OIL AND THE NIGER DELTA PEOPLE: A CRITIQUE OF THE EXISTING LEGAL FRAMEWORK

Abstract

Nigeria is currently the 10th largest oil producer in the world, accounting for about 2.2 million bpd in 2012, and it is the largest oil exporter in the African continent. Currently, the country�s oil resources generates at about $136 billion a year, accounting for more than 85 per cent of Nigeria�s revenue and approximately 90 per cent of her total exports. Given Nigeria�s substantial resources, it should be the jewel in the crown of Africa. But it is not. The country is struggling with abject poverty, political instability, social insecurity and underdevelopment. The huge revenue derived from oil have not improved the living conditions of the Nigerian people because it has not been optimally and wisely utilized. Section 1(1) of the Petroleum Act, Cap 10, 2004 vests the ownership and control of petroleum mineral resources in the state. While it must be stated that its strengths lies in providing regulations for safe operations, protection of the environment, and conservation of natural resources. However, its weaknesses lie in granting all rights to decide to the Minister, no provisions for transparency in grant of oil licenses and leases, not strong on accountability and inadequate penalties for offenses. This is the crux of the whole restiveness and agitations in the Niger Delta. Communities in the Niger Delta whose land bears the oil have remained politically ostracised, economically disempowered, ecologically frustrated and infrastructurally underdeveloped. This is owing to rent mismanagement, profligate spending, kleptomania and the bad polices of successive Nigerian government. The excessive oil profits are being taken away by foreign oil companies. Apart from that the foreign oil companies collude with corrupt government officials to disobey environmental laws. This development has caused monumental environmental degradation. This research work aims to address how the Nigeria government can approach the Niger Delta oil crisis with short-term solutions. The research work argues that short-term justice will help to provide the immediate needs of tens of millions of neglected and impoverished citizens of Niger Delta region in the meantime while the government continues to work on long-term solutions to her problems.

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