© DEC 2023 | IRE Journals | Volume 7 Issue 6 | ISSN: 2456-8880
IRE 1705296 ICONIC RESEARCH AND ENGINEERING JOURNALS 253
Traversing the Environmental Regulation of the Nigerian
Petroleum Industry and Environment from FEPA to the
Petroleum Industry Act
AYODELE MOROCCO-CLARKE
Faculty of Law, Nile University of Nigeria
Abstract- Since the discovery of oil in the late 1950s
in Nigeria, the country has relied on the petroleum
industry for most of its earnings. Consequently, a
raft of legislation has been put in place to regulate
the industry and these regulatory instruments have
run the gamut from laws enacted to regulate the
exploration and production activities of oil
companies, right down to laws passed to protect the
environment. This work traverses the major laws,
regulators and instruments which shoulder the
responsibility of overseeing the activities of the
petroleum industry in Nigeria and protecting the
environment from those activities. The regulation of
the Nigerian petroleum industry over the past
decades has come with lots of difficulty,
shortcomings and conflicts. This work analyses the
regulatory interface between various laws and
regulatory bodies and culminates in
recommendations to better protect the environment
as well as the health and well-being of people
residing in close proximity of oil operations.
Indexed Terms- Nigeria, Environmental Protection,
Petroleum Industry, Regulation, FEPA, Oil & Gas,
Petroleum Industry Act.
I. INTRODUCTION
Nigeria first discovered oil in commercial quantity in
1956. This discovery was made in Oloibiri in modern
day Bayelsa State.
1
Due to its impact and
relevanceglobally, oil has been referred to as ―a
fundamental building block of our modern
world.‖
2
The dominance of oil is one which has
spannedover ―…a century in which every facet of our
civilization has been transformed by the modern and
mesmerizing alchemy of petroleum.‖
3
With over 37
billion barrels of proven reserves of oil
4
and 209
trillion cubic feet (TCF) of proven gas reserves,
5
Nigeria‘s guards the oil industry due to the income it
generates. The revenue derived from the petroleum
industry in Nigeria constitutes the largest source of
revenue for the country.
6
Between 1960 and 2000, oil
worth more than Three Hundred Billion Dollars was
extracted from the Niger-Delta region of Nigeria
7
and
earned $196 billion from oil and gas exports in the
four years from 2007 to 2010.
8
In a bid to ensure standards are set and there is some
oversight with regards to the petroleum industry,
Nigeria put in place numerous instruments and
bodies, and these have been the mechanisms that
regulate the industry. However, despite the
indisputable financial advantages that have accrued
to Nigeria from its petroleum industry, the
exploration and production activities involved in the
extraction and transportation of crude oil have
resulted in widespread ecological and environmental
devastation in the country, particularly the Niger-
Delta region.
For numerous years, there have been thousands of
incidents involving the spillage of oil into the
environment in Nigeria.
9
There are reports that show
that in a 12 year period,
10
there were over one
thousand five hundred incidents of oil spills
documented in Nigeria.
11
Furthermore, a report made
by the Nigerian Federal Ministry of Environment, the
Nigeria Conservation Foundation, the World Wildlife
Fund UK and International Union for the
Conservation of Nature and Natural Resources
(IUCN) states that there has been at least a quantity
of oil equivalent to between nine and thirteen million
barrels (1.5 million tons) released into the Niger-
Delta eco-system. This amount of oil released is the
equivalent of fifty Exxon Valdez spills (or around
one Exxon Valdez spill per year).
12
As recently as the
11
th
of June 2023, a new oil spill was discovered