EXPLORING THE EFFICACY OF AN ADMINISTRATIVE INSTITUTION WITH ARBITRATION POWERS IN RESOLVING NIGERIA`S OIL POLLUTION DAMAGE COMPENSATION CONUNDRUM

Abstract

The widespread discontent among Nigeria`s oil-producing communities, leading to persistent unrest and agitation fuelled by inadequate and delayed compensation for oil pollution damage, highlights significant shortcomings in the country`s legal framework for addressing such issues. This study adopts a multi-method research design, incorporating both traditional legal analysis (doctrinal method) and socio-legal research techniques (non-doctrinal method) to investigate the effectiveness of compensation for oil pollution damage in Nigeria. For the doctrinal aspect, the study relies on information which include relevant international laws, conventions and treaties, local legislation, past and extant Nigeria`s Constitution, case law, textbooks, academic publications, law reports, encyclopedias, law dictionaries and newspaper publications. For the non-doctrinal method of legal research, the study uses questionnaire survey as a versatile tool to gather useful and appropriate data/information on the effectiveness of energy industry compensation in some selected oil-producing communities of Bayelsa and Rivers States. The paper, therefore, suggests the development of a legal system of compensation for oil pollution damage that is based on the enactment of comprehensive law for compensation for oil pollution damage and establishment of an independent regulatory institution with powers of arbitration, and its own rules of procedure, that will facilitate prompt, adequate and fair resolution of matters of compensation for oil pollution damage.