ENVIRONMENTAL CRISIS IN NIGERIAN AND THE OIL MULTI-NATIONAL CORPORATIONS’ SOCIAL RESPONSIBILITY FOR SUSTAINABLE DEVELOPMENT OF THE NIGER DELTA AREA. U.D. IKONI, ESQ. LL. B (HONS), BL, LL. M. (Lecturer) （Department of Private and Public Law,Faculty of Law, Benue State University, Makurdi.） I. Introduction The problem of environmental degradation has arisen as a result of lack of discipline in man. The Nigerian environment is therefore threatened largely by man-made disasters. Thus, according to Petters; Our inability to mitigate environmental and man-made ecological problems such as desertification, soil erosion and infertility, crop pests, deforestation, wildlife extinctions flood and deforestation, storms, water scarcity and waste disposal, arise from the fundamental problems of poverty and poor environmental management.1 There is a global belief in many parts of the world today, Nigeria inclusive, that environmental problems have reached a crisis level and have consequently constituted a dangerous threat to human survival and sustainable development. This is as a result of uncontrolled human activity which is putting significant stress on the earth’s carrying capacity thereby creating serious environmental problems. In this paper, our attempt at examining the environmental crisis in Nigeria will be limited to the activities of oil multi-national corporations. There is no doubt that oil industry supports the Nigeria economy by providing employment, foreign exchange earnings and produces materials that are essential to man, amongst others. However, it is equally clear that Oil industry has produced harmful and negative impact on the Nigerian environment. Efforts will therefore be made in this paper to examine the social responsibility of oil multinational corporations towards the preservation of the Nigerian environment, in particular, the Niger Delta areas or regions. II. The Nature and Causes of Environmental Problems in Nigeria (a) Nature of Environmental Problems in Nigeria Environmental problems identified in Nigeria has been broadly classified into: (a) Land Resources Degradation: soil infertility and erosion flood, coastal erosion, sea-level rise. (b) Renewable Resource Degradation: Desertification, deforestation, fisheries depletion and habital degradation, biodiversity loss, water hyacinth and mangrove degradation. (c) Environmental Pollution: oil pollution, sewage, vehicular emissions, municipal solid 1. Petters, S. W, Nigerian Environmental Education and Management (Calabar, University of Calabar Press, 1993) P. 126 waster, toxic and hazardous substances, industrial effluents and gas flaring.2 Dokun Oyeshola agrees substantially with the above categorization of environmental problems in Nigeria. According to him, Nigeria has witnessed environmental degradation, which consists among others, the ground and surface water contamination, air pollution which is peculiar to urban centres, water hyacinth which affects the coastal waters and in some places, water transport is grossly affected. A number of causes for this category of degradation has been identified as industrial pollution, oil industry spillage, raw sewage discharges etc3. Other areas of degradation, that is, renewable resources degradation include deforestation, fishery losses, wildlife and biodiversity losses. Some identified causes of these degradations are indiscriminate logging, improper resource management, fire wood gathering, drought, industrial pollution, oil spillage, net fishing techniques and seasonal bush fires. Land resource degradation according to Oyeshola includes gully erosion, coastal erosion and desertification. These forms of degradations are caused by improper construction techniques, poor farming techniques, overgrazing, mining activities, etc4. 2. For Details, See Petters, S. W. “Strategies For Environmental Resources Management” in Nigeria’s Ultimate Goals. The Journey So Far, Ogon – Etta, K. M. (Ed.) (Calabar, University of Calabar Press, 1997) PP. 158 - 159 3. Oyeshola, D. Essentials of Environmental issues: The World and Nigeria in Perspective, (Ibadan, Daily Graphics Publication, 1993) P. 46. 4. Ibid. P. 47. However El-Hinnawi and Hashmi have proposed the classification of environmental problems according to the nature of the damage done to human beings, as follows. (a) Direct assaults on human welfare, such as damage to health, social disruption (such as displacement of persons from their living areas) and other direct effects on the quality of life; (b) Indirect effects on human welfare through interference with services provided for society such as disruption of natural ecosystem and acceleration of erosion, etc.5 Furthermore, in the opinion of Ukpong, the main environmental problems facing Nigeria may be classified, into three of soil degradation, water contamination and deforestation. He stated further that along with these three categories are some six others that form the partial subset of these primary problems. Those six include the followings. (a) Gully erosion, (b) Fisheries loss, (c) Coastal erosion, (d) wildlife and biodiversity loss, (e) Air pollution, and (f) Water hyacrnth6. It is seen from the above that environmental problems in Nigeria may be classified according to the perceived understanding of the person doing the classification depending on the nature of degradation in question. However, irrespective of the categorization adopted in identifying environmental problems in Nigeria, it is clear that Nigerian environment, especially the Niger Delta areas, is approaching a crisis level. The recurrent problem of oil spillages, the Jesse fire disaster, deforestation, desertification, over-population, biodiversity deplation, erosion, perennial solid wastes pollution, water pollution, flooding, air pollution, global warming, salinization ,etc are common environmental problems in Nigeria. Each of these environmental problems has its root cause and specific effect on our environment depending on the place or location of its operations. 5. El-Hinnawi, K. and Hashmi, M. H., The State of the Environment: United Nations Environmental Programme (UNEP, Nairob, 1987) P. 5 6. See Uk-pong, S. J. Global and Nigerian Environmental Problems Analysis. (Calabar, Sajju Institute Press, 1994) P. 14 (b) Causes of Environmental Problems in Nigeria. The scope of this paper may not permit us to discuss in details the various causes of environmental problems in Nigeria. We shall therefore highlight by way of outline the major or basic causes of environmental problems in Nigeria. The causes of environmental problems in Nigeria may be direct and indirect. (ii) The direct causes of the environmental problems in Nigeria include but not limited to the following: 1. Improper resources management 2. Destructive logging of our forests 3. Overgrazing and over-cropping of arable lands. 4. Flooding and Wind erosion menace. 5. Raw sewage discharges into water bodies. 6. Industrial pollution of water bodies 7. Hunting and poaching of wild animals recklessly. 8. Habitat loss for fishes and animals. 9. Improper construction techniques. 10. Strip mining activities (Jos, Enugu) 11. Oil industry activities like gas flaring. 12. Oil spillage in riverine areas 13. Accident – industrial, road, etc. 14. Land degradation with pesticide and fertilizer. 15. Destruction of wetlands and marshes for development etc. (ii) The indirect causes include the following: 1. Population growth 2. Property ownership quest. 3. Lack of control enforcement measures and jurisdictional overlap which are due to unclear authority guidelines as to responsibilities. 4. Negative externalities and economic policy distortion. 5. Lack of consumption alternatives due to the logistical and supply constraints for fuels. 6. Use of inappropriate technology for farming and even for producting manufactured goods. 7. Poverty, etc7. III. Clarification of Concepts To appreciate the problems of environmental crisis in the Niger Delta area, there is need to clarify some concepts used in this paper to pave way for vivid understanding of their use in the paper. Such concepts like, environmental crisis, oil multi-national corporations, social responsibility, sustainable development, Niger delta area, etc, are explained in the remaining part of this section. In June 1992 representatives of more than 170 countries met in Rio De Janeiro at the United Nations Conference on Environment and Development to consider for the first time cooperation aimed at preserving the sources of human life for sake of our common future. Nigeria was a signatory to the Rio de Janeiro protocol. What finally jolted the world to the terrible state of our environment were the series of scientific reports about dying forests, contaminated lakes, rivers, fish stocks, polluted drinking water and air. There was also the discovery of the hole in the atmosphere’s Ozone layer, which protects human life, this fact combined with global warming have led to the conclusion that the system with which the earth protects itself are being over burdened and that they will fail if we continue as if everything was alright without embarking on abatement measures. Environmental crisis is therefore the recognition by mankind that environmental degradation may soon lead to the green house effect, unseasonably high temperature, flooding, rize in ocean levels, destruction of the ozone layer, thus leading to direct radiation with dire medical consequences of different kinds of diseases that may put an end to human existence in this world8. Most of the problems enumerated above have come about as a result of the activities of man in the quest for development in order to fulfill the basic aspirations of food, clothing, shelter, transportation and comfort. It may therefore be tempted to state that pollutions is an unavoidable consequence of industrialization. 7. For other causes see generally Ndukwe, O. U. Elements of Nigerian Environmental Laws, (Calabar, University of Calabar. Press, 2000) P. 40 8. See Adegoroye, G. Environmental Considerations in Property Design Urban Development and Renewal in Osuntokun, A. Dimensions of Environmental Problems in Nigeria (Ibadan, Davidson Press, 1997) P. 15 However, development is not synonymus with destruction and for development to be meaningful it must be sustainable. Hence the evolution of the new widely accepted concept of sustainable Development defined as “development that meets the needs of the present population without compromising the ability of future generations to meet their own”9 Furthermore, development in this regard must be compatible with and restore diversity and rely on sustainable forms of resource use. In other words, it must provide the basic necessities of life and secure living conditions for all people, promote equity, and avoid unequal exchange. For development to be total, it must foster self-reliance, empowerment and participation by the underprivileged and marginalized section of the community and above all, ensure local control over resource use. It must therefore allow for mistakes without endangering the integrity of the immediate ecosystem and resource base. In a nutshell, the principle of sustainable development makes it incumbent on governments and individuals to utilize the ecosystem and natural resources in sustainable way. It requires rational, optimal and sustainable management of the environment from a cost-benefit point of view10. The basic theme “sustainable development” means improving the quality of human life while living within the carrying capacity of supporting ecosystem. The other concept worth’s explaining is Multi-national Corporation. What is a multi-national corporation? Multi-national corporations are those economic enterprises manufacturing, extractive, service, and financial – that are headquartered in one country and that pursue business activities in one or more foreign countries11. In other words, a multi-national corporation denotes a headquarter or parent company that: 9. Ibid. 10. See Ndukwe, O. U. Op Cit. P. 76 11. See. Blake, D. H. et al, The Politics of Global Economic Relations (New Jersey, Prentice-Hall Inc. 1976). P. 80. (a) Engages in foreign production and other activities through its own affiliates located in several different countries. (b) Exercises direct control over the policies of those affiliates. (c) Strives to design and implement business strategies in production, marketing, finance, and other functions that transcend national boundaries, becoming thereby progressively more geocentric in out look 12. There are almost as many view points on the role of multi-national corporation as there are multi-national corporations themselves. For some, multi-national corporations are an overwhelmingly positive force for economic development and social change in host countries, a revolutionary force for modernity, productivity, and efficiency. For others, multi-national corporations are reactionary bastions of economic exploitation and the most salient representatives of international imperialism and political repression in the third world13. In this paper however, our discussion will be limited to the social responsibility of oil multi-national corporations within the Niger Delta region – i.e. The multi-national corporations that engages in the exploration, extraction and refining of petroleum resources. Geomorphologically, the Niger Delta is the region of Nigeria close to the southern coastline and extending there from to a point about 150 km up land and enclosing a region of mangrove swamp and vegetation within the interlocking network of rivulets and creeks emptying into the Atlantic ocean.14 The region covers a land area of about 70,000 of the Nigerian over 923, 768. Sq. Km and include the land of the Ijaws, Urhobos, Itsekiris, Isokos, Ishans, Andonis, Ogonis, Bonny, and Eket Ibibios, etc.15 12. See Root, F. R., International Trade and Investment (4th Ed.) (Oluo, South-Western Publishing Co. 1978) P. 484 – 485 for details. 13. For instance, see Reubens, E. P. (Ed). The Challenge of the New International Economic Order (Colorado – USA, West View Press, 1981) P. 147. 14. See Sunday Concord, November 15th 1998. P. 7 15. Ibid. According to Professor Telimoye, “the Niger Delta” may be defined as ”the region between Imo River in the East and Benin River in the West and covers an area of some 70,000km consisting of over 20,000km wetlands. Delta, Rivers, Bayelsa States constitute approximately 80 percent of the Niger Delta area”.16 There is need to point out have ever that the Niger Delta Development Commission included Ondo, Imo, Abia, Akwa Ibom and Cross-River States in the definition of the Niger Delta area. The Niger delta area is also rated as one of the worlds largest expanse of wetland and the third largest mangrove forest in the world. It is an ethnographic melting pot with over 25 distinct lingual groups and a population of about seven million, more than half of whom live in rural areas. It is a heterogeneores, multi-cultural, ethically diverse region.17 In terms of resources endowment, it is clearly the richest region in Nigeria, accounting for 70% of the country’s hydrocarbon resources especially crude oil and natural gas. Other natural endowments of this region include good agricultural land, excellent fisheries, extensive forest, a rich wild life as well as impressive cash crops like rubber and palm oil.18 IV Historical Perspective: The Genesis of the Crisis in the Niger Delta Areas of Nigeria The Niger Delta has assumed the centre position of Nigeria’s socio-economic problem in recent years arising from the activities of oil Multi-national Corporation. The problems are extreme and requires multi-dimensional strategies to enable the area achieve sustainable development. This is so because the cost of petroleum oil exploration, adverse effect of petroleum oil spillage, the constant gas flaring, and the confiscation of farmland to sustain the oil industry are irreplaceable. 16. See Professor Telimoye Oguara, “The Niger Delta Ecology and Socio-Economic Activities” A Lecture delivered at a symposium organized by Warri Jaycees, October 11th 1996. 17. Egbuche, U. (Mrs) Multi-national Corporations and Social Responsibility, The Guardian, Sunday July, 26th 1998. P. 17. 18. See Sunday Concord, Nov. 15th, 1998, Op. Cit. P.8 It is trite that Nigeria has been plagued by communal unrests involving the oil multi-national corporations and the oil producing communities within the Niger Delta area. At the root of these crises is the question of social responsibility of the corporations towards the development of the oil producing communities. Under Nigeria’s petroleum laws, the Federal government appropriates the right over oil and gets all revenues accruing from its production, including the determination of the prices of petroleum products.19 Going by the position of the law in the preceding paragraph, the primary responsibility of developing the oil producing area is that of the government. In other words, under the petroleum law, the oil companies do not have a legal responsibility to develop the oil producing areas. Their statutory obligations are to pay a royalty of 19 percent and a petroleum profit tax of 85 percent net of cost. Thus it was stated that ‘ours is a business and we cannot take over the responsibility of government”20. It is against this background that the crisis situation in the Niger Delta area has been building over the years, and is primarily due to poor infrasturctural development and non-responsiveness to the friction caused by constant interfaces between oil companies and host communities. While the oil companies are saying that they cannot be expected to perform government’s role of providing social amenities or infrastructures to the host communities, the host communities do not care whose responsibility it is to provide them with social amenities. As far as they are concerned, the oil companies have a responsibility to them. Thus, in the word of Cyrus Nuniah, “Government is like God and you don’t see God, but is everywhere. So, you talk to the person you see. We see shell and shell is on our land.21. 19. See S. 2 (1), S. 4 (1) and S. 6 (1) of The Petroleum Act Cap. 350 LFN. 1990 20 Emeka Achebe, GM, Environment and Relations, Shelf Petroleum Development Company in Moffat Ekori Ko, Whose Duty is it? Newswatch, December, 1995, P. 12. 21. Ibid. The implication of the above quoted statement is that to the communities in the Niger Delta area, the oil companies are agent of government. They believe that when they harass the companies, government would listen to their complaints. In other words, one would say that in the opinion of these communities, if the oil companies do not have a statutory responsibility, don’t they have a moral one to a community where they operate their business and whose land they appropriated for such activities. Here lies the genesis of the problem of the environmental degradation and the crisis in the Niger Delta region of Nigeria. V. Features of Environmental Crisis in The Niger Delta Area of Nigeria. In the last three decades, there has been an unprecedented surge in social, conflicts in the Niger Delta area, involving the oil-multi-national corporations (ONNS) and the oil producing communities. Many of the fundamental problems have been attributed to poor and weakly implemented policies, the more significant problem being the wide gap between community needs and industry’s perception of what communities should have.22 Also, most of the conflicts in the Niger delta area were engendered as a result of the degradation of the environment by the oil multi-national corporations without-payment of compensation, sometimes payment of inadequate compensation and non-responsiveness of the oil-multi-national corporations to the basic infrasturctural needs of the oil producing host communities.23 The emergence of conflicts in the Niger Delta area of Nigeria can therefore be said to be as a result of a growing consciousness about the diminishing livelihood and deteriorating infrastructure caused by a deep sense of loss and deprivation in the oil producing communities. In other words, the people of the Niger Delta area are frustrated that their land generate so much wealth, and yet they are denied even the traditional means of livelihood. The features of these conditions are communal clashes and acts of sabotage by the people. 22. Egbuche, U. Op. Cit. 23. Ndukwe, O. U. Op. Cit. P. 60 Sabotage is a willful attempt to disrupt or interrupt the production and the distribution of oil.24 It is an act of vandalism on oil installations by third parties. It has been described as a growing phenomenon devised by opportunists to claim unearned compensation25 It is an indication that frustration is boiling over. This means that they deliberately damage the pipelines in order to claim compensation from the oil companies. Thus it has been observed that: “Although there were numerically more spills that occur due to operational failures, or corrosion than due to sabotage, the volume spilled as a result of deliberate action by the communities are much larger” 26 The ultimate consequence of acts of sabotage is the oil spillage, which will in turn pollute the environment. When oil installations are destroyed and pollution occurs, then the opportunity to claim compensation arises. The people, in some exceptional cases, resort to acts of sabotage to show their disapproval for the environmental degradation resulting from petroleum activities, not just for purposes of compensation.27 Another feature of environmental crisis in the Niger Delta area of Nigeria is open conflict between the oil Multi-national corporations and the host community. The locus classicus case of the Ogonis that nearly threw the whole nation into turmoil is still fresh in our minds. Other myriads of clashes can be noted. For example, in 1998, TUG-BOATS belonging to Texaco overseas oil company (Tooc) were seized by some coastal communities in Bayelsa state, who were protesting the alleged shabby handling of and oil spill incident which occurred in the area on July 13th, 1998. Nine workers of the company, including seven expatriate staff in the boats were held hostage by the communities.28 24. See. S. I. (a) of Petroleum Production and Distribution (Anti-Sabotage) Decree, 1975. 25. Anderson, B, Environmental Issues and Management Strategies: “The Petroleum Industry and Nigerian Environment”, International Seminar, on Environment, Port-Harcourt, Nov. 18th, 1996. 26. Ibid. 27. Adewale, O. Environmental Pollution in Petroleum Industry, (1991) Justice, Vol. 2 No. 12. P. 10. 28. See The Punch Newspaper, Wenesday July 29, 1998, P. 24. The gist of the problem was that the communities are demanding direct involvement in the negotiation of compensation and proper containment of the spill. The spill, which reportedly lasted five days before containment exercise commenced, was said to have caused some damage to the coastline of sangana, Kohlama 1&2, Foropah, Ezetu fishing town, and Ekeni. About 300 fishing ports, fishing gears, ponds, wells and creeks were also said to have been affected. 29 Similarly, shell Petroleum Company has to evacuate its staff at the number creek flow stations, following the seizure of its helicopter and crew by protesting villagers 30 In addition, in November 1990, the Umuechem community embarked on a demonstration to compel shell Petroleum Company to provide them with social amenities. The subsequent invitation of the Police turned the situation sour, as several people laid down their lives for a genuine cause and a lot of properties were damaged following the conflict. For the villagers therefore, oil has become a curse rather than blessing since it was struck for nearly fourty year’s ago.31 Several other communities have also poured out their anger over these unpleasantness attitudes of the oil multi-national corporations. In Obagi, about 5,000 residents closed down the Elf facility on October 4, 1993. Barely two months after Obagi’s incident, more than 3,000 people in Brass demonstrated outside the Agip terminal. On the 4th of December 1993, a local flow station belonging to shell Petroleum Company was attacked at Nembe Creek. Other communities that have taken up arms against the oil multi-national corporations include Igbide, Irri, Uzore and Rumuo-biakanu in Port Harcourt local Government of River State. Further more, armed youths, claiming to represent an organisation called Egbema National Development Front, an ethnic Ijaw group, was recently said to have kidnapped an employee of chevron Nigerian Ltd (C N L) in Warri.32 Reacting to this development, the commandant of the National War College (N W C ), Rear Admiral Amos Adedeji stated that multi-national oil companies operating in the Niger Delta region have contributed to the extreme poverty of the people of the area. 29. Ibid. 30. Ibid 31. See Sylvester Olumhense, “The First Taste of the Pudding”, Tell Magazine, January, 1994, P. 15. 32. See Nigerian Trbune, Wenesday 30th July, 2003” He stated further that the oil companies have failed to use some of the immense financial benefits derivable from the nations’ oil production and sales to prove the standard of living of the people. He lamented that the old methods of using elders and, in some cases, traditional rulers, to influence restive youths of the region into abandoning violence had failed. In his words “the idea of the oil companies throwing money around always backfired as it did not always get to the hands of the unemployed who resorted to violence once they run out of money”33 VI. Social Responsibility of Oil Multi-national Corporations towards the Preservation of Niger Delta Environment Environmentalists, ecologists and governments all over the world are campaigning against the environmental degradation and pollution by industries, factories and other business establishments. The attempt is gearing towards changing the hitherto view of the business world from maximizing profit to minimizing the adverse environmental impact of business operations on the society, This charge of attitude is come about due to the realization that environmental responsibility makes good business sense and the non-chalet attitudes of corporate organizations affects not only the reputation of such organization but also the health of both the consumers and workers in these organizations and the larger society. The principle behind this crusade is to ask companies to reduce waste, to market safe products, to use resources prudently and to tale responsibility for past, harm done to the environment as a result of their activities. It was this fact that led to the organization of the term “eco-efficiency” which, in broader term, describe the method of production by industries and corporations wherein they produce goods and service while continuously reducing resource consumption or depletion and pollution of the environment. In consequence, it is generally believed that those business establishments that will withstand the future’s business competition will be those business that make the most and the fastest progress in improving their eco-efficiency.34 33. Ibid. 34. See. Quarrie, J. (Ed). Earth Summit ’92: The United Nations Conference on Environment and Development, Rio de Janeiro 1992 (London, The Regency Press Corp. 1992) P. 30 It is therefore pertinent to examine the corporate social responsibility and liability as they relates to environmental protection and management. (a) Corporate Social Responsibility: Corporate social responsibility of corporations or companies is anchored on the principle that a company is a legal personality distinct from the person who compose or comprise it.35 This means that there is a great divide between the company and the shareholders or members who own it. It is therefore possible for a company, in its own name and on its own account, to engage in all the ordinary transactions of the law. There is need to point out however, that, a company, though district form its members or owners does not have physical existence, no physical body or mind. It therefore carryout its activities through the members or shareholders who act as its agents. Before a company will be held liable for the acts of its agents, such agents must be the directing mind of the company to the extent that his action is seen as the very action of the company itself.36 In such a situation, the corporation is not vicariously liable for the act of its agent but such act is regarded as having been committed personally by the corporation.37 To that extent, the legal liability of the corporation would be said to be limited. As far as the responsibility of corporations towards environment is concerned, it must be noted that a company can only engage in and apply its funds for businesses, which are authorized by its objects clause in the memorandum and Articles of Association. This means that to expend the resources of a company for business, or other activities, other than for the interest or to promote the company’s prosperity is ultra vires. There is therefore, no obligation on a company to act with any sense of responsibility towards the environment, except otherwise, expressly permitted. The only safety value to this rule is the provision that allows the directors 35. See The Old English case of Salomon V. Salomon Ltd (1897) A. C. 22 36. See Lennards Carrying Co. Ltd. U. Asiatic Petroleum Co. Ltd. (1915) A. C. 705. 37. See Tesco Supermarkets Ltd U. Nattrass (1971) 2 W. L. R. 1166. of a company to engage in any business or activity, which will promote the interest of the company. Thus, where the directors act without malice by spending the company’s funds on improving the environment, the expenditure will be held to be intra vires.38 This is in line with the provisions of section 27(3) of the companies and Allied matters Act, 1990.39 According to that section. “A director shall act at all times in what he believes to be the best interest of the company as a whole so as to preserve its assets, further its business, and promote the purposes for which it was formed, and in such manner as a faithful, diligent, careful and ordinarily skilful director would act in the circumstances”.40 (b) Corporate Liability for Environmental Damage. In the preceding paragraphs, it is seen that a company is a legal personality. This means that a company can sue and be sued. That being the case, it is necessary to consider the liabilities on the part of a company for failure to live up to the expectations of the people as far as their responsibility towards environment is concerned. Liability for the acts of a company in civil matters generally full under nuisance, negligence, the Rule in Rylands V. Fletcher, 41 trespass, etc. the remedies available in this regard include damages and injunction. Generally, under the common law, corporate establishments or companies have no criminal liability for any act done towards the environment. This general principle is based on the maxim, actus non facit reum,nisi men sit rea – an act does not render one guilty unless the mind is guilty. And since a body corporate is not a physical being with body and mind, it is not capable of committing any act at all, except through its agents. Thus, Peak’s Gunston and Tee Ltd V. Ward,42 it was stated that: 38. See Rolled Steel Products (Holdings) Ltd. V. British Steel Corp. (1984) BCLC 466. 39. Cap. 59 L F N, 1990. 40. Ibid, see also S. 279 (4) & (5). 41. (1868) L. R. 3HL. 330 42. (1902) 2 K. B 1 at 11. “By the general principles of criminality, if a matter is made a criminal offence, it is essential that there should be something in the nature of mens rea and therefore, in ordinary cases, a corporation cannot be guilty of a criminal offence, nor can a master be liable criminally for an offence (committed) by his servant.” Applying this principle in strict sense, corporate bodies can never be held criminally liable since in law they are an abstraction with nobody or mind of their own. However, recognizing the damage that is being done to the environment by corporate bodies, the Nigerian Government has charged this common law position by promulgating the Harmful wastes (special criminal provision) etc Act.43 By virtue of the provisions of section 7 of the said Act; “Where a crime has been committed with the consent, connivance of or is attributable to any neglect on the part of (a) a director, manager, secretary or other similar officer of the body corporate, or (b) any other person purporting to act in the capacity of a director, manager, secretary or other similar officer, are as well as the body corporate, shall be liable to be proceeded against and punished accordingly”. The reason behind the above provisions is that a director, manager, secretary or such similar officers are regarded as superior officers who are seen as composing the very personality of the organisation. Therefore, the acts and state of mind of such officers are regarded as the acts and state of mind of the corporation. It is therefore possible today to convict a corporate establishment for criminal acts, regardless of its intent or state of mind. (c) Responsiveness of the Oil Multi-national Corporations to their Social responsibility to the Host communities. The recurrent confrontations between the oil producing communities and the oil multi-national corporations will cease or minimize if the oil multi-national corporations will discharge their social responsibility to the host communities. Realizing this fact, some of the oil multi-national corporations operating in the Niger 43. Cap. 165 LFN 1990. Delta areas of Nigeria have started responding favourably. This is in areas of health, road construction, provision of portable water, education etc. Oil multi-national corporations are responding positively through the implementation of their community assistance programmes, to the development of their host communities. In the areas of health, Mobil producing Nigeria unlimited, has at various times and ways been of assistance to the Emmanuel Hospital at Eket. There is also a Mobil Clinic in Eket, which was established by the same company. This move has gone a long way to alleviate the health lots of the people of this community44. In the area of road construction, Mobil/producing Nigeria unlimited has also contributed immensely. For example, the construction of N85 million road linking the Qua Iboe Terminal (QIT) and adjoining IBENO Villages to Eket mainland. In the same vein, Texaco overseas Nigeria petroleum company unlimited (TOPCON) has purchased twin out-board engine boats for the seven neighbouring communities around the company’s offshore operational area in Bayelsa state45. All these was aimed at reducing the transportation problems faced by the people of the oil producing area. The oil multi-national corporations have also contributed immensely to the provision of portable water to their host communities and their environs. This is one by the sinking of boreholes, refurbishing of water towers, etc. It is said that NNPC/Mobil Joint venture has sunk some boreholes at Ukpene kang.46 In the area of education and human development, the oil multi-national corporations are not lacking, either, they are contributing to the educational and human development of the people of this area by providing scholarships for the children of the people of their area of operation. The gesture of the oil multi-national corporations in contributing to the educational develop of these areas is noted thus: 44. See. Mobil Bulletin on the Celebration of 25 years of oil production in Nigeria and attainment of Two Billion Barrels (1995), P. 14 45. Alade, S. I. “Texaco Steps up Community Development” The News, April 13th 1988. P. 17. 46. Mobil Bulletin Op. cit. P.12 “ The provision of Scholarships for the indigenes of their area of operation is commendable because itwill enable the future generation of children within their operational neighbour hood to have another lease oflife after the degradation of their environment.47 This is understandable. The fact remains incontrovertible that since their means of livelihood been devastated and altered drastically by the exploration and exploitation of oil, their scope and outlook can be broadened by redirecting their strength and energy for the betterment of their future through education. Further more, in 1998, Texaco overseas Nigeria Petroleum Company Unlimited on its part has awarded scholarships to twelve youths of seven neighbouring communities around the companies offshore operational area in Bayelsa state.48 Equipping of science laboratory, building and rehabilitation of classroom blocks are other educational development ventures being performed by the oil companies in the Niger Delta area. Finally, it can been seen from the foregoing examples of the responsiveness of the oil multi-national corporations to the social needs of their host communities that, the recurrent confrontations between the oil producing communities and the oil companies has turned out to blessing after all. This is so because, the confrontations have led to be the socio-economic, educational and infrasturctural development of the Niger Delta area. As the oil industry budgets for community development is being increased annually by the oil companies, it is hoped that more developmental projects will be carried out by the oil companies in their area of operation. VII. Recommendations and Conclusion (a) Recommendations The disturbing restiveness of oil producing areas in the Niger Delta can be curbed or minimized through effective multi-dimensional strategies geared towards sustainable development projects that can create employment and economic 47. Ndukwe, O. U. Op. Cit. P. 64 48. See the News Magazine, April 13, 1988, P. 17. productivity. In the context of the oil producing areas, sustainable development implies balancing environmental needs with exploitation of natural resources and generation of employment opportunities and income for the people. In the light of the foregoing, the following measures are recommended to tackle the environmental crisis within the Niger Delta region. (i) There must be concerted efforts at encouraging the existing community Based Organizations (CBOs) within the oil producing, areas. These organizations are small units of management, which can be very effective platforms to deliver and sustain projects. In other words a serious effort should be made to build capacity of rural communities through their community Based Organizations so that they can have capacity to sustainable projects. This is because, capacity building requires involvement of communities at all levels and should not be hijacked by power brokers who do not have the best interest of the rural people at heart. (ii) A related suggestion is that, since the people of the oil producing area are rural dwellers with heterogeneous cultures, they are in the best position to determine their needs. Any project to be carried out should cut across the strata of the community the traditional chiefs, the educated elite, the unemployed youths, the very poor men and women in the grassroots – and not be putting money only in the custody of one group. (iii) Government should provide enabling laws and enforcement mechanisms to strengthen development of the oil producing areas. (iv) Agreement should be entered into between the government and the oil companies whereby granting of licenses to explore and refine crude oil will be dependent on the oil company involved embarking on a developmental project that have direct benefit to the people in the area of its operation or proposed operation. (v) As a corollary to the suggestion number (ii) above, efforts should also be made to involvement the rural communities in deciding programmes for their benefits. Such programmes should be appraised periodically to meet the needs and aspirations of the people at any given time. (vi) Although the efforts of the government and the oil companies in providing infrastructures in the oil producing areas is commendable, a return to true Federalism in Nigeria political process seems to be the only weapon that will check the increasing agonies and confrontations of both the oil producing companies and the host communities within the Niger Delta area49. (b) Conclusion: While we continue to live with the problems of air and water pollution, shortage of fresh and portable drinking water, loss of soil fertility, soil erosion, flooding, siltation, mountain of wastes and garbage in both rural and urban areas, deforestation, land degradation due to mining operations, bush fires, high incidence of diseases and the effects of global warming and climatic change, accompanied sometimes by loss of life and property, it is necessary to learn from the activities of the Niger Delta people. These people have shown interest in their environmental problem. The end result is that the government, the oil multi-national corporations, world organizations, individuals and non-governmental organizations (NGOs) have hearkened unto their calls for change of attitudes towards their environment. For instance, the Africa Environmental Action Network (EA Net-Africa), headed by Chief (Dr) Senator Jack Tilley Gyado recently set up a committee on “Grass root sustainable Development Initiatives in the Niger Delta”, to look into the problems of the people of the Niger Delta region. The committee was saddled with the task for carrying out the following: (a) To collate all environmental problems effecting the Niger Delta Area. (b) To profer practical solutions to the problem and suggest implement able strategies on the short (immediate), medium and long term scenario planning. (c) To Propose appropriate mechanism or modalities for tacking the problems so as to avoid a re-occurrence. (d) To compute the ‘cost element’ for redressing the identified problems. Finally, the question of the environment is a question of human survival. Unfortunately, environmental degradation is man made arising primarily from his activities in his quest to exploit the earth. 49. See. Professor K. M. Ogon – Etta (Ed), Nigerians Ultimate Goals; The Journey so Far (Calabar, University of Calabar, Press, 1997) P. 167. Environmental awareness in the world today has been primarily due to the fact that some of the people who make public policy have embraced the concern for environmental protection. There is therefore the need for all to embrace the abatement measures enumerated above to protect and enhance the environment of the Niger Delta area. To this end, a lot of work is required to measure and build capacity with active participation of all stakeholders working from a platform that will enable mixed donor participation, so that resources can be pooled from government, industry and all agencies. If this is done, it will place the people of the Niger Delta and by extension, the people of Nigeria on the path or course of sustainable development. BIBLIOGRAPHY 1. Adewale, O. Environmental Pollution in Petroleum Industry (1991) Justice, Vo1. 2 No. 12. P. 10. 2. Anderson, B. Environmental Issues and Management Strategies: “The Petroleum Industry and the Nigerian Environment”, International Seminar, on Environment, Port Harcourt, Nov. 18th, 1996. 3. Blake, D. K. et al, The Politics of Global Economic Relations (New Jersey, Prentice-Hall Inc. 1976). P. 80 4. El-Hinnawi, K. and Hashmi, M. H., The State of the Environment: United Nations Environmental Programme (UNEP, Nairobi, 1987) P. 5. 5. Ndukwe, O. U. Elements of Nigerian Environmental Laws, (Calabar, University of Calabar, Press, 2000) P. 40 6. Oyeshola, D. Essentials of Environmental Issues: The World and Nigeria in Perspective, (Ibadan, Daily Graphics Publication, 1993) P. 46 7. Ogon-Etta K. M. 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IKONI, ESQ. 1 序言 2 尼日利亚环境问题的特性和原由 2.1 尼日利亚环境问题的特征 2.2 尼日利亚环境问题的原由 3 阐明概念 4 过去的观点 尼日利亚尼日三角洲危机的起源 5 尼日利亚尼日三角洲环境危机的特征 6 跨国石油公司对保护尼日三角洲环境的社会责任 6.1 共同的社会责任 6.2 环境损害的共同责任 6.3 跨国石油公司对于由主人团体承担他们的社会责任的反应 7 建议和结论 7.1 建议 7.2 结论