The petroleum sector plays an important role in the Nigerian economy. It is the single largest revenue earner of the country and one of the largest contributors to the economy.
Nigeria has been known for her economy prior to the discovery of crude oil in commercial quantity in 1956 in Oloibiri in present-day Bayelsa State to agriculture.
Agriculture was the major source of foreign exchange earnings through the exportation of cash crops such as rubber, cashew, groundnut, hide, and skin produced by the northern region. Cocoa and coffee were mostly found in the Western part, while palm oil and palm kernels were from the East.
The discovery of crude oil in Nigeria is perceived as a mixed blessing. It brought economic growth and infrastructural development, but it also came with disadvantages. Thus, the bitter-sweet blessing from the gods ‘crude oil’ enabled the destruction of the environment, especially the riverine communities, which affected fishing and the Indigenous population.
Other sectors of the economy, such as agriculture and crafts making, should be given an opportunity to thrive and support revenue from petroleum, especially now that the price of oil is throat-cutting to allow the indigenous population to dabble in the art of living.
Crude oil was discovered in Nigeria in 1956 at Oloibiri in Bayelsa state. As a part of the Niger Delta in the excitement came a risk but not for the explorers but for the indigenous people. The discovery was made by Shell-BP, at the time. Nigeria after the discovery joined the list of oil-producing countries in the year 1958.
After 1960, exploration rights of crude oil onshore and offshore areas adjoining the Niger Delta were then extended to other foreign companies. In 1970, after the end of the Biafran war, the end of the war seemed to clash with the rise in the world oil price, and Nigeria was able to reap heavy benefits from oil production.
The export of petroleum plays a dominant role in Nigeria’s economy and could be responsible for about 90% of her gross earnings. This dominant role petroleum plays has pushed agriculture, the traditional mainstay of the economy, from the early fifties and sixties behind the scenes[3].
Agriculture which was the bread and butter of Nigeria seemed to play second fiddle to the newly discovered ‘liquid gold’. These natural resources have been described as a curse rather than a blessing to the people as the citizens continue to live in abject poverty with little or no development. The oil companies operating in these areas carry out operations without due regard to the peace and long-term effects of the people leaving trails of environmental destruction and neglect.
In the riverine communities where oil is mostly present, suffer the aftermath of the activities. The water bodies and riverine draw their lives and strength from the water. They feed and live off the water. Cooking, bathing, and fishing activities literally take place on the sea, and when the oil spill happens it affects their life in every possible way.
The water that they thrive on suffers deeply. Due to the oil spill, the water is definitely not safe for drinking or even bathing and the aquatic creatures are endangered many even dying as a result.
Pollution is the side effect that petroleum activities have on Nigeria, the operations release a lot of harmful pollutants into the air as well as chemicals and toxins into the water. The soil also loses its texture and causes dilapidation making planting stressful and fruitless. The environment suffers greatly.
In Nigeria, the Niger Delta regions are affected the communities which are usually not fully developed usually ask that after the operations the land or the environment be kept clean.
The People of the Communities have several rights, these rights are being trampled on due to the oil spillages and other petroleum activities. Some of these rights include;
- Right to a clean environment
- Right to Health
- Right to cultural life in their community
- Right to Self-Identification
- Right to practice distinct economic and social practices
The laws in Nigeria unfortunately do not oversee environmental justice. The Constitution houses no provision that allows inhabitants of these communities to have control over the resources of their land.
The constitution however allows ownership of natural resources belonging to the Nigerian State and the Petroleum companies to have control of oil resources.. The ownership and control of mineral resources in Nigeria are provided in Section 44(3) of the constitution. It provides that:
“the entire property in and control of all minerals, mineral oils, and natural gas, under or upon any land in Nigeria, under, or upon the territorial waters and the exclusive economic zone shall best in the government of the federation and shall be managed in such means as may be prescribed by the National Assembly “
Similar provisions are contained in S.1 of the Minerals & Mining Act and the implications are to the effect that no government or individual/ communities/ local government has a legal right of ownership of mineral resources found in the country.
On the other hand, the constitution being the grundnorm is supreme and if any other law is inconsistent with its provisions, the constitution shall prevail, and that other law shall, to the extent of its inconsistency be void. Due to this law, as a solution no other law can be enacted to give inhabitants of the communities rights against the natural resources.
To say there is no hope would be an overstatement, in 2021 the Petroleum Industry Act (PIA) came into existence. This act will provide regulation and is the legal framework in the Petroleum Industry and in its provisions even provide that host communities should be provided with direct social and economic benefits for petroleum operations.
