STATUTORY CONTROL OF OIL POLLUTION IN NIGERIA: THE NEW PETROLEUM INDUSTRY ACT REGIME

Abstract

Pollution has posed a great danger to mankind in the world today and by virtue measures are taken to control the disposal of wastes to preserve the sanitation of the environment making it conducive for people to inhabit in. The 1999 Constitution have vested upon the National Assembly the power to make laws for the peace, order and good government of the Federation. The National Assembly possesses Concurrent Legislative power in respect of items specified under the Concurrent Legislative, by virtue, residual matters are vested upon the National Assembly. Pursuant to these provisions various legislations dealing with environment have been enacted. This position is further enhanced by Section 20 of the Constitution which provides for the protection and improvement of the environment and safeguards the water air and land, forest and wild life in Nigeria. Therefore, there is a fundamental mission upon the state to create legislation that will protect and sustain a sanitary environment in the state. The aim of this paper is to examine the existing laws on Pollution control and the current Petroleum Industry Act, 2021 to see if the new regime has assisted in reducing the incidences of pollution.