Addressing the Defects in the Legal Frameworks on Toxic Materials Pollution from Oil Exploitation in Nigeria

Abstract

The Koko toxic waste dump incident of 1988 jolted the Nigerian government to the reality of the
effects of toxic materials on human health and the environment. Prior to 1988, the government of
Nigeria had no legal and policy framework on environmental protection and environmental matters
were not constitutionally provided. The absence of constitutional provision on environmental
matters and a legal framework on environmental protection paved way for the Koko toxic waste
dump incident and incessant pollution of the oil endowed communities with toxic materials from
oil exploitation activities. The repeat of Koko toxic waste incident in 2017 and records of constant
pollution of the environment with flared gas and oil spills have shown the ineffectiveness of the
extant legal framework on hazardous waste. This has led to loss of lives and means of livelihoods
and has resulted in conflicts, agitations, insecurity, and resort to self-help in the oil endowed States
of Nigeria. The objective of this research, therefore, is to address the defects in the legal
framework on toxic materials and oil exploitation in Nigeria, with a view to identify areas for
reform. The findings shows that the absence of an effective sanction regime for corporate entities,
the absence of effective institutional and administrative frameworks are the defects in the extant
legal frameworks and the major reason for the continued pollution of the environment of the oil
endowed states with toxic materials from gas flaring, oil spillage and sludge from exploitation
activities. It also finds that reliance on the extant legal framework for protection of the environment
from pollution from toxic materials is inadequate in terms of the country meeting the targets of the
African Agenda 2063, Sustainable Development Goals, and the commitments in the Paris
Agreement. The research recommends the reform of the Harmful Waste Special (Criminal)
Provisions Act to include effective sanction regime for corporate entities and enforcement
mechanisms that will promote environmental justice in Nigeria.