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Friday 25 January 2019

OIL SPILLAGE AND ENVIRONMENTAL DEGRADATION IN NIGER DELTA REGION OF NIGERIA AS VIOLATION OF THE RIGHT TO LIFE AND SAFE ENVIRONMENT




CHAPTER ONE
GENERAL INTRODUCTION

1.1  Background to the Study
Environmental Degradation is the deterioration of the environment through depletion of resources such as air, water and soil; the destruction of the ecosystems and the extinction of wildlife[1].

The oil and gas sector is a significant portion of the Nigerian economy[2]. Scholars believe crude oil production has become more relevant in contemporary times as there is yet no cheaper alternative to it as a form of energy. Interestingly, the sector has also been asserted to cause the most significant chunk of the Nigerian environmental degradation[3].  It is strongly viewed that the discovery of oil in Nigeria since 1956 brought with it, grave environmental challenges.

Human rights are “rights which all human beings have by virtue of their humanity, such as the right to life, dignity of human person, personal liberty, fair hearing and freedom of thought, conscience and religion[4]. They provide a common standard of behavior among the international community.”  They are natural, rational, inviolable, and unalterable, the deprivation of which would constitute a grave affront to one’s sense of justice[5]. Rights, as defined, are generally understood as, “moral-political claims which by contemporary consensus, every human being has or is deemed to have upon his society or government,” claims which are recognized “as of right” and “not by love or grace or charity[6].


Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, provides for fundamental rights of citizens, including the right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of movement, right to freedom from discrimination, and the right to acquire and own property anywhere in Nigeria[7]. Also, in chapter II, provisions are made for several other rights under the fundamental objectives and directive principles of state policy[8]. Human rights, as noted by an astute author, “are more than a collection of formal norms, they are dynamic political, social, economic, juridical, as well as moral, cultural and philosophical conditions which define the intrinsic value of man and his inherent dignity.”'

Prior to the discovery of oil in commercial quantities at Oloibiri in 1956, agriculture was the main stay of the Nigerian economy. The discovery of oil transformed the nation’s economy and has, for the past five decades or more, provided approximately 90% of foreign exchange earnings and 80% of the federal revenue[9].  The nation’s economy depends and runs solely on foreign exchange earnings from the sale of crude oil and natural gas. It is therefore no surprise that the Nigerian economy was thrown into a deep recession by the 2015/2016 slump in the oil prices in the international spot market[10].
Under the monoculture national economy, the oil rich communities in the Niger Delta region became the hob of the Nigerian economy and this situation has been sustained by the ever-rising demand for oil in the West[11].    In order to ensure steady earnings into the government coffers,  the  Federal Government of Nigeria provides all the necessary support and security to the oil corporations. The government position has always been backed by legislation as reflected in the provisions of the laws and regulations guiding the nation’s oil industry[12].
The oil corporations are usually put under pressure by the federal government to maximize oil production; therefore, they are left to operate almost unregulated. Consequently, they adopt substandard environmental, health and safety practices in their field operations which cause environmental pollution and degradation[13]. Also, negligence, system or equipment failure, and unethical practices result in frequent oil spills, continuous gas-flaring and unprofessional toxic waste disposal. Since the inception of oil exploration in 1958, it is estimated that between nine million and thirteen million barrels of oil have been spilled due to poorly maintained pipelines and drilling equipment,  corrosion of pipelines, and pipeline vandalization[14].

Spills in course of production contaminate surface and ground water and destroy aquatic animals with hydrocarbons and carcinogens, which have grave health implications for humans. The cumulative effects of the above listed are massive environmental pollution, destruction and degradation which directly or indirectly infringe on and violate the rights of people living in the Niger Delta Region. Similarly, flaring of gaseous by-products from crude oil exploration cause the emission of poisonous gases like nitrogen dioxide, sulfur dioxide, and other carcinogens with adverse health implications[15] and it is on this background that this study seeks to investigate the oil spillage and environmental degradation in Niger delta region of Nigeria as violation of the right to life and safe environment.

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