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ABSTRACT
Oil pollution is the introduction by man, directly or indirectly, of any hydrocarbon material, especially crude oil and refined product into the environment to the extent that it is detrimental to the environment or beyond an acceptable limit. Oil pollution occurs as a result of oil spillage and gas flaring which result from the Petroleum exploration activities of oil corporations. Right from the year 1956 when oil was discovered in commercial quantity in Oloibiri in the present Bayelsa State, the Niger Delta Region of Nigeria have witnessedtales of oil pollution in virtually all the States in the Niger Delta Region where crude oil is been extracted leading to the degradation of the environment and causing untold hardship to the people. Unfortunately even the environment is not spared. This research examines the legal and Institutional framework for the control of oil pollution in Nigeria and findings shows that there are laws enacted over the years to control and regulate oil pollution.The research adopted the doctrinal research method. This method was adopted in other for the researcher to annex and put together all the work that have been done on the topic and related issues by various legal writers so that a holistic understanding of the subjectmatter can be gotten. The research thus identifies some challenges that have made it difficult to control or regulate oil pollution in Nigeria to include, constitutional challenges, legal challenges, as well as judicial challenges. After a critical review of the existing laws that regulates the oil and gas sector of the Nigeria economy, it was seen that although there are laws that control oil pollution, these laws needs to be amended in other to fully curb and address the menace of oil pollution. The research thus recommends that, there should be an amendment of Section 20 of the Constitution of the Federal Republic of Nigeria, 1999, amendment of Sections 44 (3) and 251 of the Constitution of the Federal Republic of Nigeria, 1999, Removal of Section 257 (2) from the Petroleum Industry Act, 2021, Amendment of Section 240 of the PIA, 2021, and that the Nigerian Courts like in most advance jurisdiction should be proactive in developing new precedenceby setting new rules which will enhance environmental protection amongst others. The adoption of Strict Liability and the need for implementation of the various legal frameworks on oil pollution control in Nigeria were also recommended as a way forward to finding solution to the problems of oil pollution in Nigeria. The research concludes that amendments to the Nigerian laws and judicial activism will go a long way to change the tide to an oil pollution free environment in Nigeria.
