DEL MEDIO AMBIENTE DE TRABAJO

A typical example of industry without the right technology is the ever present flaring of Gas as seen in Nigeria. The commonest is emissions whether from industries or by individuals burning trees, vehicular emissions, illegal mining and bursting of elements such as sulphur yielding to sulphuric acid improper inceneration thereby production of pungent toxic odour.

All the above examples are inimical to health and lives and are clearly crimes against the environment. On June 1, 2016 a Cable News Network (CNN) world report on Africa view contained information that 4 of the worst cities in the world for air pollution are in Nigeria; according to data released by the World Health Organization (WHO). Onitsha, Nigeria had the undignified honour if being labeled the word‘s most polluted city for air quality, when measuring small particulate matter

168 Food and Agriculture Organistion of the United Nations; Land and environmental degradation and desertification in Africa www.fao.org/3/x5318E/x5318e02.htm.

accessed 18th September 2019.

92

concentration (PMIO), the three other cities were; Kaduna, Aba and Umuahia. The report further revealed the contributing factors to be;

1. The reliance or solid fuels for cooking.

2. Reliance of generators for electricity supplies.

3. Traffic pollution from very old cars.

4. Unregulated car emissions.

Rapid economic development and Industry without the right technology.¹⁶⁹

The Three Tiers of Oil Spills

It is apt to note at this juncture that there are three tiers of spills recognized by the National Oil Spill Contingency Plan.¹⁷⁰ They are;

Tier 1: Operational type spills of volume is between 0-25 barrels to inland waters or 0-250 barrels to land or coastal/offshore waters that may occur at or near a company‘s own facility as a consequence of its activities.

Tier 2: A larger spill volume of 25-250 barrels to inland waters or 250-2500 barrels to land or coastal/offshore waters in the vicinity of a company‘s facilities.

Tier 3: This is a major spill volume greater than 250 barrels to inland water ways or above 2500 barrels to land or coastal/ offshore waters where substantial further resources will be required and support from a national (Tier 3) or international

169 Dirtied by success? Nigeria is home to city with worst

PMIOlevelshttps://edifionm.caa.com/2016/05/31/Africa/Nigeria-cities-pollution/indez.html? = https:%3A%2F%2Fwww Accessed 19^th September 2019.

170 The National Oil Spill Contingency Plan For Nigeria. (Revised 2013) Pp. 46-47

93

operative stock pile, like the Oil Spill Response Limited (OSRL), may be necessary.¹⁷¹

The essence of this distinction is to determine the kind of response to be deployed into a particular spill incidence. For a tier one spill is expected that the operator should be able to deploy its internal safety measures to contain and clean up the particular spill. For that of tier 2 spill, the response is expected to be mobilized from more than one operator in collaboration with other industries and possible government agencies on a mutual aid basis. However, where it is a tier 3 spill or a major tier 2 spill, the National Control and Response Centre shall for this purpose activate the NOSCP and through the office of the Director General of the Agency, co-opt all Government Ministries and Agencies specified in the Second Schedule to the Act.¹⁷² The Agencies and Ministries are;

1. Nigerian Institute of Oceanography and Marine Research.

2. The Federal Ministry of Works.

3. The Federal Ministry of Health.

4. The Federal Ministry of Transport.

5. The Federal Ministry of Information.

6. The Federal Ministry of Water Resources and the Federal Ministry of Agriculture and Rural Development.

7. The Ministry of Communications.

8. The Federal Ministry of Aviation (NIMET).

9. The National Emergency Management Agency.

171 Ibid

172 The Second Schedule to the NOSDRA Act 2006 is usually linked to Section 19(1), (2) and also Section 7 (g) (ii).

94

10. The Oil Producers Trade Section/Lagos Chamber of Commerce (OPTS).

11. Ministry of Science and Technology.

12. Ministry of Defence.

13. The Nigerian Police Force.¹⁷³

It must be stated that each of these Ministries and Agencies of the Federal Government are expected to play specific roles in the management of such a massive spill in the event there is one. For example, the Nigerian Institute of Oceanography and Marine Research would be expected to give crucial technical assistance with data on oil spill trajectory for spillages in brackish and ocean waters and also monitor the extent of impact in the coastal and marine environment. The Ministry of Defence is expected to inter alia deploy its expertise in evacuating victims or stranded residents to designated area and render assistance to distressed vessels. The OPTS is expected to provide the operational and ESI maps¹⁷⁴ of the areas affected or likely to be affected by an oil spill.

In 2013, a drill exercise was carried out by the Agency in Port Harcourt. The NOSCP was activated and the response readiness of almost all stakeholders in the industry was tested. The Director-General of NOSDRA Sir Peter Idabor, said the exercise was in collaboration with Shell Nigeria, adding that the essence of the drill was to x-ray the effectiveness of collaboration by stakeholders. He added that the stakeholders in

173 Ibid.

174 ESI: Environmental Sensitivity Map.

95

the spill situation include the Army, Navy, Customs and all parties that need to be called up in the case of oil spill.¹⁷⁵

At this juncture it is apt to state that Section 18 of the NOSDRA Act provides for establishment of a National Control and Response Centre. The Centre is expected to act as a report processing and response co-ordinating centre for all oil spillage incidents in Nigeria. The Centre is to receive reports of oil spillages from the zonal offices and control units of the Agency. They are also saddled with ensuring compliance monitoring of all existing legislation on environmental control, surveillance for oil spill detection monitoring and coordinate responses required in plan activation.

Section 19 of the NOSDRA Act 2006 saddles the Agency with a further set of responsibilities in the management of oil spillages in the country especially as it relates to major or disastrous oil spills. The summary of these functions are¹⁷⁶:

1. In collaboration with other Agencies co-opt, undertake and supervise, all those provisions as set out in the Second Schedule to the NOSDRA Act.

2. Assess the extent of damage to the ecology by matching conditions following the spill against what existed before (reference baseline data and Environmental Sensitivity Index maps).

175 http://www.dailytrust.com.ng/daily/index.php/environment/11975-nosdra-activates-2013-national-oil-spill-contingency-plan#RGb7bvh6dVTpuTu7.99.

Published 11^th Dec, 2013. Accessed 19^th September 2019.

176 It is worthy to note that these sets of functions provided for in section 19 of the Act were the functions being referred to in Section 7(g)I of the Act. Section 7(g)I provides that the National Control and Response Centre shall for the purposes of a Tier 3 Oil Spill response, undertake such functions as specified under section 20 of this Act, .. It ought to be Section 19 of the Act and not Section 20.

96

3. Undertake a post spill impact assessment to determine the extent and intensity of damage and long term effects;

4. Advise the Federal and State Governments on possible effects on the health of the people and ensure that appropriate remedial action is taken for the restoration and compensation of the environment.

5. Assist in mediating between the affected communities and the oil spiller.

6. Monitor the response effort during an emergency, with a view to ensuring full compliance with existing legislation on such matters;

7. Assess any damage caused by an oil spillage.

8. Expeditiously process and grant approval for any request made to it by an oil spiller for the use of approved dispersant or the application of any other technology considered vital in ameliorating the effect of an oil spill.

9. Advise and guide the response efforts as to ensure the protection of highly sensitive areas, habitats and the salvation of endangered or threatened wild life.

10. Monitor the clean-up operations to ensure full rehabilitation of the area.

In a bid to discharge these functions effectively the Agency deemed it fit to make specific regulations to address issues touching on oil spill recovery, clean-up, remediation, damage assessment and oily waste management.¹⁷⁷

Section 19(3) of The NOSDRA Act mandates the Agency to co-operate with an oil spiller in the determination of appropriate measures to prevent excessive damage to the environment and communities. They are also mandated to mobilize internal resources and also assist to obtain any outside human and financial resources that

177 Oil Spill Recovery, Clean-up, Remediation and Damage Assessment Regulations 2011 s1, No. 25 and Oil Spill and Oily Waste Management Regulations, 2011 s1 No.

26.

97

may be required to combat any oil spill and also assist with the assessment of damage caused by an oil spillage.