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ABSTRACT
The research explores the potential of a regulatory oversight role for the ECOWAS aimed at driving further effectiveness of regulatory framework for transnational corporations in Nigeria, as well as ameliorating constitutional concerns that hinder effective protection for victims of environmental pollution. It reviews constitutional failures and judicial obstacles within Nigeria that hinder effective protection of victims of environmental pollution and reviews specific regulatory concerns within the Nigerian regulatory framework which require reform. It argues that constitutional and regulatory failures in Nigeria as well as the government’s attitude towards enforcing existing regulation justify the need for a regulatory oversight framework.
Specifically, this project is concerned with problems relating to persisting oil pollution in the Niger Delta region of Nigeria. It examines the implication of oil pollution on the environment, rights of local communities, the Nigerian economy and specifically the Nigerian government’s responsibilities towards preventing or remediating oil pollution. This project identifies ineffective regulation as primarily responsible for persisting oil pollution and transnational corporations as the major perpetuators of oil pollution in the Niger Delta region of Nigeria. This project is therefore concerned with interrogating existing framework for regulation of Oil Companies in Nigeria and reasons why such existing regulations are not effectively enforced, including the Nigerian government’s involvement in oil extraction and potential conflict of interest for enforcing existing regulation.
The research provides scholarly insight into challenges and consequences of ineffective regulation of TNCs in Nigeria while exploring the potential of a novel approach to addressing seemingly intractable challenges. It provides a useful contribution to identifying concerns relating to protection and promotion of human rights of local communities, regulatory framework for regulation of the oil and gas industry, and protection of the environment as well as suggestions regarding reforms in the problem areas identified.