Env Seminar Paper

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ENVIRONMENT AND SUSTAINABLE DEVELOPMENT; LESSONS OF THE

NIGER DELTA REGION

By Adesanya Yetunde Mariam. (LLB; BL)

INTRODUCTION

Nigeria is an oil producing country whose economy depends on revenue derived from the sale of

crude oil. The benefits of oil and gas exploration and productions in Nigeria are not in doubt, as the

proceeds have been used basically for economic growth and development and to build the nation,

however the consequent environmental impact of the oil industry activities in the oil bearing areas

have permanently alienated virtually the entire land and offshore of the Niger Delta region of

Nigeria.

To maintain the environment at a life sustaining level with attendant economic development and

also have a reserve for the future, the concept of sustainable development was initiated by the

Brundtland Commission1. This is the development that takes the impact on the environment into

account and tries to minimize environmental damage that is real development2. However, the

consequences of oil extraction in Nigeria in the course of development are not only unconscious of

the future, but also currently damaging to the environment3.

As environmental issues have been at the fore front of international discourse, and in addressing

the problems of economic growth, the international community and countries have adopted various

legal strategies at the international and national level that attempt to meet the competing demands

of urbanization, pollution and the protection of the environment, to which Nigeria is not left

behind. The question to ask is, how adequate and effective have the laws governing the

environment and sustainable development been in regulating and protecting oil exploration

activities and the environment in the Niger Delta?

The purport of this paper is to examine whether the various environmental laws and principles of

sustainable development have had any impact in protecting the Niger Delta region since the long

1Report of the World Commission on Environment and Development: Our Common Future,http://www.un-documents.net/wced-ocf.htm


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years of oil exploration activities in the region. To do these, the paper is divided into nine sub

paragraphs, which will briefly examine meaning of some terms like environment, sustainable

development, the Niger Delta region and environmental sustainability, ; types of environmental

pollution; the laws and principles on environment and sustainable development; the Niger Delta

region vis a vis the governing environmental laws and principles of sustainable development; the

effect of those laws and government action; judicial intervention to issues of pollution, the

challenges facing the region, the lessons learnt from the Niger Delta region and conclusion with

some proffered recommendations towards ensuring environmental sustainability in the Niger Delta

region and Nigeria as a whole.

1. BRIEF EXAMINATION OF TERMS

A). ENVIRONMENT

According to the Blackstone Dictionary4, environment is the totality of physical, economic,

cultural, aesthetic and social circumstances and factors which affect the desirability and value of

property and which also affects the quality of peoples lives5. From the perspective of physical and

cultural landscapes, the physical or natural environment is environment in its natural state and the

features include rivers and water bodies, trees, hills/mountains, mineral resources such as iron ore,

gold, manganese, diamond, silver, columbite and petroleum, among others. The cultural landscape,

on the other hand, denotes that an interaction has taken place between man and his environment.

Such activities that are human-based include agriculture, mining operations, sinking of boreholes,

wells, tree-felling, and construction of bridges, houses, road networks and railway, among others 6.

Environment was also defined in the FEPA Act as including water, air, land and all plants and

human beings or animals living there in and the inter-relationship that exist among them7.

4 6th edition

5This was the definition adopted by the Supreme Court in A.G Lagos State V A.G Federation [2003]FWLR, pt.168, p.909 at 1110 1111, (paras H A).

6Dr. H.I Jimoh, Pattern of Environmental Degradation and the Development Efforts in the NigerianEnvironment,

7 Section 38, Cap F10, LFN 2004

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With regards to the above definitions, environment is perceived in this paper as the general

surrounding where a number of interrelated activities take place, between man and the

environment8.

B). SUSTAINABLE DEVELOPMENT

In 1987, the World Commission on Environment and Development (WCED) defined sustainable

development as a development that meets the needs of the present without compromising the

ability of future generations to meet their own needs9. This definition has used by the Brundtland

Commission has become the most often quoted definition of sustainable development. The

principle of sustainable development as opined by another writer10 requires that the environment be

managed so as not to irreversibly damage the processions of nature or over tax them. Simply put,

sustainable development is the use of natures resources to meet human needs while preserving the

natural environment so that these needs can be met not only in the present, but in the infinite

future.

This principle aims at reconciling the apparent conflicts between environmental protection;

economic development and the quality of life. Its relevance at the global, national and local levels

are its value for setting the context for policy development and environmental laws11.

C). ENVIRONMENTAL SUSTAINABILITY

This is defined as the ability of the environment to continue to function properly and indefinitely.

This involves meeting the present needs of humans without endangering the welfare of future

8As the natural environment is generally endowed with various quantities of resources within the

space. Human beings regard the environment as a depot housing their needs and are therefore alwaysseeking for ways of extracting these resources within the environment. Simmons, I. G, The Ecology ofNatural Resources, (1981) London: ELBS Edward Arnold Ltd.

9Our Common Future: The World Commission on Environment and Development. Ibid as in note 1.

10 Ajayi, W. Achieving Environmental Protection through the Vehicle of Human Rights: SomeConceptual Legal and Third World Problems. University of Benin Law Journal, (1995). Vol. 2, No. 1, p.41.

11Ezeabasili, Nkechi, Legal Mechanism for Achieving Environmental Sustainability in Nigeria, African

Research Review Vol. 3 (2), January, 2009. Pp. 370 www.ajol.info, Copyright IAARR:www.afrrevjo.net accessed

on 08 January, 2012.

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generations. The goal of environmental sustainability is to halt environmental degradation. An

unsustainable situation occurs when natural capital (the sum total of natures resource) is used up

faster than it can be replenished. Sustainability requires that human activity only uses natures

resources at a rate at which they can be replenished naturally12.

D). NIGER DELTA REGION

The Niger Delta region of Nigeria is among the richest deltas in the world. It constitutes the

coastline area of Nigeria, and occupies an area of over 70,000 square kilometers with

approximately 853 km facing the Atlantic Ocean. The Niger Delta13is the richest part of Nigeria in

terms of natural resources. The area has large oil and gas deposits, as well as extensive forests,

good agricultural land and abundant fish resources14. The Niger Delta consists of nine states (Abia,

Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Rivers and Ondo) and 185 local governments

areas15.

Almost all the crude oil produced by Nigeria, which amounts to approximately 2.7 million barrels per

day, comes from the Niger Delta region. Despite the crude oil production, the Delta is enormously rich

in biological and cultural diversity and has become one of Africa's highest conservation priorities. This

same ecosystem feeds and supports nearly seven million people, comprising 14 ethnic groups and over

25 different languages16.

12Ezeabasili, Nkechi, Legal Mechanism for Achieving Environmental Sustainability in Nigeria,pp. 371-372.

13 The region has some unique characteristics. For instance, it is one of the largest wetlands in theworld and it is noted for its sandy coastal ridge barriers, brackish or shine mangroves, fresh waters,permanent and seasonal swamp forests as well as low land rain forests. The whole area is traversedand criss-crossed by a large number of rivers, streams, canals and creeks, while the mainland issubjected to regions of flood by the various rivers. Emmanuel Duru, The Politics of Oil in the NigerDelta, http://www.e-ir.info/2010/12/05/the-politics-of-oil-in-the-niger-delta/ accessed on 20th January,2012

14Collins Ugochukwu, Sustainable Environmental Management in the Niger Delta Region of Nigeria:Effects of Hydrocarbon Pollution on Local Economy, p.27. accessed

20th

January, 2012.15This description of the Niger Delta region, has been stated to includes all oil-producing areas andothers considered relevant for reasons of administrative convenience, political expedience anddevelopment objectives, and therefore extends the land area to 75,000 square kilometers. UNDP(2006), Niger Delta Human Development Report, Abuja accessed on30th December, 2011.

16The Niger Delta region is extremely heterogeneous with respect to culture and ethnicity. The majorlinguistic and cultural groups the Ijaw, Edo, delta Cross-rivers, Yoruba and Igbo are each composed

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Nigerian map highlighting the Niger Delta States17

Fishing and agriculture are the two major traditional occupations of the Niger Delta peoples.

During the colonial era, forestry was introduced as a third major economic activity in the region.

Today, though agriculture, fishing and forestry still account for about 44 per cent of employment,

all three economic activities have declined since the ascendancy of the oil industry18.

2. ENVIRONMENTAL POLLUTION AND DEGRADATION

Environmental Pollution is the introduction of contaminants into a natural environment that causes

instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living

of numerous sub-groups. Collins Ugochukwu, Sustainable Environmental Management in the NigerDelta Region of Nigeria, p.45.

17Idemudia, Uwafiokun and Uwem E. Ite, Corporate-Community Relations in Nigerias Oil Industry:Challenges and Imperatives,(Corporate Social Responsibility and Environmental Management), Vol. 13,(2006) pp.194-206

18UNDP (2006), Niger Delta Human Development Report, Abuja

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organisms19. It has also been defined20 as the addition to the natural environment of any substance

at a rate that results in higher than natural concentrations of that substance, and therefore has an

adverse effect. The major forms of pollution include21; air pollution22, light pollution23, littering24,

noise pollution25, soil contamination26, radioactive contamination27, thermal pollution28,visual

pollution29,water pollution30.

Environmental degradation is the deterioration of the environment through depletion of resources

such as air, water and soil (land), the destruction of ecosystems and the extinction of wildlife.

Essentially, environmental degradation relates to the depreciation in the qualities and quantities of

vegetation, soil air and water resources, among others. It may succinctly be described to mean a

downward trend in the environmental resources such that their level of use in the human societies

equally decreases at an increasing rate31. Environmental degradation is as a result of the dynamic

19< http://www.merriam-webster.com/dictionary/pollution > accessed on 20th January, 2012.

20Yinka Omoregbe, Oil and Gas Law in Nigeria, 2001, Malthouse Law Books, p.127.

21 accessed on 20th January, 2012.

22This occurs when chemicals and particulates are released into the atmosphere. E.g. of commongaseous pollutants include carbon monoxide, sulfur dioxide, chlorofluorocarbons (CFCs) and nitrogenoxidesproduced byindustryand motor vehicles.

23 E.g. over-illumination.

24Like the throwing of inappropriate man-made objects onto public and private properties. Eg purewater sachet.

25This encompasses roadway noise,aircraft noise, industrial noise.

26This occurs when chemicals are released by spill or underground leakage. Among the mostsignificantsoil contaminants arehydrocarbons, herbicides,pesticidesand chlorinated hydrocarbons.Ibid.

27Such as nuclear power generation and nuclear weapons research, manufacture and deployment. Ibid.

28This is a temperature change in natural water bodies caused by human influence, such as use ofwater as coolant in a power plant. Ibid.

29This can refer to the presence of overhead power lines, motorway billboards, open storage of

trash, etc.30This happens through the discharge ofwaste waterfrom commercial andindustrial waste(intentionally or through spills)

intosurface waters; discharges of untreated domesticsewage, and chemical contaminants, such as chlorine, from treated sewage;

release of waste and contaminants into flowing waters (including urban runoffand agricultural runoff, which may contain

chemicalfertilizers andpesticides); waste disposal and leaching into groundwater;eutrophication and littering. Ibid.

31Miller, G. T. Resources Conservation and Management. London: Wadsmonh Publishing Company,1989, p.26

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http://en.wikipedia.org/wiki/Air_pollutionhttp://en.wikipedia.org/wiki/Light_pollutionhttp://en.wikipedia.org/wiki/Litteringhttp://en.wikipedia.org/wiki/Noise_pollutionhttp://en.wikipedia.org/wiki/Soil_contaminationhttp://en.wikipedia.org/wiki/Radioactive_contaminationhttp://en.wikipedia.org/wiki/Thermal_pollutionhttp://en.wikipedia.org/wiki/Visual_pollutionhttp://en.wikipedia.org/wiki/Visual_pollutionhttp://en.wikipedia.org/wiki/Water_pollutionhttp://www.merriam-webster.com/dictionary/pollutionhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Carbon_monoxidehttp://en.wikipedia.org/wiki/Sulfur_dioxidehttp://en.wikipedia.org/wiki/Nitrogen_oxidehttp://en.wikipedia.org/wiki/Nitrogen_oxidehttp://en.wikipedia.org/wiki/Nitrogen_oxidehttp://en.wikipedia.org/wiki/Industryhttp://en.wikipedia.org/wiki/Industryhttp://en.wikipedia.org/wiki/Industryhttp://en.wikipedia.org/wiki/Roadway_noisehttp://en.wikipedia.org/wiki/Roadway_noisehttp://en.wikipedia.org/wiki/Aircraft_noisehttp://en.wikipedia.org/wiki/Industrial_noisehttp://en.wikipedia.org/wiki/Soil_contaminanthttp://en.wikipedia.org/wiki/Soil_contaminanthttp://en.wikipedia.org/wiki/Hydrocarbonhttp://en.wikipedia.org/wiki/Herbicideshttp://en.wikipedia.org/wiki/Herbicideshttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Chlorinated_hydrocarbonshttp://en.wikipedia.org/wiki/Chlorinated_hydrocarbonshttp://en.wikipedia.org/wiki/Temperaturehttp://en.wikipedia.org/wiki/Electric_power_transmissionhttp://en.wikipedia.org/wiki/Billboard_(advertising)http://en.wikipedia.org/wiki/Billboard_(advertising)http://en.wikipedia.org/wiki/Wastewaterhttp://en.wikipedia.org/wiki/Wastewaterhttp://en.wikipedia.org/wiki/Industrial_wastehttp://en.wikipedia.org/wiki/Industrial_wastehttp://en.wikipedia.org/wiki/Industrial_wastehttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Sewagehttp://en.wikipedia.org/wiki/Sewagehttp://en.wikipedia.org/wiki/Chlorinehttp://en.wikipedia.org/wiki/Chlorinehttp://en.wikipedia.org/wiki/Urban_runoffhttp://en.wikipedia.org/wiki/Fertilizershttp://en.wikipedia.org/wiki/Fertilizershttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Eutrophicationhttp://en.wikipedia.org/wiki/Eutrophicationhttp://www.merriam-webster.com/dictionary/pollutionhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Carbon_monoxidehttp://en.wikipedia.org/wiki/Sulfur_dioxidehttp://en.wikipedia.org/wiki/Nitrogen_oxidehttp://en.wikipedia.org/wiki/Nitrogen_oxidehttp://en.wikipedia.org/wiki/Industryhttp://en.wikipedia.org/wiki/Roadway_noisehttp://en.wikipedia.org/wiki/Aircraft_noisehttp://en.wikipedia.org/wiki/Industrial_noisehttp://en.wikipedia.org/wiki/Soil_contaminanthttp://en.wikipedia.org/wiki/Hydrocarbonhttp://en.wikipedia.org/wiki/Herbicideshttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Chlorinated_hydrocarbonshttp://en.wikipedia.org/wiki/Temperaturehttp://en.wikipedia.org/wiki/Electric_power_transmissionhttp://en.wikipedia.org/wiki/Billboard_(advertising)http://en.wikipedia.org/wiki/Wastewaterhttp://en.wikipedia.org/wiki/Industrial_wastehttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Sewagehttp://en.wikipedia.org/wiki/Chlorinehttp://en.wikipedia.org/wiki/Urban_runoffhttp://en.wikipedia.org/wiki/Fertilizershttp://en.wikipedia.org/wiki/Pesticideshttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Eutrophicationhttp://en.wikipedia.org/wiki/Air_pollutionhttp://en.wikipedia.org/wiki/Light_pollutionhttp://en.wikipedia.org/wiki/Litteringhttp://en.wikipedia.org/wiki/Noise_pollutionhttp://en.wikipedia.org/wiki/Soil_contaminationhttp://en.wikipedia.org/wiki/Radioactive_contaminationhttp://en.wikipedia.org/wiki/Thermal_pollutionhttp://en.wikipedia.org/wiki/Visual_pollutionhttp://en.wikipedia.org/wiki/Visual_pollutionhttp://en.wikipedia.org/wiki/Water_pollution


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interplay of socio-economic, institutional and technological activities. Environmental changes may

be caused by many factors, which includes economic growth, population growth, urbanization,

agriculture32, rising energy use, and transportation. Poverty still remains a problem at the root of

several environmental problems.

In Nigeria, the discovery of oil in the Niger Delta and other mineral resources33 and their

exploitation paved way for environmental hazards in Nigeria. The Niger Delta being the waterbed

for the nations oil reserves has suffered grossly from environmental pollution and degradation

mainly from oil, these issues will be further discussed in the paper.

A). CURRENT ENVIRONMENTAL ISSUES FACING NIGERIA:

Nigeria is faced with various environmental issues34 amongst which are;periodic droughts, soil

degradation, rapid deforestation (due to uncontrolled logging), desertification, air and water

pollution, oil pollution, oil spills (water, air and soil),gas flaring, industrial pollution, municipal

waste generation and urban decay,loss of arable land,loss of flora and fauna,rapid urbanization

and population pressure, erosion (coastal, marine gully, sheet erosion and land subsidence),

flooding (coastal, river and urban flooding), inappropriate agricultural practices, destruction of

watersheds, loss of biodiversity, soil-crust formation caused by loss of water and climatic

change/ozone layer depletion.

B). ENVIRONMENTAL ISSUES IN THE NIGER DELTA

32A traditional approach to the utilization of the environment is the tilling of soil in the form of

agricultural practices. By this uncontrolled practice on virgin land, with the combination of rainfall, theconsequence is usually one of splash erosion with the attendant cataclysmic effects on soil nutrientstatus and the general suitability for a number of other agriculture-related uses.Jimoh, H.I, IndividualRainfall Events and Sediment Generation on Different Surface in Ilorin, Nigeria, (Ph.D. thesis submittedto the Department of Geography), University of Ilorin, Nigeria (1997).

33Such as tin in the Jos, Plateau State.

34Center for International Environmental Law, http://www.ciel.org/Publications/CBPR Nigeria 9-18-06.pdfaccessed on 30th December, 2011.

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Key environmental issues in the Niger Delta relate to the oil exploration 35 in the region. These

environmental issues are Oil spills, Loss of mangrove forests, Depletion of fish populations, Water

hyacinth invasion, Canalization, Gas flaring and Effluent discharge and disposal. Each of these

issues will be discussed below with its adverse effect on the human, plant, animal population and

the ecosystem. It must however be stated that there are other environmental problems not related to

the oil industry that occur in the Niger Delta36. This is because the natural terrain and hydrology of

the Niger Delta have always caused certain environmental problems, especially flooding, siltation

and occlusion37, erosion and the shortage of land for development38. The local people have lived

with these problems for many years and have evolved ways of dealing with them which though

may be ineffectively in addressing them. This paper however focuses on the environmental issues

created by oil exploration.

OIL SPILLS

Oil spills are common occurrences in Niger Delta, they occur due to a number of causes including-

corrosion of pipelines and tankers (accounting for 50% of all spills), sabotage (28%) and oil

production operations (21%) with 1% of the spills being accounted for by inadequate or non-

functional production equipments39. The largest contributor to oil spills is the rupturing or leakage

of production infrastructures that are old and lack regular inspection and maintenance. The reason

35Oil extraction has impacted most disastrously on the socio-physical environment of the Niger Deltaoil bearing communities massively threatening the fragile subsistent peasant economy and bio-diversity and hence their entire social livelihood and very survival. The oil producing communities havebasically remained dependent and underdeveloped, persistently disempowered, socio-culturallymarginalized and psychologically alienated. The wealth derived from oil resource exploitation andexports benefit directly only the operators of the oil industry and the bureaucrats in government. InyaA. Eteng, The Nigerian State, Oil Exploration and Community Interest: Issues and Perspectives, accessed on 20th January, 2012.

36 accessed on 20th January, 2012.

37Siltation and occlusionhappens when silt is carried down the Niger River system and deposited aswater velocity and slackens in the more sluggish waters of the Niger Delta. Siltation reduces channelcapacity, narrows creeks and reduces water depths. This increases the rate at which aquatic plants

grow on waterways. The weeds occlude the navigable sections of waterways and hamper fishing. Ibid.38A shortage of land for developmentarises from the scarcity of dry and relatively well-drained land,especially in the barrier island forest, mangrove and freshwater swamp forest zones. This has madehousing and settlement development very difficult and costly, and to some extent accounts for neglectof the region by successive governments. The dynamics of flood and tidal movement further reducesavailable land space, forcing many communities to engage in uncontrolled land reclamation withnegative environmental impacts. Ibid.

39Due to engineering drills, inability to effectively control oil wells, failure of machines, and inadequatecare in loading and unloading oil vessels.

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that corrosion accounts for such a high percentage of oil spills is a consequence of the small size

oil fields in the Niger Delta. There is an extensive network of pipelines between the fields as well

as numerous small networks of flow-lines (the narrow diameter pipes that carry oil from wellheads

to flow-stations) allowing many opportunities for leaks. In inshore areas, most pipelines and flow-

lines which have an estimated life span of about fifteen years are old and susceptible to corrosion.

Sabotage is also a cause of oil spill, this primarily occurs through bunkering, whereby the

saboteur illegally taps the pipeline. Sometimes during extraction of the oil, pipelines are damaged

or destroyed. Damaged lines may go unnoticed for days and repair of the damaged pipes takes

even longer. Sabotage and theft through oil siphoning has become a major issue in Niger Delta

states. Oil siphoning has become a big business with the stolen oil quickly making its way onto the

black market40.

LOSS OF MANGROVE FOREST

Vegetation in the Niger River Delta consists of extensive mangrove forests,brackishswamp

forests, and rainforests. The large expanses ofmangrove forests are estimated to cover

approximately 5,000 to 8,580 km of land. Mangroves remain very important to the indigenous

people of Niger Delta because its a major source of wood for, as well as to provide essential

habitat for rare and endangered species like the manatee and pygmy hippopotamus. Human impact

from poor land management upstream coupled with the constant pollution of petroleum has caused

five to ten percent of these mangrove forests to disappear. The quickly penetrating properties of

petroleum have wiped out large areas of vegetation. When spills occur close to and within

the drainage basin, the hydrologic force of both the river and tides force spilled petroleum to move

up into areas of vegetation41.

40Pagaebi Beregha, Environmental Issues In Nigeria: Oil Spillage in the Niger Delta, accessed on 20th January, 2012.

41Nwilo, Peter C., and Olusegun T. Badejo, Impacts And Management of Oil Spill Pollution Alongthe Nigerian Coastal Areas International Federation of Surveyors, 2007. accessed on 12th January, 2012.

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http://en.wikipedia.org/wiki/Mangrove_foresthttp://en.wikipedia.org/wiki/Brackishhttp://en.wikipedia.org/wiki/Swamp_foresthttp://en.wikipedia.org/wiki/Swamp_foresthttp://en.wikipedia.org/wiki/Rainforesthttp://en.wikipedia.org/wiki/Mangrovehttp://en.wikipedia.org/wiki/Manateehttp://en.wikipedia.org/wiki/Pygmy_hippopotamushttp://en.wikipedia.org/wiki/Drainage_basinhttp://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://www.fig.net/pub/figpub/pub36/chapters/chapter_8.pdfhttp://www.fig.net/pub/figpub/pub36/chapters/chapter_8.pdfhttp://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://thelawyerschronicle.com/index.php?option=com_content&view=article&id=115:environmental-issues-in-nigeria&catid=35:focus-on-the-law&Itemid=53http://www.fig.net/pub/figpub/pub36/chapters/chapter_8.pdfhttp://www.fig.net/pub/figpub/pub36/chapters/chapter_8.pdfhttp://en.wikipedia.org/wiki/Mangrove_foresthttp://en.wikipedia.org/wiki/Brackishhttp://en.wikipedia.org/wiki/Swamp_foresthttp://en.wikipedia.org/wiki/Swamp_foresthttp://en.wikipedia.org/wiki/Rainforesthttp://en.wikipedia.org/wiki/Mangrovehttp://en.wikipedia.org/wiki/Manateehttp://en.wikipedia.org/wiki/Pygmy_hippopotamushttp://en.wikipedia.org/wiki/Drainage_basin


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Mangrove forests are included in a highly complex trophic system. If oil directly affects any

organism within an ecosystem, it can indirectly affect a host of other organisms. These floral

communities rely on nutrient cycling, clean water, sunlight, and proper substrates. With ideal

conditions they offer habitat structure, and input of energy via photosynthesis to the organisms

they interact with42.

DEPLETION OF FISH POPULATION

The fishing industry is an essential part of Nigerias sustainability because it provides much

needed protein and nutrients for not just the people of the Niger Delta but also other parts of the

country. However, with the higher demand on fishing, fish populations are declining as they are

being depleted faster than they are able to restore their number. Overfishing is not the only impact

on marine communities. Climate change, habitat loss, and pollution are all added pressures to these

important ecosystems. Also settlement by people along the shores of the rivers and coasts, have

affected the marine and terrestrial habitats which are being lost and the ecosystems being

drastically changed. A factor responsible for this is that the slightest change in water

temperature can be fatal to certain marine species along the shoreline of the Niger River43. Also

trees and shrubs which also provide shade and habitat for marine species, while reducing

fluctuation in water temperature are being uprooted due to human activities44.

WATER HYACINTH INVASION

Water hyacinth is an invasive species that was introduced into Africa as an ornamental plant, and

which thrives in polluted environments. Water hyacinth has the capability to completely clog the

waterways in which it grows, making it nearly impossible to navigate fishing boats45. In recent

42Dr. Janice Limson,Indigenous Plants to the Rescue Environmental remediation in Nigerian oil regions; Science in Africa.

accessed on 12th January, 2012.

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The Niger River is an important ecosystem that needs to be protected, for it is home to 36 familiesand nearly 250 species of fish, of which 20 areendemic, meaning they are found nowhere else onEarth. World Wildlife Fund. 2006. Fishing on the Niger River. accessd on 20thJanuary, 2012.

44Molles Jr, M.C.: Ecology Concepts and Applications 3rd Edition, Pg. 93-94. McGraw-Hill Companies Inc,2005.

45Fuggle, R.F.: Africa Environment Outlook Lake Victoria: A Case Study of Complex Interrelationships.75-85, United Nations Environment Program, 2004.

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http://en.wikipedia.org/wiki/Nutrient_cyclinghttp://en.wikipedia.org/w/index.php?title=Water_temperature&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Water_temperature&action=edit&redlink=1http://en.wikipedia.org/wiki/Water_hyacinthhttp://en.wikipedia.org/wiki/Invasive_specieshttp://www.scienceinafrica.co.za/2002/february/oil.htmhttp://www.scienceinafrica.co.za/2002/february/oil.htmhttp://www.scienceinafrica.co.za/2002/february/oil.htmhttp://en.wikipedia.org/wiki/Endemismhttp://en.wikipedia.org/wiki/Endemismhttp://www.panda.org/news_facts/multimedia/video/index.cfm?uNewsID=61121http://www.scienceinafrica.co.za/2002/february/oil.htmhttp://en.wikipedia.org/wiki/Nutrient_cyclinghttp://en.wikipedia.org/wiki/Endemismhttp://www.panda.org/news_facts/multimedia/video/index.cfm?uNewsID=61121http://en.wikipedia.org/w/index.php?title=Water_temperature&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Water_temperature&action=edit&redlink=1http://en.wikipedia.org/wiki/Water_hyacinthhttp://en.wikipedia.org/wiki/Invasive_species


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years it has found its way into the Niger River, choking out both sunlight and oxygen to the marine

organisms that live there. When a species such as water hyacinth makes its way into the ecosystem,

it competes with native plants for sunlight, diminishing energy resources within the marine

environment. With the loss of energy some populations will not be able to survive, or their

numbers may drop beyond a point of no return, thereby creating a threatened environment. Apart

from the loss of energy, water hyacinth also takes up and depletes the water of oxygen which is

essential to the livelihood of all marine organisms46.

GAS FLARING

Gas flaring is an extremely wasteful and environmental harmful practice as it is a major contributor

of greenhouse gas47. Gas flaring releases large amounts ofmethane, which has a high global

warming potential. This methane is accompanied by othergreenhouse gas like carbon dioxide, ofwhich Nigeria was estimated to have emitted more than 34.38 million metric tons of in 2002,

accounting for about 50% of all industrial emissions in the country and 30% of the total CO2

emissions. While flaring in the west has been minimized, in Nigeria it has grown proportionally

with oil production48.

CANALIZATION

This is done by the oil companies in the attempt to shorten travel time and improve access to

oilfields and production facilities, oil companies have constructed canals that in some cases have

caused saltwater to flow into freshwater zones, destroying freshwater ecological systems. Increased

access to new areas has also aggravated illegal logging activities. Oil companies constantly dredge

46Ibid.

47Greenhouse gases are chemical compounds found in the atmosphere which are necessary to sustainlife on earth because they serve as a blanket and let the suns ray enter, but stop much of the heatfrom escaping, thus keeping the planet warm enough to allow life. They include water vapor, carbondioxide (CO2), nitrous oxide (N2O), chlorofluorocarbons (CFCs), methane (CH), hydro fluorocarbons(HFCs), per fluorocarbons (PFCs) and sulphur hexafluoride (SF6). These chemicals trap infraredradiation from the earths surface and thus cause the green house effect. When there is an increase in

greenhouse gases concentration, thus allowing for more infrared radiation being captured in theatmosphere, it in turn causes climate change which has now become a global problem. - accessed on 26thNovember, 2011.

48Shell who is the biggest culprit of gas flaring in Nigeria, claims that only 50% of all associated gas isburnt off via flaring, however these data are contested, as the World Bank reported in 2004 that,Nigeria currently flares 75% of the gas it produces.Gas flaring in Nigeria: A human rights,environmental and economic monstrosity. Friends of the Earth Nigeria. accessed on 20th January, 2012.

11
http://en.wikipedia.org/wiki/Ecosystemhttp://en.wikipedia.org/w/index.php?title=Threatened_environment&action=edit&redlink=1http://en.wikipedia.org/wiki/Marine_organismshttp://en.wikipedia.org/wiki/Methanehttp://en.wikipedia.org/wiki/Global_warminghttp://en.wikipedia.org/wiki/Global_warminghttp://en.wikipedia.org/wiki/Greenhouse_gashttp://en.wikipedia.org/wiki/Carbon_dioxidehttp://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr_appendix.pdfhttp://en.wikipedia.org/wiki/Royal_Dutch_Shellhttp://en.wikipedia.org/wiki/Royal_Dutch_Shellhttp://en.wikipedia.org/wiki/Royal_Dutch_Shellhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://en.wikipedia.org/wiki/Ecosystemhttp://en.wikipedia.org/w/index.php?title=Threatened_environment&action=edit&redlink=1http://en.wikipedia.org/wiki/Marine_organismshttp://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr_appendix.pdfhttp://en.wikipedia.org/wiki/Royal_Dutch_Shellhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://en.wikipedia.org/wiki/Methanehttp://en.wikipedia.org/wiki/Global_warminghttp://en.wikipedia.org/wiki/Global_warminghttp://en.wikipedia.org/wiki/Greenhouse_gashttp://en.wikipedia.org/wiki/Carbon_dioxide


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river channels to facilitate navigation. The material dredged from the canals is often dumped on the

channel banks, which disrupts the hydrology of these essentially flat and low-lying coastlands. The

elevated banks restrict the free flow of water and create ponds that can be detrimental to vegetation

and the local ecology49.

EFFUENT DISCHARGE AND DISPOSAL

Like most industrial enterprises in Nigeria, the oil companies lack appropriate waste treatment

facilities, and there are no proper landfills. Consequently, the wastes generated by the oil operators

are discharged onto land, into mangrove and freshwater swamps, and into the sea. Untreated

wastes degrade water quality and the ecology of the receiving environment, and harm human

health50. Refinery waste contains very toxic chemicals, which constitutes potential land, water and

air pollutants. Atmospheric contaminants from refinery operations include oxides of nitrogen,

carbon and sulphur. Liquid refinery effluents usually contain oil and grease. These compounds

contain organic chemicals such as phenol cyanide, sulphide-suspended solids, chromium and

biological oxygen demanding organic matter, which on getting in contact with land and water

pollute them51.

THE EFFECT AND SOCIAL IMPACT OF POLLUTION IN THE NIGER DELTA

The oil exploration activities in the region has had adverse effects on fishing and farming which

are the traditional means of livelihood of the people of the oil producing communities in the Niger

Delta. For the mangrove forests, which are especially susceptible to oil (mainly because it is stored

in the soil and re-released annually during inundations), immense tract of it have been destroyed52.

Also, spills in populated areas often spread out over a wide area, destroying aquacultures through

contamination of the groundwaterand soils. The consumption of dissolved oxygen

bybacteria feeding on the spilled hydrocarbons also contributes to the death offish. Oil

49

accessed on 20th

January, 2012.50Ibid.

51 accessed on 30th December,2011.

52An estimated 5 to 10% of Nigerian mangrove ecosystems have been wiped out either by settlementby people or oil. The rainforest which previously occupied some 7,400 km of land has disappeared aswell. Bronwen Manby,The Price of Oil, Human Rights Watch. 1999. accessed on 15th January, 2012.

12
http://en.wikipedia.org/wiki/Mangrove_foresthttp://en.wikipedia.org/wiki/Soilhttp://en.wikipedia.org/wiki/Aquacultureshttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Bacteriahttp://en.wikipedia.org/wiki/Hydrocarbonhttp://en.wikipedia.org/wiki/Fishhttp://en.wikipedia.org/w/index.php?title=Oil_contamination&action=edit&redlink=1http://www.ng.undp.org/publications/nigeria-delta-hdr.pdfhttp://waado.org/Environment/PetrolPolution/EnvEconomics.htmhttp://en.wikipedia.org/wiki/Ecosystemhttp://www.hrw.org/reports/1999/nigeria/http://www.hrw.org/reports/1999/nigeria/http://www.hrw.org/reports/1999/nigeria/http://www.hrw.org/reports/1999/nigeria/http://www.ng.undp.org/publications/nigeria-delta-hdr.pdfhttp://waado.org/Environment/PetrolPolution/EnvEconomics.htmhttp://en.wikipedia.org/wiki/Ecosystemhttp://www.hrw.org/reports/1999/nigeria/http://en.wikipedia.org/wiki/Mangrove_foresthttp://en.wikipedia.org/wiki/Soilhttp://en.wikipedia.org/wiki/Aquacultureshttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Bacteriahttp://en.wikipedia.org/wiki/Hydrocarbonhttp://en.wikipedia.org/wiki/Fishhttp://en.wikipedia.org/w/index.php?title=Oil_contamination&action=edit&redlink=1


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contamination affects the fish population and affects the farmers that rely on fishing to support

their family. It has also adversely affected the soil and forest of the Niger Delta communities. This

has ultimately affected peasant agriculture, as farmers are made landless from the contamination;

they therefore migrate to other more fertile lands in other rural communities and thus put pressure

on scarce fertile lands. While some displaced farmers migrate to urban areas in search of other

means of livelihood.

Gas flares have potentially harmful effects on the health and livelihood of the communities in their

vicinity, as they release a variety of poisonous chemicals including nitrogen

dioxides, sulphurdioxide,volatileorganic compounds like benzene, toluene, xylene and hydrogen

sulfide, as well as carcinogens likebenzapyrene and dioxin. Humans exposed to such substances

can suffer from a variety ofrespiratory problems. These chemicals can aggravate asthma, cause

breathing difficulties and pain, as well as chronic bronchitis. Benzene known to be emitted from

gas flares in undocumented quantities is well recognized as a cause forleukemia and other blood-

related diseases53. Gas flares are often located close to local communities, and regularly lack

adequate fencing or protection for villagers who may risk working near heat of the flare. Many of

these communities claim that nearby flares cause acid rain54 which corrodes their homes and other

local structures, many of which have zinc-based roofing. Some people resort to the use ofasbestos-

based material, which is stronger in repelling acid rain deterioration. Unfortunately, this only

contributes to their declining health and their environment. Asbestos exposure increases the risk of

forming lung cancer,pleural andperitoneal mesothelioma, and asbestosis55. Older flares are rarely

53A study done by Climate Justice estimates that exposure to benzene would result in eight new casesofcancer yearly inBayelsa State alone. Gas flaring in Nigeria: A human rights, environmental andeconomic monstrosity. accessed on 20th January, 2012.

54A researcher from the institute of Oceanography, University of Calabar indicated that rain watersamples at Ekpene Obo town of Esit Eket Local government area, contained high levels of acidityresulting in corrosion of corrugated roofs. The study revealed that an acid rain of pH 5.4 wasmeasured in a sample from Eket. A comparison roof rainfall showed a marked drop in chloride contentfrom 1,050 mg/l in the direct rain water to 28.4 mg/l in the roof rainwater. This drop is attributed to

the reaction between HCL in rain and zinc in roofing material. The main source of these acids in rainwater at Eket is the Exxon Mobil gas flaring operations at onshore and offshore locations. During thewet season, flare gases are carried inland through Eket and its environs by South West Trade windsleading to persistent acidic rain in these communities with attendant infrastructural damages. Akpan,E.R, Acidic Precipitation and infrastructural deterioration in oil producing communities of Akwa IbomState: a case study of Eket, South Eastern Nigeria, Global Journal of Environmental Sciences,(2003) pp47-52.

55Asbestos: health effects Agency for Toxic Substances and Disease Registry.; Oil For Nothing: MultinationalCorporations, Environmental Destruction, Death and Impunity in the Niger Delta Essential Action,

13
http://en.wikipedia.org/w/index.php?title=Oil_contamination&action=edit&redlink=1http://en.wikipedia.org/wiki/Nitrogen_dioxidehttp://en.wikipedia.org/wiki/Nitrogen_dioxidehttp://en.wikipedia.org/wiki/Sulphur_dioxidehttp://en.wikipedia.org/wiki/Volatile_organic_compoundshttp://en.wikipedia.org/wiki/Benzenehttp://en.wikipedia.org/wiki/Toluenehttp://en.wikipedia.org/wiki/Xylenehttp://en.wikipedia.org/wiki/Hydrogen_sulfidehttp://en.wikipedia.org/wiki/Hydrogen_sulfidehttp://en.wikipedia.org/wiki/Benzapyrenehttp://en.wikipedia.org/wiki/Dioxin_(chemical)http://en.wikipedia.org/wiki/Respiratory_diseasehttp://en.wikipedia.org/wiki/Asthmahttp://en.wikipedia.org/wiki/Chronic_bronchitishttp://en.wikipedia.org/wiki/Benzenehttp://en.wikipedia.org/wiki/Leukemiahttp://en.wikipedia.org/wiki/Acid_rainhttp://en.wikipedia.org/wiki/Zinchttp://en.wikipedia.org/wiki/Asbestoshttp://en.wikipedia.org/wiki/Lung_cancerhttp://en.wikipedia.org/wiki/Pleuralhttp://en.wikipedia.org/wiki/Peritoneal_mesotheliomahttp://en.wikipedia.org/wiki/Asbestosishttp://en.wikipedia.org/wiki/Cancerhttp://en.wikipedia.org/wiki/Cancerhttp://en.wikipedia.org/wiki/Bayelsa_Statehttp://en.wikipedia.org/wiki/Bayelsa_Statehttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.atsdr.cdc.gov/asbestos/asbestos/health_effects/http://www.essentialaction.org/shell/report/http://www.essentialaction.org/shell/report/http://www.essentialaction.org/shell/report/http://en.wikipedia.org/w/index.php?title=Oil_contamination&action=edit&redlink=1http://en.wikipedia.org/wiki/Cancerhttp://en.wikipedia.org/wiki/Bayelsa_Statehttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/report/gas.flaring.in.nigeria.htmlhttp://www.atsdr.cdc.gov/asbestos/asbestos/health_effects/http://www.essentialaction.org/shell/report/http://www.essentialaction.org/shell/report/http://en.wikipedia.org/wiki/Nitrogen_dioxidehttp://en.wikipedia.org/wiki/Nitrogen_dioxidehttp://en.wikipedia.org/wiki/Sulphur_dioxidehttp://en.wikipedia.org/wiki/Volatile_organic_compoundshttp://en.wikipedia.org/wiki/Benzenehttp://en.wikipedia.org/wiki/Toluenehttp://en.wikipedia.org/wiki/Xylenehttp://en.wikipedia.org/wiki/Hydrogen_sulfidehttp://en.wikipedia.org/wiki/Hydrogen_sulfidehttp://en.wikipedia.org/wiki/Benzapyrenehttp://en.wikipedia.org/wiki/Dioxin_(chemical)http://en.wikipedia.org/wiki/Respiratory_diseasehttp://en.wikipedia.org/wiki/Asthmahttp://en.wikipedia.org/wiki/Chronic_bronchitishttp://en.wikipedia.org/wiki/Benzenehttp://en.wikipedia.org/wiki/Leukemiahttp://en.wikipedia.org/wiki/Acid_rainhttp://en.wikipedia.org/wiki/Zinchttp://en.wikipedia.org/wiki/Asbestoshttp://en.wikipedia.org/wiki/Lung_cancerhttp://en.wikipedia.org/wiki/Pleuralhttp://en.wikipedia.org/wiki/Peritoneal_mesotheliomahttp://en.wikipedia.org/wiki/Asbestosis


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relocated away from villages, and are known to coat the land and communities in the area with

soot and to damage adjacent vegetation. Almost no vegetation can grow in the area directly

surrounding the flare due to the prevailing heat56.

People in the affected areas complain about health issues including respiratory problems, skin

rashes, tumors, gastrointestinal problems, cancers and malnourishment; many have lost basic

human rights such as health, access to food, clean water, and an ability to work.

3. ENVIRONMENTAL LAWS AND THE PRINCIPLES SUSTAINABLE

DEVELOPMENT.

International law since the beginning of 19th century has played a significant role in the protection

of the environment. International environmental law has developed rules and principles governingmultilateral treaties expressing common global concern, as well as those governing trans-boundary

relationships involving two or more neighboring states. Nigeria has not only acceded to some of

these bilateral and multilateral treaties regulating the environment but has a gone a step further to

domesticate some of the treaties. For the purpose of this paper however, emphasis will be placed

on laws in relation to oil pollution and pollution in relation to that experienced in the Niger Delta.

These international agreements regulate different aspects of oil pollution damage by prohibiting

certain conduct, imposing liability, setting up compensation schemes, pollution control and

establishing reporting and response systems.

INTERNATIONAL ENVIRONMENTAL CONVENTIONS/TREATIES

Some of the international laws/treaties are: Basel Convention on the Control of Trans-boundary

Movement of Hazardous Wastes and their Disposal, 1989; Protocol to the Framework Convention

on Climate Change, Kyoto, 1997; Rio Declaration, 1992; Stockholm Declaration, 1972; The

Convention of the High Sea, 1958; Montreal Protocol on Substances that Deplete the Ozone Layer,

1987; International Convention on Civil and Political Rights, 1966; International Convention on

Civil Liability for Oil Pollution Damage, 1969; International Convention on the Establishment of

2000. accessed on 20th January, 2012.

56Bronwen Manby,The Price of Oil Human Rights Watch. Ibid as in note 46.

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an International Fund for Compensation for Oil Pollution Damage, 1971; International Convention

for the Prevention of Pollution of the Sea by Oil 1954, as amended in 1962; International

Convention on the Prevention of Marine Pollution by the Dumping of Wastes and Other Matters,

1972; Convention on Co-operation in the Protection and Development of the Marine and Coastal

Environment of the West and Central Africa Region, 1981; African Charter on Human and

Peoples Right, 1981and The International Covenant on Economic, Social and Cultural Rights.

It must however be stated that some of these treaties have not been domesticated into the Nigerian

laws57. Reference will be made to some of these treaties in relation to the Nigerian environmental

law as it relates to the Niger Delta in the course of the paper. The table below contains some of the

International Environmental Laws, Conventions and Treaties Ratified into law by Nigeria58.

CONVENTION / TREATY Date ratified

Convention on the Protection of the World Cultural and Natural Heritage

1972

1974

Convention on the Prevention of Marine Pollution by the Dumping of Wastes

1972

Convention on International Trade in Endangered Species (CITES) 1973 1974Convention on the Conservation of Migratory Species of Wild Animals

(Signatory only)

1987

Convention on the Law of the Sea 1982 1986

International Convention for the Prevention of Pollution of the Sea by Oil, 1968

57Therefore, compliance with these laws is merely persuasive since international law recognizes thesovereignty rights of each State. States that are not signatories or parties to the convention have nobusiness complying with the law. Where however, a state party breaches the law, economic sanctionscould be adopted by the other states signatory to that treaty to compel obedience to the treaty,therefore international environmental law could largely be said to be inchoate and for this, it is not avery effective weapon for achieving sustainable development in terms of environment hence thecontinuous call for domestication of some of these treaties. Ezeabasili, Nkechi, Legal Mechanism forAchieving Environmental Sustainability in Nigeria, p. 375.

58Source: Nigeria ETOA, April 2002 ; Federal Republic Nigeria Fourth National Biodiversity Report Abuja 2010,

accessed on 05th January, 2012.

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1954-62

The International Convention on Civil Liability for Oil Pollution Damage

(Ratification and Enforcement) Act, 1969

2006

Vienna Convention on the Protection of the Ozone Layer 1985 2001

Montreal Protocol on Substance that Deplete the Ozone Layer 1987 1988

Basel Convention on the Trans-boundary Movement of Hazardous Wastes

and their Disposal 1989

1991

Framework Convention on Climate Change (FCCC) 1992 1994

Kyoto Protocol 1997 2004

Convention on Biological Diversity (CBD) 1992 1994

Convention on Desertification (CD) 1997

African Charter on Human and Peoples Right 1990

PRINCIPLES OF SUSTAINABLE DEVELOPMENT

As international environmental law, is no longer exclusively concerned with reparation for

environmental injury, but also measures to ensure the control and prevention of environmental

harm and the conservation and sustainable development of natural resources and ecosystem of the

whole biosphere59

. To this end various laws and treaties have emerged for this purpose of

environmental protection.

The international laws and treaties relating to principles of sustainable development started from

the Stockholm Declaration where it was agreed that there was the urgent need to respond to the

problem of environmental deterioration60. The Brudtland report of 1987 came after Stockholm and

defined sustainable development. The report suggested that international governments should meet to

look at how to best reduce the effects of human activities on the environment for future generations.

59A.B, Abdulkadir and I.Imam, An Examination of the Applicability of international Environmental Law Principles In National

Courts, [Petroleum and Natural Resources and Environmental Law Journal] Vol.1, no.3, 2009, p.50.

60Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972(United Nations publication, Sales No. E.73.II.A.14 and corrigendum), chap.I. The conference led to theestablishment of the United Nations Environment Program (UNEP) and other environmental

organizations.16


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This led to the first Earth Summit, held in Rio, Brazil in 1992, known as the Rio Declaration, 199261,

which proclaimed the 27 Principles that the protection of the environment and social and economic

development are fundamental to sustainable development. Sequel to this declaration a global

program to achieve such development was adopted, titled Agenda 2162. This program which was

built on the Rio declaration was a significant milestone that set a new agenda for sustainable

development. The worlds nations have met in several major conferences under the auspices of the

United Nations, like the Johannesburg Summit on Sustainable Development, 200263, these

conferences defined for the world a comprehensive vision for the future of humanity.

It is pertinent to note that treaties on sustainable development have incorporated some principles of

international environmental law and customary international law principles. Principles like; no

harm principle which has been embodied in Principle 21 of the Stockholm Declaration64; The

precautionary principle65, which may be said to be the basis for Environmental Impact Assessment

laws; The polluter pays principle which is more of a principle of economic policy for allocating the

cost of pollution, rather a legal principle, but it has certain implications for the development of

international environmental law66. Other principles include the equal access and non discrimination

and principle to co-operate with other states. All these laws and principles have been applied in

the international setting when the occasion called for it. However, these laws and principles will be

of no use at the national level if not given recognition and adherence by the national laws and

61Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3- 14 June1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vols. I-III

62Ibid; vol. I: Resolutions adopted by the Conference, resolution 1, annexes I and II. Agenda 21committed governments to seek ways to move towards a more sustainable future. This looked atsocial developments, such as reducing poverty, improving education and strengthening therepresentation of different groups such as youth, women and indigenous peoples.

63Ten years after the first Earth Summit in Rio, a conference in Johannesburg met to review progresstowards sustainable development. This conference looked at social issues such as poverty and poorsanitation that affect an estimated 1.1 billion people worldwide.

64It affirms the sovereign right of states to exploit their own resources pursuant to their environmental

policies and their responsibility to ensure that activities within their environment or control do notcause damage to the jurisdiction of other states or to areas beyond the limits of national jurisdiction.

65The rule that states must not cause or permit to be caused serious or significant harm to other statesor common spaces. This principle was enunciated in the Corfus Channel case. Also art 206 of theUnited Nations Convention of the Law of the Seas [UNCLOS] 1982, requires states having reasonablegrounds for believing that planned activities under their jurisdiction or control may cause substantialpollution to the marine environment to as far as practicable assess the potential effect of suchactivities on the marine environment and report the result of such assessment to the IMO.

66Abdulkadir et al, An Examination of the Applicability of international Environmental Law Principles In National Courts, p.58.

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courts. In the course of this paper, the application of these laws and principles will be enunciated

with regards to the national environmental laws concerning the Niger Delta.

NATIONAL ENVIRONMENTAL LAWS

Nigeria is not dependent on international laws only to regulate its environment. The basis of

environmental policy in Nigeria is contained in section 20, 1999 Constitution of the Federal

Republic of Nigeria, the State is empowered to protect and improve the environment and safeguard

the water, air and land, forest and wildlife of Nigeria. Though the awareness towards

environmental protection was not seriously taken and laws regulating the environment were not

enacted till around 1987 when the Koko dumping triggered the first legislation in The Harmful

Waste (Special Provisions, etc.) Act. Several national laws have however been enacted to regulate

various aspects of the environment. These laws with particular reference to some of the laws

regulating the environment of the Niger Delta Region67include:

i. Minerals Ordinance of 191468

ii. Oil in Navigable Waters Act69

iii. Petroleum Act70

iv. Oil Pipelines Act71

v. Associated Gas Re-injection Act72

vi. Federal Environmental Protection Agency Act73

vii. Environmental Impact Assessment Decree74

67The oil and gas industry can rightly argue that they have been concerned with environmental lawsand regulations for over two decades. This is because the oil and gas industry is a complexcombination of interdependent operations comprising exploration and production operations,processing of crude oil into consumer products, transportation and marketing activities and morerecently gas extraction. At each stage of these operations, gaseous, liquid and solid waste materialsare produced and discharged. These can, if not properly discharged and controlled, adversely affectthe nation's air, water, and soil. For this reason a wide range of laws and regulations to controlpollution in the oil and gas industry have been promulgated. Akinjide & co, Nigeria: Legal Aspects OfInternational Environmental Protection - The Nigerian Oil Spill, accessed on the 20th January, 2012.

68 As amended in 1925, 1950 and 1958. See Cap 12 L.F.N 1958

69

Cap O.6 LFN 2004

70 Ibid. Cap P.10

71 Ibid. Cap O.7

72 Ibid. Cap A.20

73 Ibid. Cap F.10

74 Ibid. Cap E. 12

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viii. Hydro Carbon Oil Refineries Act75

ix. Criminal Codex. Harmful Waste (Special Criminal Provisions, Etc) Decree 198876

xi. Sea Fisheries Decree77

xii. Petroleum Products And Distributions Act78

xiii. Territorial Waters Act79

xiv. Land Use Act 1978xv. Niger Delta Development Commission Act80

xvi. African Charter on Human and Peoples Rightxvii. The National Oil Spill Detection and Response Agency (Establishment) Act 2006.

xviii. The National Environmental Standards and Regulations Enforcement Agency(Establishment) Act 2007

States have also promulgated environmental laws within the limits of the powers conferred on

them by the Constitution. Some of these laws are:

In Lagos State, the Lagos State Environmental Protection Agency Law

Akwa Ibom State enacted the Environmental Protection and Waste Management Agency

Law

4. APPLICATION OF PRINCIPLES AND LAWS REGULATING THE

ENVIRONMENT IN THE NIGER DELTA IN ENSURING SUSTAINABLE

DEVELOPMENT

It can be seen from the various legislations highlighted above that attempt has been made by the

Nigerian government in making legislations towards environmental protection and pollution.

However, the question to ask is how adequate have these laws been in ensuring protection for the

environment especially in the Niger Delta region? A brief review of some of these laws will show

75Ibid. Cap H.5

76Ibid. Cap H.1

77Ibid. Cap S.4

78Ibid. Cap P.2

79Ibid. Cap T.5

80Ibid. Cap N.68

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how inadequate, inapplicable and obsolete they are to ensure environmental sustainability and

development.

THE 1999 CONSTITUTION

The 1999 Nigerian Constitution in section 20 outlines the environmental objectives for the state to

protect and improve the environment and safeguard the water, air and land, forest and wild life of

Nigeria. However, this provision is not justiciable in any court of law by virtue of section 6(6), (c)

of the said constitution, which oust the jurisdiction of the court in determining issues brought under

the Fundamental Objectives and Directive Principles of State Policy81. This part of the constitution

was reviewed in Gani Fawehinmi v Abacha82 and it was held that the court is prevented from

entertaining or deciding on any of the provisions contained in that chapter.

The effect of this ouster clause is that the Niger Delta people are being denied these

rights(environmental) as entrenched in the constitution it is therefore illogical for provisions

contained in the constitution of a country not to be made enforceable, more particularly has it

relates to the rights, welfare and development of the citizens83.

THE LAND USE ACT

The Land Use Act vests the ownership, management and control of land in the state in the

governor of each state84. The land is held in trust and administered for the use and benefit of all

Nigerians and allocated with his authority for commercial and agricultural purposes. Virtually, the

entire land and offshore of the Niger Delta region of Nigeria are covered by oil mining license and

Prospecting Licenses that entitle the oil firms operating in this region to enter onto peasant land85.

The land use act as a legal instrument authorizing the activities which have led to this pollution and

81 Set out in Chapter II of the 1999 Constitution

82 [2001] 4 S.C.N.J. 400.

83The preamble of the constitution reads and to provide for a constitution for the purpose ofpromoting the good governance and welfare of all persons in our country on the principles of freedom,equality and justice; and for the purpose of consolidating the unity of our people. The question is howequal or just has the implementation of the constitution in terms of the welfare and development ofthe Niger Delta being a part of Nigeria that supplies the resources used for economic growth.

84Section 1 of the Act.

85Aghalino, S. O, Oil Mineral Exploitation, Environmental Deterioration and Public Policy in Nigeria,Calabar Journal of Politics and Administration, 2004, vol.2, no.122, pp.39 50.

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degradation of the region raises so many issues. These issues have even led to the cause of

grievance of the people, they include; right to adequate compensation86, right to natural resources87,

right to development88. The question is of what benefit is the land which is being held in trust for

the common benefit and use of all to the Niger Delta region, since it has deprived them of their

source of sustenance in farming and fishing and adding pollution of various forms to the health and

environmental condition. The administrative power over the land invested in the governor is being

used like a fiat to the oil companies to do as they please without reckoning. It is humbly submitted

that the Act needs to be reviewed in line with modern practice of land tenure and oil exploration

activities. This will enable proper monitoring and make it possible to usher in the needed

sustainable development in the region.

PETROLUEM ACT

This Act is the primary legislation on oil and gas activities in Nigeria and it promotes safety and

environmental protection. It generally empowers the Minister to make regulations89 for the

prevention of pollution of watercourses and the atmosphere90. The regulations which are made are

not in tune with the effect of such pollution taking place in the Niger Delta as there is no protection

86Sec 29 (4) makes provision for compensation payable on land the subject of a revocation of the rightof occupancy. The agitation against the Act is the inadequate compensation being paid since oil hadbeen discovered at Oloibiri, Bayelsa State in 1956.

87This right stems from the international law right of indigenous people of which the some are of theopinion that people of the oil communities are indigenous people and thus have these rights. TheInternational Labor Organization Convention Concerning Indigenous and Tribal Peoples in IndependentCountries 1989 defined the concept of indigenous people as peoples in independent countries whoare regarded as indigenous on account of their descent from the populations which inhabited thecountry, or a geographical region to which the country belongs, at the time of conquest or colonizationor the establishment of present state boundaries and who, irrespective of their legal status, retainsome or all of their own social, economic, cultural and political institutions.

88This is an international acclaimed right contained in various development treaties particularly theAfrican Charter which is part of the national laws of Nigeria.

89 Example of such regulation is regulation 25 Petroleum Regulations 1969. which states that thelicensee or lessee shall adopt all practicable precautions including the provisions of up to date

equipment approved by the Director of Petroleum Resources to prevent pollution of inland waters,river, water course, the territorial waters of Nigeria or the high seas by oil, mud or other fluid orsubstances which might cause harm or destruction to fresh water or marine life and where any suchpollution occurs or has occurred, shall take prompt steps to control and , if possible, end it. Thisprovision suffers from two defects, first of all a rather vague legal duty is imposed , as all the operatoris enjoined to do is to take prompt steps to control and if possible end the pollution in question.Secondly, it does not deal with land pollution at all. Also the Petroleum Regulations 1967 containsprovision against leakage of petroleum products. Penalties for non-compliance are revocation and afine of N100 with the option of imprisonment.

90Section 9 (1), (b), (iii)

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against land pollution and where penalty is imposed for non compliance, especially on water

pollution, they are too mild and hardly ever enforced.

THE ASSOCIATED GAS RE-INJECTION ACT

The Act deals with gas flaring activities of oil and gas companies in Nigeria. It compels oil and gas

producing companies in Nigeria to submit preliminary program for gas reinjection. Section 3 (1)

prohibits gas flaring in Nigeria without lawful permission. Irrespective of this provision not much

has been achieved on this issue91, though in recent years there has been a definite shift, due to the

awareness of climate change, government have therefore given fresh deadlines to stop gas flaring

and they have also pledged to provide incentives to businesses wishing to invest in the economic

utilization of the gas being flared92. It is quite pathetic that this Act is supposed to be the legal

regime regulating the issue of gas flaring, but it is has not achieved anything on the issue except on

paper; this is because gas flaring is still going on in most part of the Niger Delta region. The

problem lies with enforcement by the government as it seems as if the economic impact realized

from the oil companies is more beneficial than the health and environmental hazards they cause for

the citizens.

CRIMINAL CODE

Section 245 of the Act prohibits the fouling of water of any spring, stream, well or tank or place,

such that it is rendered less fit for the purpose for which it is ordinarily used. The criminal code is

applicable to all the states of the Niger Delta, but it remains to be seen if any oil company will be

brought to book for the pollution to the places specified in the provision as the streams which the

people use for bathing, washing, cooking and fishing is no more fit for its ordinary use.

91The penalty for non compliance was forfeiture of concessions. The deadline was fixed for January1984 and later extended to April and then to January 1985. The Associated Gas Reinjection (ContinuedFlaring of Gas) Regulations 1984 came into force, it provided for exemptions to the general ban on

flaring. With the effect of exempting 55 of 84 Shell oil fields, 10 of 15 Mobils, 4 of Agips 22, 7 of 17Gulf now Chevron, 3 of Texacos 5, 4 of Elfs 6, 1 of Ashlands 3 and 1 each of Tenneco and Pan Ocean(making 86 out of 155 oil fields being exempted from the anti flaring provisions). The governmentclaimed the laws were promulgated despite the absence of infrastructure for associated gas utilizationand there was the problem of finance. Omorogbe Y, An Appraisal of Nigeria Natural Gas Legislation,vol.4, Issue 2, Oil and Gas Law and Taxation Review (1988/89), p.51.

92Nigeria has initiated natural gas projects like, the Oso Condensate Project, Escravos Gas Project,Liquefied Natural Gas Project, and West African Gas Pipeline Project. These are laudable but time willtell if this will be like past projects initiated by the government, which are always buried in the chest ofbureaucracy.

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OIL IN NAVIGABLE WATERSACT

This was a decree of the then Military Government to implement the terms of the International

Convention for the Prevention of Pollution of the Sea by Oil 1954-62 to which Nigeria is a

signatory. It makes provision for the prevention of pollution by oil in the nations navigable waters.

PETROLEUM PRODUCTS AND DISTRIBUTIONS ACT

This act makes the offence of sabotage which could result in environmental pollution punishable

with a death sentence or as imprisonment term not exceeding 21 years.

OIL PIPELINE ACT

Section 11 (5) of the Act creates a civil liability on the person who owns or is in charge of an oil

pipeline, by making the person liable to pay compensation to anyone who suffers physical or

economic injury as a result of a break or leak in the pipeline.

Generally, the above laws have neither been effective in curbing ecological damage caused by oil

pollution and gas flaring nor have they been able to prevent activities deleterious to the

environment. These laws tend to under estimate the long term problems of environmental damage,

oil activities have caused on the Niger Delta region. The laws mostly deal with measures to prevent

pollution while they are silent on the consequences that should follow when pollution occurs or the

penalty for breach is not proportional to the offence and are never enforced.

HARMFUL WASTE (SPECIAL CRIMINAL PROVISIONS, ETC) ACT.

The first serious and action oriented legislation on environment in Nigeria was made in 1988, in a

swift reaction to the dumping of toxic waste at Koko port with the promulgation of two decrees 93.

The Harmful Waste (Special Criminal Provisions, etc) Act objective was prohibiting the carrying,

depositing and dumping of harmful waste on any land, territorial waters, contiguous zone,

exclusive economic zone of Nigeria or its inland water ways and prescribing severe penalties for

any person found guilty of these crimes. These decrees were followed by official release on the

93Harmful Waste (Special Criminal Provisions, etc) Decree and Federal Environmental ProtectionAgency Decree. The public outcry from the Koko incident also led to the adoption on the internationallevel the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes andtheir Disposal, 1989 and the Bamako Convention on the Ban on the Import into Africa and the Controlof Trans-boundary Movement and Management of Hazardous Wastes Within Africa, 1991

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National policy on the Environment in 1989 with the goal of sustainable development in the

country94.

FEPA ACT

The Act is the most comprehensive attempt at giving legal teeth to the protection and sustainable

development of the Nigerian environment. The Act accorded the Agency virtually unlimited

powers and functions for the protection of the Nigerian environment. In the realization of its

mandate, FEPA issued about eight Guidelines and Regulations dealing with different aspects of the

Nigerian environment95. It is however sad to note that, the Act did not fair very well96. For

example, FEPA did not carry out an initial ecological audit of the oil-bearing enclave of the Niger

Delta without which, it is impossible to monitor the impact of oil and gas exploration andproduction over time97. It is also worth noting that despite the enormous powers conferred on

FEPA, it was not able to apply legal sanctions on any defaulting oil firms in Nigeria98. Also,

section 21 of the Act which provides that in the event of spill emanating from sabotage, oil firms

are not liable to pay compensations but are enjoined to clean up the environment where such spills

occurred; has provided a defense for the Oil companies in Nigeria, who have taken advantage of

this sabotage alibi and absence of effective regulations to perpetrate irresponsible practices and

adopt production methods which maximize profit and minimize investment in environmental

safety. The oil companies in Nigeria adopt the most direct and inexpensive methods of waste

disposal. These include indiscriminate dumping of drilling mud, drill cuttings, and dumping of94Securing for all Nigerians a quality of environment adequate for their health and well-being;Conserving and using the natural resources for the benefit of present and future generations;Restoring maintaining and enhancing the ecosystem and ecological processes essential for thepreservation of biological diversity; Raising public awareness and promoting understanding of theessential linkages between environment and development and; Cooperating with other countries andinternational organizations and agencies to achieve the above.

95National Guidelines and Standards for Industrial Effluent, Gaseous Emission and Hazardous WastesManagement in Nigeria, 1991; National Environmental Protection (effluent Limitation) Regulations,1991; National Environmental Protection (Management of Hazardous Wastes) Regulation, 1991; etc.

96The FEPA Act has been repealed and replaced by the NESREA Act, 2007

97Aghalino, S. O, Oil Mineral Exploitation, Environmental Deterioration and Public Policy in Nigeria,p.42.

98With the coming of the civilian administration in May, 1999, the Federal Ministry of Environment wasestablished and FEPA was absorbed into it and for more than thirteen years of its inception, theFederal Ministry of Environment has been witnessing the pollution and degradation of the Nigerianenvironment especially in the Niger Delta region by oil multinationals and has taken no legal action ortangible corrective act to stop the pollution and degradation.

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sludge, practices which differ from stringent environmental regulations in the metropolitan

countries of the oil majors99.

NESREA ACT

This Act replaced the repealed FEPA Act100 and became the primary law on environmental

protection while the new Agency has replaced the old Agency. It is largely a reproduction of the

repealed Act, and an effort on the part of the government to address the issue of environmental

pollution by emphasizing the need for the enforcement of the relevant laws and regulations101. It is

however unfortunate that the powers of the Agency do not extend to environmental issues arising

from the oil and gas sector102. This is a negative implication for the Niger Delta region as this

apparent lacuna is too gross for the Act to omit, considering the fact that the nations economy is

majorly based on oil proceeds, of which oil activities which take place in the Niger Delta region

causes devastating environmental pollution. For the NESREA Act which is the primary

environmental law of the country not to address the oil and gas environmental problems is really

unfortunate.

EIA ACT

The promulgation of the EIA103 Act brought about the establishment of a formal legislative

framework for EIA in Nigeria104. The EIA Act seeks to ensure that all activities by all persons are

99Ibid. p.42

100By virtue of section 36, NESREA Act.

101Like the FEPA Act, NESREA is to be administered by the Ministry of Environment.

102The Agency may enforce international agreements on the environment including oil and gas (Item 3,section 7); it cannot enforce compliance with regulations on the importation, exportation andproduction of hazardous chemicals from the oil and gas sector or enforce compliance with regulationson noise, air, land, sea, oceans etc in the oil and gas sector (Item 8, section 7); the Agency cannoteven conduct environmental audit and establish data bank of regulatory mechanisms in the oil andgas sector (Item 11, section 7); the Agency cannot create public awareness or provide environmentaleducation on sustainable environmental regulations in the oil and gas sector (Item 12, section 7)

103Environmental impact Assessment involves the identification, prediction and evaluation of potentialenvironmental impacts associated with a specific development proposal, program or policy.- Ajayi O,Environmental Impact Assessment and Sustainable Development, A Review of the NigerianFramework, Nigerian Current Legal Problems, vols.2&3, (1993-1995), NIALS, p.13.

104Prior to its promulgation, the operators of various industries especially the oil industry, had adepartment for environment, which usually carries out EIA under guidelines prepared by itsEnvironment and Safety section. Jonathan Ehusani and Mohammed Etudaiye, A Critical Analysisof the Existing Legal Regime for Environmental Protection, (Law and Climate Change in Nigeria,Faculty of Law, University of Ilorin, 2011), p.235.

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subject to environmental considerations at the commencement of projects identification and

planning in order to indicate an environmental ethic in all citizens, persons and institutions in the

country. It also aims at free dissemination of information relating to the environmental impact of

activities to relevant interested parties and the public generally105. The importance of EIA as a tool

for sustainable development is underlined by Article 11 of the Convention on Biological Diversity,

which requires all parties thereto, to ensure that the appropriate procedures for impact assessment

of proposed projects are dully taken into consideration. This is also contained in Principle 17 of the

Rio Declaration106. It must to be acknowledged that Nigeria has taken serious steps to develop

effective environmental strategies by the promulgation of the EIA Act and all the procedural

guidelines, however in practice the Act like other environmental legislations have been reduced to

mere paper work. The Act suffers failure at the implementation stage as EIA is hardly undertaken

prior to the approval of any project. In the developed countries, compliance with environmental

standards is best achieved not only when government regulators enforce the law, but also with

strong community pressure both on the operators and on the government agencies107. This is not

the scenario in the Niger Delta, as the communities are marginalized from the decision making

process, with the corruption of the government officials, this laudable legislation which would

have had a positive effect on the region is not allowed to bear the desired fruits.

NDDC ACT

The objective of the Act is to use the allocated funds108 to tackle ecological problems arising from

the exploration of oil minerals in the Niger Delta. Section 7 (1), (b), empowers the commission to

plan and to implement projects for the sustainable development of the Niger Delta in the field of

transportation, health, agriculture, fisheries, urban an housing development, etc. the commission is

also to liaise with oil and gas companies and advice stakeholders on the control of oil spillage, gas

105Ibid. p.236.

106The Rio Declaration is however not binding, as it has not been ratified as a national law.

107In Nigeria and particularly the Niger Delta, there are frequently less political and legal avenues forthe participation of local communities and NGO's in the administrative, political and judicial decision-making process regarding environmentally sensitive facilities.

108Funds for running NDDC comes from the federal government which contribute 15% of the 13% oilrevenue allocation due to the nine oil producing states from the federation account. 3% of annualbudget of oil companies operating in the region and 50% of ecological fund due to the nine oil-producing states. The Commission also receives aid from abroad - Professor H.A Saliu, S. Luqman,A.A Abdullahi, Environmental Degradation, Rising Poverty And Conflict: Towards An Explanation OfThe Niger-Delta Crisis, Journal of Sustainable Development in Africa, vol.9, no.4, 2007, p.289

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flaring and other related forms of environmental pollution. The establishment of the commission by

the government was a very laudable one though coming late, the NDDC as presently constituted is

doing its best within its resource limits, however, the best of the agency seems not to be enough given

the long years of neglect and marginalization of the people in the area. The developmental needs of the

region are far beyond what the NDDC alone can handle.

NOSDRA ACT

The Federal Executive Council of Nigeria approved a National Oil Spill Detection and Response

Agency in 2006. The Ministry of Environment, which initiated the Agency also forwarded to the

Federal Executive Council for approval, the reviewed draft National Oil Spill Contingency Plan

(NOSCP) which the Agency would manage. The establishment of the contingency plan and the

agency complied with the International Convention on Oil Pollution Preparedness, Response andCooperation to which Nigeria is a signatory. The draft bill on the NOSDRA has been forwarded to

the National Assembly for deliberation and enactment into law. Apart from intensifying efforts

towards compliance, monitoring and enforcement of oil and gas regulations and standards, the

ministry is also mounting pressure on the oil and gas operators for a gas flare-out. Effort is also

being made to ensure the use of environmentally friendly drilling fluid and mud systems. This are

all good initiatives which if implemented will benefit the Niger Delta region. It is however sad to

note that the National Assembly is yet to pass this bill.

AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHT

Art 22 of the charter, provides that all people shall have the right to their economic, social and

cultural development with due regard to their freedom and identity and in equal enjoyment of the

common heritage of mankind. Furthermore, states shall have the duty, individually or

collectively, to ensure the exercise of the right to development. . The right to a general

satisfactory environment, as guaranteed under Article 24 of the African Charter or the right to a

healthy environment had been an illusion109. This provision impo

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