.[9]
The Niger Delta region is located in the south and comprises of nine states.
Nigeria with total proven crude oil reserve of 37.1 billion barrels (bb) is
among the top 10 countries with the biggest crude oil reserve and has a greater
potential for gas[10].
The oil reserves are predominantly in the on-shore Niger Delta, coastal
offshore areas and lately in the deep waters. As a developing country, Nigeria
operates a concession system of exploration and production with the operating
multi-national companies. The Nigeria National Petroleum Corporation (NNPC),
which manages the exploration bidding activities, is the concessionaire while
the operating companies are the operators.
Oil production in Nigeria started at
Oloibiri in present Bayelsa state in 1956 at a modest rate of 5,100 barrels per
day, rising steadily to 415,000 barrels per day in 1966 and to 2.3 million
barrels per day in 1979[11].
Nigeria joined OPEC in 1971. As an OPEC member, Nigeria has a sustainable
production capacity of 2.25 million barrel per day but supplied a total of 1.92
million barrels per day in 2014[12].
According to NNPC, Nigeria produces only
high value, low sulphur content, light crude oils ; mainly Anton Blend, Bonny
Light, Bonny Medium, Brass Blend, Escravos Light, Forcados Blend, IMA, Odudu
Blend, Pennington Light, Qua-Iboe Light and Ukpokiti[13].
2.3 Causes of Pollution in the Oil
and Gas Sector
Environmental
pollution has proven to be a menace to the society. The only way environmental
pollution can be curbed is by examining the root causes of pollution. This will
enable the government to proffer solutions that will mitigate environmental
pollution in the society. The various causes of pollution in the oil and gas
sector include:
2.3.1 Oil Exploration and Oil Exploitation
Exploration is the process of
searching for oil in Nigeria be it in the water, or in the ground. The search
for crude oil in Nigeria began as far back as 1908 when a German company, the
Nigerian Bitumen Corporation, started exploration in the Araromi area of
western Nigeria. The pioneering effort of this company was aborted by the
outbreak of the First World War in 1914. Shell Petroleum Development Company
continued with oil exploration in the Niger Delta region. The company made its
first oil discovery in 1956 at Oloibiri in the Niger Delta region after about
half a century of exploration[14].
Nigeria joined the ranks of oil producers in 1958 when the company discovered
oil in commercial quantity producing about 5,100 barrels per day[15].
Today, the oil industry is highly visible in the Niger Delta and has control
over a large expanse of land. Shell Petroleum Development Corporation operates
over 31,000 square kilometres. The area is crisscrossed by thousands of kilometres
of pipelines, punctuated by well and flow stations. Much of the oil
infrastructure is located close to the homes, farms and water sources of
communities in the Niger Delta region. After Shell British Petroleum, which
discovered and drilled the oil at Oloibiri, joined the ranks of oil producers
in 1958, exploration rights in onshore and offshore areas adjoining the Niger
Delta were later extended to other foreign companies such as Mobil, Chevron,
Total etc. Further exploration and production activities were hampered between
1967 and 1970 by the Nigerian civil war. Oil exploration has taken place in five major
sedimentary basins, namely, the Niger Delta, the Anambra Basin, the Benue
Trough, the Chad Basin and the Benin Basin. The most prospective basin is the
Niger Delta which includes the continental shelf[16].
Although crude oil is an important
national economic mainstay of many nations, being the largest single item in
the balance of payments and exchanges between nations, and the major factor in
local level politics regarding development, jobs, health, and the environment,
the rapid exploitation of petroleum oil and natural gas poses a significant
environmental and ecological danger to the immediate environment owing to oil
spills, effluent discharge and gas flaring. Oil spillage has become a global menace
that has been occurring since the discovery, exploration and exploitation of
crude oil, which was part of the industrial revolution. In spite of the obvious
economic gains of this industry, crude oil exploration, exploitation, refining
and use have had numerous negative impacts and costs to public health, the
environment, cultures and heritage.
2.3.2 Pipeline Vandalization
It is also a major cause of
environmental degradation in the Niger Delta communities. Pipelines vandalism
contributes to the environmental pollution often associated with oil spillage.
As the vandals bust oil pipelines, a large quantity of crude oil spills on the
land surface and consequently degrades the environment. This ultimately
impoverishes the people as it destroys the arable land, vegetation, the
bio-diversity as well as aquatic lives which constitute the main sources of the
economic survival of the people[17].
Consequently,
some people within these communities where oil pipelines criss-crossed engage
in criminal act of busting oil pipelines in order to scoop oil for sale for the
purpose of economic survival.
Pipeline vandalism has resulted not only in colossal waste of
natural resources, but also in human tragedies involving loss of lives. The
NNPC Group Managing Director, Dr. Ibex Kachikwu has observed that beyond the
loss of crude oil and finished products, the incident of pipeline vandalism and
oil theft have also claimed a huge number of human lives. He lamented that over
the last three years no fewer than 350 persons, including NNPC workers had been
killed as a result of the activities of oil thieves[18].
Pipeline vandalism has worsened the
problem of social insecurity in the Niger Delta region. The situation has
exposed many oil workers to grave danger. Furthermore, pipeline vandalism and
oil theft have resulted in increasing loss of the nation’s revenue which could
have accrued from the sale of crude oil on international market.
The following is a list of oil pipeline
explosions that led to thousands of people losing their lives and properties
worth billions of naira lost[19].
Oct
17, 1998:- In Jesse, a petroleum pipeline exploded and up to 1,500 villagers,
most of whom were scavenging gasoline died. This is regarded as the worst of
all oil blasts in the country.
July
10, 2010: Another explosion near Jesse town kills about 250 people.
July
16, 2000: 100 villagers in Warri killed when an oil pipeline was vandalized by
oil thieves.
November
30, 2000: A leaking pipeline caught fire near the fishing village of Ebute, in
Lagos Killing dozens of people and destroying properties.
June
19, 2003: A pipeline punctured by oil thieves exploded and killed 125 villagers
near Umiahia, Abia state.
September
17, 2004: Another pipeline vandalized by oil thieves exploded and killed dozens
of people in Lagos.
May
12, 2006: A pipeline punctured by oil thieves at Atlas Creek Island in Lagos,
exploded and killed 150 people.
December
26, 2006: Another vandalized pipeline exploded in Lagos killed at least 500
people.
May
16, 2008: NNPC Pipeline explosion in Ijegun Lagos state, killing dozens of
people and till date, the ijegun people have not been compensated by NNPC. All
the well water in the Area has been contaminated without any form of
compensation.
July
12, 2012: In a village in Rivers state, 200 people lost their lives when they
rushed to collect petrol that had spilled from an oil tanker that had
overturned.
June
27, 2013: an explosion at the Atlas core jetty, Apapa, Lagos, killing dozens of
people
2.3.3 Pipeline Corrosion
Corrosion is the deterioration of
a material (usually metal) and its properties because of its reaction to the environment.
It occurs as a result of oxidation (wearing away), and when the metal is in
contact with oxygen (from the atmosphere) and water, the resultant oxide coats the
metal. Corrosion of pipelines and tanks account for 50 % of all the spills,
hence the largest contributor to the total oil spills in Niger Delta. Pipeline
corrosion or corrosion of pipes and tanks is the rupturing or leaking of
production infrastructures that are described as very old and lack regular
inspection and maintenance[20].
Most
pipelines from the flow stations are obsolete. By international standards, oil pipes ought to be replaced after 15
to 20 years, but most pipelines in use are 20 to 25 years old, making them
subject to corrosion and leakage[21].
Some of these pipes are laid above ground level without adequate surveillance,
exposing them to wear and tear and other dangers.
2.3.4 Oil Bunkering
Illegal
bunkering is any activity relating to the theft or sabotage of crude oil,
facilities or installations in form of pipeline vandalism, fuel scooping,
illegal refining, etc. Illegal bunkering is the most commonly known form of oil
theft and it involves direct tapping of oil. The process of breaking,
vandalising and tapping oil from oil installations may lead to the damage of
oil pipelines; it causes many leaks that cause immense environmental degradation.
Oil theft activities and pipeline vandalism in the Niger Delta compounds oil
spillages from other sources and exacerbates the problem of environmental
degradation and pollution of water-ways[22].
Vandalism is responsible for a large percentage of oil spills. Oil spills
result in ground water poisoning, destruction of agricultural land, fishery and
livestock and fast disappearing mangrove forests. There are complaints of oil
contamination of boreholes which makes the water undrinkable in the region.
This makes the water undrinkable even after some treatment. Also, some native
have been known to use or drink polluted water out of frustration and the
negative effects cannot be over emphasized
In fact, farmland, fish ponds, rivers, etc.,
have been destroyed and rendered unviable for agriculture, fisheries and
aquaculture. Thus, thousands of household and families of the Niger Delta have
been impoverished, or have become securely locked into poverty as a result of
this scale of environmental devastation. This problem has left many Niger Delta
communities further impoverished since their means of livelihood, fishing and
farming, have been ruined by constant spills and leakages.
2.3.5 Transportation of Oil
Accident is a source of environmental
pollution at all stages of oil and gas production. The most typical cause of
accidents includes equipment failure, personnel mistakes and extreme natural
impacts. Accidents also occur in the
cause of transportation of petroleum products. Oil extracted on the continental
shelf is transported by tanker to the onshore terminals. When accident occurs
it leads to large oil spill. As stated above, many volumes of oil is usually
spilled on the environment. For example between 1989 and 1990, about 114,000
and 45,000 tons of oil were officially reported to have been spilt on the
environment in Nigeria[23].
It is also reported that the total volume of oil pollution caused by marine oil
transportation was 500,000 tons a year through accident[24].
In some cases, tanker accidents
occurred right in the zone of the oil field development. For example, one of
such incident happened in the Shetland basin some years ago. A tanker called
ESSO Bernica was involved in an accident about 1,100 tons of heavy oil fuel was
reported to have spilled into the coastal zone causing serious damage to nature
and the local population[25].
Very dangerous situation can emerge in case of gas tanker accident. Gas tanker
accidents, although less probable than the accidents with oil tankers, it can
cause accidents, although less probable than the accidents with oil tankers, it
can cause flame less explosions. This happens as a result of rapid evaporation
of the liquefied gas on the sea surface and formation of pieces of ice and gas
clouds followed by combustion and explosions. A typical example of tanker
accidents is the oil spillage that occurred at the Otedola Bridge in 2018 which
claimed lives.[26].
2.3.6 Gas Flaring
Gas flaring is another cause of pollution in the oil
and gas industry. Gas flaring involves the complex and unscientific burning and
emitting of excess and unwanted gas gathered in an oil field production flow
station sites into wastes. In the process of production of oil, the excess and
unutilized quantities of gas are separated from the crude and rather than being
stored for other useful purposes like generation of electricity, domestic use
and even for the export market, are burnt away[27]. In
both cases, it is the environment that is left degraded as dangerous toxic
substances pollute the air through gas flaring; at the same time rivers,
streams and lakes are rendered lifeless through the discharge of waste products
and other effluents[28]. It contributes enormously to the degradation
of the environment, and has become a catalyst to global warming.
Gas flare emits a mixture of benzene and other toxic
substances that are harmful to humans and the entire physical environment. Acid
rain, fallout of gas flare acidifies lakes, rivers and streams and damages
vegetation[29].
It also accelerates the decay of the roofing sheets and other building
materials. It has been stated time and time again by Plaintiffs in suits
involving gas flaring that it is a process that seriously pollutes the air,
causes respiratory diseases and generally endangers and impairs their health.
In particular the Plaintiff in the case of Gbemre v Shell Petroleum Development
Co Nig. Ltd & Ors[30]
stated that the burning of gas by flaring in their community gives rise to the following:
(a)
Poisons and pollutes the environment as it leads to the emission of carbon
dioxide and other cocktail of toxins that affect the health, lives and
livelihood.
(b)
Exposes them to an increased risk of premature death, respiratory illness, asthma
and cancer.
(d)Causes
painful breathing, chronic bronchitis, decreased lung function and death.
(e)
Reduces crop production and adversely impacts on their food security.
(f)
Causes acid rain, their corrugated house roofs are corroded by the composition of
the rain that falls as a result of gas flaring. Acidic rain consequently acidifies
their lakes and streams and damages their vegetation.
(g)
That so many natives of the community have died and countless others are suffering
various sicknesses occasioned by the effects of gas flaring. Pursuant to the
above averments, Plaintiffs claimed that the constitutional guarantee of right
to life and dignity of human person enshrined in Sections 33 & 34 of the
1999 Constitution respectively, and available to them as citizens of Nigeria,
includes the right to clean,
poison-free and pollution free air and healthy environment conducive for human
beings to reside in for their development. The Federal High Court that
heard the matter agreed with the Plaintiffs and granted their prayers and
reliefs.
The flaring of gas during oil production in the oil
fields, contributes to the pollution of the environment. The extent of this man-made alteration in the quality of
the environment is not limited to the atmosphere, but also affects land
resources, water resources, residential buildings etc. The process has also
been identified as a major contributor to global warming.[31]
2.4 Effects of such Pollution.
Oil spills pose a major threat to the environment in
Nigeria. If not checked or effectively managed, they could lead to total destruction
of the ecosystem, especially in the Niger Delta where oil spills have become
prevalent. The effects of environmental pollution caused by the oil and gas
companies include:
2.4.1 Marine Pollution
Water, an essential factor in environmental sustenance,
can be polluted through various means. Oil operations contribute greatly to the
pollution of water resources when oil products and other pollutants are
discharged into the ocean, rivers, streams and lakes. When this happens, the
marine is severely affected often leading to the death of aquatic life. In
other words, fish and other varieties and species of animals found in the
marine environment are either killed or chased into deep waters. Oil kills
plants and animals in the estuarine zone. Oil settles on beaches and kills
organisms that live there; it also settles on ocean floor and kills benthic
(bottom-dwelling) organisms such as crabs. Oil poisons algae, disrupts major
food chains and decreases the yield of edible crustaceans. Oil endangers fish
hatcheries in coastal waters and as well contaminates the flesh of commercially
valuable fish. In a bid to clean oil spills by the use of oil dispersants,
serious toxic effects will be exerted on plankton thereby poisoning marine
animals. This can further lead to food poisoning and loss of lives
Marine pollution can occur through the deposit or
dumping of oil operations waste like mud, sand or silt[32]. In the same vein, oil operations resulting in
oil spill can cause pollution of the rivers and streams, by rendering them
stagnant. Oil pollution of rivers, lakes and streams in the Niger Delta has had
damaging effects on fishermen. Although the Funiwa-5 oil well blow-out occurred
about a decade ago, it is being included in this study because it was the
largest incidence of oil pollution in Nigeria. On 17 January 1980 at about 1:00
p.m., the Funiwa-5 oil well located in the Funiwa field which is 5,000 km
offshore the Niger Delta, blew out as a result of equipment failure[33].
This field is a joint venture by three oil companies - the Nigerian National
Petroleum Corporation, Chevron Oil Company (Nigeria) and Texaco Overseas
(Nigeria) Petroleum Company. The field was operated by the latter company after
obtaining a licence to operate from the Government. The blow-out which lasted
for about twelve and a half days, after which the well caught fire for two
days, caused a lot of damage to the people and the environment. The effect of
the blow-out was devastating, as large quantities of oil were discharged from
the oil well into the sea and carried to the land by the waves. About five
villages were affected. The creeks in these villages which serve as roads
became almost impassable due to the oil pollution. Also, fish, crabs, oysters
and winkles in the water were killed or tainted by oil. And a total of roughly
836 acres of mangrove forest was destroyed[34].
Marine pollution is
largely responsible for the incidence of water-borne disease such as typhoid,
cholera, bacillary, dysentery, river blindness and guinea worm infection. Offshore
oil exploration has cause consideration pollution of water in the region in the
loss of liquid plants and animals and the contamination of water bodies.
2.4.2 Land Contamination
Oil spillage through petroleum production has
changed the character of the land in the Niger Delta polluting it to the
detriment of living organisms. Such spillage is responsible for the destruction
of crops, farms, vegetation and wildlife, it also impairs human wealth. Oil is a complex and variable natural substance which
is capable of contaminating plants, damaging the natural landscapes and habitat
and leading to soil degradation[35]. In the Nigerian
Coastal environment a large areas of the mangrove ecosystem have been
destroyed. The mangrove was once a source of both fuel woods for the indigenous
people and a habitat for the area's biodiversity, but is now unable to survive
the oil toxicity of its habitat.
2.4.3 Global Warming/ Climate Change
Global warming is also referred to as
climate change. Gas flaring contributes to climate change resulting in
deleterious effects to the environment. The emission of carbon dioxide, burning
of fossil fuel, mainly coal, oil and gas have led to global warming with more
serious implications for developing countries, especially Africa which is
highly vulnerable with limited ability to adapt. Climate change is caused by
the emission of a variety of harmful gases into the atmosphere thereby altering
its natural state and posing danger to the environment. In the oil industry,
the continued flaring of associated gas has contributed immensely to the
pollution of our atmosphere. This is as a result of the emission of deadly substances
like methane and benzene which pose various health hazards to the host
communities and climate change.
2.4.5
Health Implications
Major oil spills affect human health and well-being, an important
tenet of environmental sustainability. Oil contains a lot of particulate
matter, polycyclic aromatic hydrocarbons, hydrogen sulphide, acidic aerosols,
and volatile organic compounds which are detrimental to human health. Gas
flare emits a mixture of benzene and other toxic substances that are harmful to
humans and the entire physical environment. These particles have been noted to be
harmful to the heart and lungs[36].
Volatile organic compounds can lead to respiratory problems. Gastro-intestinal
symptoms, allergic reaction and generalized discomfort have also been reported
as consequences of oil spillage. Oil vapours have been noted to cause
headaches, dizziness, nausea, vomiting, eye and throat irritations, as well as
breathing difficulties[37].
People who inhale large amounts of fumes are in danger of chemical poisoning
called hydrocarbon pneumonia. A retrospective cohorts study in England, after
water contaminated incident near Worcester in April 1994, reported diarrhoea,
nausea, headache, abdominal pains, skin irritations and itchy eyes at higher
rates among the exposed subjects when compared with the unexposed[38].
In essence, the health risks associated with oil spillage are real and require
urgent attention. Indeed, conditions like post-traumatic stress disorder,
obsessive-compulsive disorder; somato-form stress disorder, hypochondriasis and
affective stress disorders are better avoided than managed, by preventing
spillage and if need be, immediately curtailing the spread of any accidental
spills.
Residents of oil-producing areas at
times have to cope with drinking water that contains residual oil even many
years after clean-up.[39]
There is also the lasting health effects of chemical dispersants used during
clean-up. For example, many residents of the Niger Delta have complained of
asthma, breathing difficulties and pain, headaches, nausea, and throat irritation
as well as chronic bronchitis. Gas flaring has also been held to be a
violation of the fundamental right to an healthy environment and the dignity of
human persons in the Nigerian case of Jonah
Gbemre v. Shell[40].
The emphasis of environment health has
been the promotion, protection and sustenance of the health of people, as it
relates to environmental conditions. Oil spills are therefore harmful to human
health in a multiplicity of ways.
[1]
Cap F10 Laws
of the Federation of Nigeria 2004
[2]
Cap. C23,
Laws of the Federation of Nigeria.
2004
[3]
Supra note 1
[4] School Science, ‘What does petroleum mean? – School Science’, available at
http://resources.schoolscience.co.uk/exxonmobil/knowl_old/2/petroleum.html {accessed 14 August 2018}
[5]Serra,
Richard, ‘Dictionary of Geology’, (New Delhi: Academic Publishers, 2006) p.249.
[6]
M.P.M. Walker (ed) Chambers Dictionary of Science and Technology (New York:
Chambers Harraps Publishers Ltd, 2002)
p806.
[7] R.H. Johnson and L.G. Huntley, ‘Principles
of Oil and Gas Production, 1st.edn (John
Wiley & Son Publishers, 1916) page 2.
[8] ibid
[9] J. William Carpenter, ‘The Biggest Oil Producers in Africa | Investopedia’ available at https://www.investopedia.com/articles/investing/101515/biggest-oil-producers-africa.asp [accessed
August 13 2018].
[10] Ibid.
[11] Yinka Omoregbe, Oil and Gas Law in Nigeria
(Malthouse Press Limited, Lagos, 2001) page 84.
[12] Ibid.
[13] Nigerian National Petroleum Corporation,
‘Oil Production’ available at http://www.nnpcgroup.com/nnpcbusiness/upstreamventures/oilproduction.aspx [accessed 10 August 2018].
[14]
Yinka Omoregbe Oil and Gas Law in Nigeria(Malt house Press Limited, Lagos,
2001) page 84.
[15]
Nigerian National Petroleum Corporation, ‘History of Nigerian Petroleum Industry’ available at
http://www.nnpcgroup.com/NNPCBusiness/Businessinformation/OilGasinNigeria/IndustryHistory.aspx
[accessed August 14 2018].
[16]
Gbadegesin, A., The Impacts of Oil Exploration
and Petroleum Activities on the Environment: Implications/or Peasant
Agriculture, Ibadan: Macmillan Press, 2008, page 66.
[17]
Fekumo, F, ‘Civil Liability for Damages caused by Oil Pollution in Omotola J.A.
(ed) Environmental Laws in Nigeria, (University of Lagos press, 1990), pp. 231-284.
[18]Business
Editor, ‘Nigeria Loses N8.6trn in 4 Years To Pipeline Vandalism’ available
at
https://www.herald.ng/nigeria-loses-n8-6trn-in-4-years-to-pipeline-vandalism-report/
[ accessed 16 august 2018].
[19]
Efeng, L.A. The Nigeria State, Oil Exploration and Community interest: Issues
and Perspectives, (Port Harcourt University Press, 1997), page 122.
[20] Adindu.C,
Iyasara, Oduagwu Ferdinand Azubuike, Okeahialam Solomon, ‘Management Of Oil Spills Due To Pipeline corrosion
in the Niger Delta Region’ available at https://www.researchgate.net/publication/306356390_MANAGEMENT_OF_OIL_SPILLS_DUE_TO_PIPELINE_CORROSION_IN_THE_NIGER_DELTA_REGION_OF_NIGERIA
[accessed Aug 12 2018].
[21]O.O Udofia and O.F. Joel, ‘Pipeline Vandalism
in Nigeria: Recommended Best Practice of Checking the Menace’ available at https://www.onepetro.org/conference-paper/SPE-162980-MS [accessed 16 August 2018]
[22] Duru, A. E, ‘Addressing oil theft, illegal
bunkering in Niger Delta’ available at http://www.dailyindependent.com/2013/11
[Accessed August 16, 2018]
[23]Stanislav Patin ‘Accidents during the Offshore Oil and Gas
Development’, available at ‘http://www.offshore-environment.com/accidents.html’
[accessed 12 August 2018]
[24]
ibid
[25] Peter Foxton and Martin Heubeck, ‘ Response
to Esso Bernica Oil Spills’ available at https://www.researchgate.net/publication/231756284_Response_to_the_Esso_Bernicia_oil_spills[
accessed August 16 2018]
[26]
Ifreke Inyang
‘Otedola Bridge Fire: Lagos Government reveals cause Of Explosion, announces
restriction for tankers’ available at
Http://Dailypost.Ng/2018/07/01/Otedola-Bridge-Fire-Lagos-Govt-Reveals-Cause-Explosion-Announces-Restriction-Tankers/
[ accessed August 16 2018].
[27] Anslem
O. Ajugwo, ‘Negative Effects of Gas Flaring ; The Nigerian Experience’ Journal of Environment Pollution and Human
Health (2013),pp 6-8. available at Http://Pubs.Sciepub.Com/Jephh/1/1/2/[
Accessed August 16 2018].
[28]
Akpomuvie, ‘Strategy of Commons: Analysis of Oil Spillage, Gas Flaring And
Sustainable
Development of the
Niger Delta Of Nigeria’ (2011) vol 12, Journal of Sustainable Development.
[29]Emma
Amaize and Chioma Onuegbu, ‘Gas Flare, Acid Rain still haunt Niger Delta’
available at Https://Www.Vanguardngr.Com/2018/04/Gas-Flare-Acid-Rain-Still-Haunt-Niger-Delta/[
Accessed August 16 2018]
[30] (2005)
A.H.R.L.R 151
[31]
Lawrence Atsegbua, Oil and Gas Law in Nigeria, Theory and Practice, 2nd edn. ( New Era Publications, Benin,2004) p124
[32]
Elf (Nig) Ltd v Sillo (1994) 6 NWLR (Pt 350) 258
[33]
Omoboaji Adewale, ‘Oil Spills Claims in Nigeria: Principles, Guidelines, and Criteria’,
(1989) Vol 33, Journal of African Law, pp,99-104
[34]
Ibid
[35] ibid
[36] Best Ordinioha and Seiyefa Brisibe, ‘The human health implications of crude oil spills in the Niger Delta, Nigeria: An interpretation of published studies’ available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3644738/ [accessed August 16 2018]
[37]
Albert Salako, Oluwafolahan Sholeye and
Sunkanmi Ayankoya, ‘Oil Spills
And Community Health: Implications For Resource Limited Settings’, Journal
Of Toxicology And Environmental Health Sciences, 2012,Vol. 4(9), Pp. 145-150.
[38]
ibid
[39]
ibid
[40]
Supra note 30

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