Analysis Of Civil Damages For The Oil Pollution In Nigeria

Since China has established diplomatic relation with Nigeria, the bilateraleconomic and trade activities are developing smoothly. Currently, Nigeria became ourcountry the third trade partner and the second export market in Africa. The country isrich deposits of the petroleum. It is also the most significant oil production and exportarea all over the world. We are excellent co-partners in petroleum industry. China isbeginning cooperating with Nigeria in this area, with regard to investment inpetroleum industry there knowing little. This article overviews legal problems aboutpetroleum operations spillage. At the same time, puts forwards some suggestions forpetroleum companies, maintenances and pursuits their interests in Nigeria. Oil-relatedcases are characteristic of tort action. Firstly, the author sets forth various theories ofrecovery included in lawsuits after oil spills. The primary causes of action alleged byplaintiffs suing after an oil spill contain negligence, nuisance and statutory strictliability. Plaintiffs seeking oil spill damages usually plead one or more of theseactions. These rules offer a legal remedy for plaintiffs’ ability to sue. Even if aplaintiff can invoke a particular rule of tort law, oil companies can apply a number ofstandard legal defences in court. Secondly, there is no comprehensive legislationdealing with compensation as a result of oil spills. In Nigeria, the basis for oil spillcompensation can be found in the Nigerian Constitution and a few other enactmentswhich are the Land Use Act1978, the Oil Pipelines Act and the Petroleum Drillingand Production Regulation1969. Thirdly, key ways of resolve this issue arenegotiation, arbitration and litigation. Every avenue has its positive sides and negativesides. As to oil companies, the cons of litigation far outweigh the pros. It is better tochoice settled out of court, if any. Fourthly, there are two main channels ofcompensating victims in the oil industry, either in cash or in kind. In addition, aplaintiff can seek an injunction. Fifthly, from a preliminary analysis of oil-relatedcases in Nigeria, one can distinguish at least four general legal defences: statute oflimitation, admissibility of scientific evidence, misjoinder of parties and sabotage.The defendants can employ various general legal defences, thus on behalf ofthemselves. In a nutshell, it is undertaking a big venture to make an investment in acountry far from ourselves. This paper is an attempt to give advice to make adequatecompensation, protect the environment against oil pollution, as well as ensure the oiloperators sustainable development.