Oil Spills in the Niger Delta: Does the Petroleum Industry Act 2021 Offer Guidance for Solving this Problem?

Abstract

Oil exploration and production in the Niger Delta have resulted in massive oil spills and
lasting environmental damage to the region. This article critically examines the legal and
regulatory dimensions of this problem. It looks at the general statutory provisions
governing oil spills in the Niger Delta to see whether there are gaps and deficiencies in
the existing laws and policies which cause or exacerbate oil spills in the region. It further
looks at the implementation and enforcement of the laws, particularly the effectiveness
or lack thereof of the polluter-pays principle, adequacy of funding for environmental
remediation, issues relating to standard setting and ministerial discretion, as well as the
issues associated with the security problems in the Niger Delta. The article concurrently
reviews relevant sections of the newly enacted Petroleum Industry Act (PIA), 2021 to
see whether it offers guidance for solving the endemic problem of oil spills in the Niger
Delta. It is concluded that poorly developed laws, and weak institutions that result in
weak implementation and enforcement protocols remain largely to blame for the
problem of oil spills in the Niger Delta. It also discusses how the PIA can be
strengthened to address persisting gaps in the design and implementation of oil spill
responses in Nigeria.