Lawyer Faults Petroleum Laws Over Non-Provision of Compensation For Pollution Victims
By Emmanuel Uffot
Barrister Aniekan Mendie, a human rights lawyer and former vice chairman of the Nigerian Bar Association (NBA), Bauchi branch, has decried lack of compensatory provision for victims of oil and gas pollution in Nigeria’s law regulating operations in the sector.
Mendie, who is also a law teacher made the position in a statement he released in respect of recent leakage of gas pipeline owned by Savannah Energy, an international gas company.
He also called on the federal government to set up emergency measures to compensate victims of the gas leak in Ukanafun local government area of Akwa Ibom State.
Explaining that laws regulating the oil and gas industry in Nigeria lacked what he called “compensation focused”. The senior lawyer advocated that there is an urgent need now for the federal government to design an emergency compensation plan to rescue the people of Ukanafun suffering under excruciating oil and gas pollution.
Mendie asserted that “The oil and gas leaks are matters regulated by patches of law which amount to a bundle of legal imprecision in Nigeria.”
He added: “Victims of oil and gas pollution damage such as the ones at Ukanafun Local Government Area of Akwa Ibom State now have a legal framework that is unclear, incomprehensive and less definitive of compensation for oil and gas pollution”.
“Within the legal framework for compensation for oil pollution damage, are the Oil Pipelines Act, Petroleum Act.
“These Acts were enacted during the colonial period in Nigeria partly to protect the colonial establishment in oil trade. The Acts are outdated and afford no clear provisions for compensation for oil pollution damage in Nigeria now.
“The modern Petroleum Industry Act, 2021 is modelled from the rentier spirit of the pre-independence laws cited above.
“The Act is not definitive of compensation to be awarded in the cases of oil pollution damage.
“The optimism that PIA would address the problems of compensation for oil and gas pollution damage is fast waning.
“The Act which is the principal statute for regulation of petroleum issues, including oil and gas leaks is a piece of legislative imprecision.
“It has no procedure for assessment and computation of compensation for oil pollu totion impacted people.
“The NOSDRA Act and NESREA Act also lack definition for compensation of oil pollution damage.
“With the state of law fraught with lacunae, oil and gas pollution victims are generally helpless. The legal framework for compensation of oil and gas pollution is wobbling with technicalities and provides no strong vehicle to victims in their judicial drive towards compensation.”
Mendie also urged that a legislative action should be commenced to amend PIA to become oil pollution compensation focused.
“A standing Fund needs to be statutorily created to serve compensatory needs of oil and gas pollution victims.”
He advised that “An example of this Fund can be taken from the American Oil pollution Compensation Act, 1990 which creates a special Fund for compensation of oil pollution damage.”
In Mendie’s view, the approach he enunciated would douse the mounting tension at the Ukanafun area now enveloped by gas leaks.
