1

2

WHAT IS THE POTENTIAL FOR

ECOLOGICAL

MODERNIZATION OF THE OIL

INDUSTRY IN THE NIGER

DELTA

By

Ndukari Abadi Rufus

A thesis submitted to the

University of Bedfordshire, in

partial fulfilment for the

degree of Masters of Science

June 2014

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TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................... 3

TABLE OF TABLES .................................................................................................................................... 4

ACKNOWLEDGEMENTS ........................................................................................................................... 5

ABSTRACT ................................................................................................................................................ 6

CHAPTER ONE ......................................................................................................................................... 7

INTRODUCTION ................................................................................................................................... 7

1.1 History of Oil Exploitation in Nigeria ............................................................................................. 7

1.2 Consequences of spillages ...................................................................................................... 9

1.3 Ecological Modernization ............................................................................................................ 10

CHAPTER TWO ...................................................................................................................................... 12

2.1 ECOLOGICAL MODERNIZATION AND DEVELOPING COUNTRIES IN AFRICA ......... 12

2.2 DIFFERENT COUNTRIES IN THE USE OF ECOLOGICAL MODERNIZATION ............. 13

CHAPTER THREE .................................................................................................................................... 16

3.1 Why is there pollution in the Niger Delta? ................................................................................ 16

3.2 Who are the big players involved and what their impact is? ................................................. 16

3.3 Is ecological modernization the best way to improve the situation? .................................... 17

3.4 Should ecological modernization be done only in countries that control the citizens? ..... 18

CHAPTER FOUR ..................................................................................................................................... 19

4.0 The Potential for Ecological Modernization in the Niger Delta ............................................. 19

4.1 Applicability of Ecological Modernization to tackle Environmental problems in the Niger

Delta ..................................................................................................................................................... 19

4.2 Strengths of Ecological Modernization Application in the Niger Delta ................................ 21

The following discussed sub-sections could be regarded as areas of strength which

encourages the adoption of Ecological Modernization in the Niger Delta. ................................ 21

4.2.1 Ecological modernization could tackle problems of the Niger Delta ............................ 21

4.2.2 Availability of institutional framework ................................................................................ 22

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4.2.3 The major oil pollution culprits operate in the Niger Delta ............................................. 25

4.2.4 Capitalist approach to penalties, likely to compel conformance ................................... 25

4.2.5 Media and environmental right action ............................................................................... 26

4.3 Weaknesses of Ecological Modernization Application in the Niger Delta ........................... 26

4.3.1 Weak Legal system ................................................................................................................... 26

4.3.2 Inadequate Research and Development facilities to support EM ................................. 27

4.3.3 Corruption/Lack of Transparency ...................................................................................... 27

4.4 Opportunities of Ecological modernization in the Niger Delta .............................................. 27

4.5 The role of oil companies in the Area ....................................................................................... 28

CHAPTER FIVE ....................................................................................................................................... 31

5.0 CONCLUSION ............................................................................................................................. 31

6.0 REFERENCES .................................................................................................................................... 34

TABLE OF TABLES

Table 1: Niger Delta at a glance ............................................................................................. 7

Table 2:The stakeholders in the Niger Delta ......................................................................... 20

Table 3:Regulatory Agencies and their duties ...................................................................... 23

Table 4: Ongoing environmental projects in the Niger Delta executed by World Bank/IFC .. 31

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ACKNOWLEDGEMENTS

First and foremost I must give all glory to Almighty God for giving me the grace,

strength and wisdom to write this dissertation. I also want to thank my Head of

Department Professor Prasad Sreenivasaprasad for putting time and effort into

developing me as a scientist. I also want to thank my wonderful Supervisor Dr

Nicholas Worsfold for accepting me as his project student, guiding my progress and

supporting my ideals over the last few months. It was a lovely time spent with both of

them. The knowledge you imparted on me can never be forgotten.

I would specially thank Victor Pepple for sharing great ideas with me, who supported

me during the good and the bad time of my academics, May God bless you more

Amen.

Thanks to my Father Chief Rufus Abadi Osiri for believing in me that I can achieve

more than what I think of. I just want to say thank you so much and I promise to

make you proud as a son.

Thanks to my Mother, Grace Amos for your motherly support and prayers every day.

To my lovely sister Ndutimi, I will never forget your encouragements. To Hadassah,

the love of my life, you stood by me with your constant prayers, love and advice. To

Barr Timi Woko, Ebi Eleke, Eunice Yokori, Ada, Job, Barr Dickson, Barr Karl Max,

Cletus & Pius Duru, Manu, and others too numerous to mention. I can never forget

your unfailing support throughout my studies

Thanks to Evang Foster Ogola, Mr Andrew for giving me the privilege to further my

education. To Mr Enemo Ayabowie, May God bless you because you set up the

pace for me to advance my career.

Not forgetting my wonderful Church Mountain of Fire and Miracle Ministries Luton

branch, I can never forget your constant teaching and prayers. To Pastor Mathew

you taught me well, Bro Pius you brought up my spiritual life from zero to maximum,

Bro Layo, your support financially was something I could not explained, Sis Jessica,

you are just too amazing to be with, to Sis Blessing, your advise that I will not forget,

Sis Lisa, I can never forget your endless support to me and finally to Bro Dipo (GO),

you are just too good to be with.

Finally, Daddy, I should say THIS IS FOR YOU

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ABSTRACT

Since the discovery of oil in Oloibiri Bayelsa state, southern Nigeria in 1956, the oil

and gas industry has been the mainstay of the Nigerian economy. Ever since,

extensive crude oil exploration has led to environmental pollution that has rendered

the Niger Delta an ecological disaster. Means of livelihood have been destroyed and

arable land for cultivation polluted. Hence social vices amongst the vulnerable local

populace has become the order of the day, progressing from militant agitations for

social justice and economic emancipation to a prevailing predominant occurrence of

pipeline vandalization, bunkering and crude oil theft-a subtle deterioration, further

plunging the Niger Delta into a compounded state of environmental degradation.

Based on the aforementioned premise, the research was conducted to ascertain the

potentials of ecological modernization as an environmental and sustainable

development reform policy. The concept was questioned from several perspectives

and schools of thought to establish reasonable justifications and adaptability of the

frameworks to tackle the problem of widespread oil pollution in the Niger Delta.

The approach adopted in the study was secondary research into literature- journal

articles, news reports, company reports, environmental science journals and other

independent sources of knowledge which explored different facets of ecological

modernization. These sources were systematically and critically reviewed in order to

draw independent deductions from primary sources.

Findings revealed that the concept of ecological modernization, though originating

from the European continent, has great potentials and suitable areas that could be

tailored to address the socio-economic and environmental challenges of the Niger

Delta, especially in the area of oil pollution control and management.

Not only does this research add to the body of knowledge on adaptations from the

concept of ecological modernization from an environmental management point of

view. It also presents key resourceful information for the government authorities and

multinational oil companies operating in Nigeria to review and act on accordingly.

The roles of key stakeholders were explored to compel greater sense of

responsibility and decisive course of action.

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CHAPTER ONE

INTRODUCTION

1.1 History of Oil Exploitation in Nigeria

Niger Delta is one of the largest wetland in the world which consist most of the

Nigeria biodiversity. It generates more than 80 percent of the country’s income from

crude oil sale; it has a lot of mangroves, lowland rainforest and swamps. In addition

to this, the Niger Delta consist of various ecological zones like sandy, coastal ridge

barrier, saline mangroves, fresh water, forest, lowland rain forest, and permanent

and seasonal swamps.

The table below shows basic information about the Niger Delta.

Table 1: Niger Delta at a glance

9 States 185 LGAs

South-South Zone: Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Rivers Extended Niger Delta includes: Abia, Imo, and Ondo—all oil producing states

Population 32 million (22% of total Nigerian population), 2/3 under 30 years of age

Population density

265 people per km²; 13, 329 settlements, 94% with < 5,000 Population

Ethnic groups/languages

40 main ethnic groups; around 120 mutually unintelligible languages and dialects

Land area 112,000 km² of land area is oil affected; core delta is 75,000 km²

Ecological zones Coastal barrier sandy ridge; mangrove swamp; freshwater swamp; lowland rainforest

Natural Resources

Petroleum, natural gas, tin, lead, coal, zinc, arable land

Livelihoods Agriculture and fishing (48%); trading (17%); services (10%); Education/health (7%)

Social/Economic Indicators

Infant mortality rate

120 per thousand (Nigeria: 100 per thousand)

Unemployment Estimated youth unemployment (ages 15–24): 40% Official average for the South-South: 24% (2006)

Poverty 43% in relative poverty (2004); 75% perceive themselves as “poor”

Water 76 to 80% in rural areas and 50 to 55% in urban areas do not have access to safe drinking water

Energy Firewood is the primary energy source for 73% 34% of population has access to electric power, when available

Oil and gas production

Crude oil About 2.3 mbpd (including condensate); 3.2 mbpd installed

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production, mid-2011

capacity; supplies 95% of Nigeria’s export earnings and 80% of federal government revenue.On average, 25% of production was shut in due to violence or sabotage (2006–2009), at times up to 65%. Production fell from2.6 mbpd in February 2006 to 1.3 mbpd in May 2009, during a major clash between combatants and the military before the Amnesty.

Main international operators and principal Nigerian companies; all have onshore operations except ExxonMobil

Shell (Shell Petroleum Development Company, Nigeria, Ltd); Chevron (Chevron Nigeria, Ltd.); ExxonMobil (Mobil Producing Unlimited); Eni (Nigerian Agip Oil Company); Total (Elf) (Total E&PNigeria Limited, formerly EPNL)

Main terminals/offshore platforms

Bonny Island (Shell), Brass River (Eni/Agip), Escravos (Chevron),Forcados (Shell), Kwa Iboe platform (Mobil), Odudu platform (Total),Pennington (Chevron), etc.

Oil reserves 36 billion barrels—11th in the world, 2nd in Africa; estimated reserve life of 41 years

Natural gas reserves

187 trillion cubic feet—7th largest gas reserves in the world

Oil/gas pipelines & fields

Over 7,000 km of pipelines; 606 oil fields

Gas plants/LNG 30; NLNG Plant with 6 trains; 2 LNG plants in construction in Brass and Olokola

Environment 1958–2010: est. 546 million gallons spilled; av. 300 spills or nearly10.8 million/year 1986—2003: 50,000 acres of mangrove forest disappeared Q1 2010: 32% of associated gas flared (127 bcf)

Source: Adapted from Paul et al., 2011

Since 2000, the functional definition of the Niger Delta has comprised the 9 oil

producing states in the south-south and south-eastern geo-political zones of the

country: Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo, and Rivers,

with an area of 112,000 km2. The human population of this zone, at 32 million,

exceeds that of all but five Sub-Saharan African countries (Paul et al., 2011).

The region is traversed and crisscrossed by many rivers, streams, rivulets, and

creeks and by twenty estuaries (Ifedi and Anyu, 2011). Following the discovery of

crude oil in 1956 and the subsequent commercial exploitation in 1958, Nigeria has

the second largest crude oil reserve and is the major oil producer in the African

continent (Paul et al, 2011; KPMG, 2014). Its 37.2 billion barrels of oil is currently the

tenth largest crude oil reserve in the world. Within the period of discovery till date,

the issue of oil spillage has been lingering and is constantly an environmental issue

discussed amongst scholars, industry operators and the media.

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1.2 Consequences of spillages

Though there are possibilities that oil spills might have occurred back then, during

the early days of commercial oil production by Shell British Petroleum, available

records from the Nigerian National Petroleum Corporation’s Department of

Petroleum Resources has it that the first recorded incidence of oil spillage was in

1976 (Nwilo and Badejo, 2005; Ebohin, 2012). This involved about 128 cases

recorded within the year. Subsequently, alarming records bring into deep thoughts,

the rhetoric on whether the Nigeria black gold (crude oil) was rather a curse than a

blessing. Oil pollution appears to be the hallmark of every oil and gas operator in the

Niger Delta area of Nigeria. Between 1976 and 2005, about 9,107 number of oil

spills involving 3,121,909.80 barrels of spilled oil have been recorded (Ebohin, 2012

and Environmental Rights Action, 2012).

The National Oil Spill Detection and Response Agency (NOSDRA) in Nigeria have it

that a good number of oil spill cases is yet to receive clean-up attention. As of 2012,

3400 oil spills in the last four years are yet to receive attention. Oil-watch Africa and

Friends of the Earth Nigeria, a civil right media coalition for Environmental protection

in Nigeria opined that Mangrove communities especially within Rivers and Bayelsa

States of the Niger Delta Area in Nigeria are often the worst hit by oil pollution. In

2011, oil spills from Nigeria Agip Oil Company hit Okiengbiri community, a swamp

settlement in Olodiama Clan in Southern Ijaw Local Government Area of Bayelsa

state. This destroyed the entire source of livelihood of the over 40,000 locals who

depend on the oil polluted rivers for fishing activities from which income is made

(Ojo, 2014).

Countless similar occasions have been recurrent in which farmlands, source of water

for drinking, fishing, and recreation are completely devastated. The aftermath of air-

borne pollution from oil spill sites causes other health challenges like respiratory

diseases, bronchitis, skin disorders, miscarriages and still births in pregnant women

(Ibeanu, 2008). The United Nations Environmental Programme (UNEP) report on

the environmental assessment of Ogoni-land oil spill by Shell over twenty years ago

presents compelling empirical evidence for the need for ecological modernization of

the oil industry in the Niger Delta. The report revealed scientific tests from 4,000

samples from different locations, including those from 142 groundwater wells drilled

for that purpose. Results showed widespread hydrocarbon pollution of both surface

and ground water; containing benzene up to 900times above standards set by the

World Health Organization (WHO). This was 1000times above the standards set by

the Nigerian government.

It was also noted that these communities around that location can easily suffer great

environmental issues like flooding, ocean encroachment, man-made disaster (oil

spills and leaks) and diverse form of pollution. This is because they are located along

the coastal areas (Ifedi and Anyu, 2011). The oil spillage has greatly affected

biodiversity in terms of fishing, agricultural and the habitats which has facade a great

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danger to the economic and political stability. It can be capable of causing long-

standing ecological malfunctioning and poor environmental well being. For example,

pollutions of rivers through oil spillage could result in massive extinction of fishes and

thus threaten the social and economic life of the communities whose livelihood

depends on the polluted water. In fact, arable farmlands have been lost to oil

pollution as sizable farmlands in the Niger-Delta Region have been rendered

unproductive due to oil spillage and leakages. Even when bioremediation takes

place some chemicals like pesticides render the soil infertile for agricultural purpose

and damage crops and marine life (Iwejingi, 2013). It has also affected the region

more by damaging fragile mangrove forest, threatening rare species including

primates, fish, turtles and birds, destroying the livelihoods of the 20 million people

living there, reducing the fertility of the soil and poor health status which has reduced

life expectancy now estimated at 41 years in the Niger Delta. This means that it has

acute and long term effects on human health. (Igwe and Adekola, 2012; Brisibe and

Ordinioha, 2013)

1.3 Ecological Modernization

Ecological modernization is thus a developing paradigm amongst environmentalists

and social scientists today. It is increasingly gaining popularity and relevance due to

the carbon footprints of man’s activities on the planet being evidenced in global and

national environmental challenges of industrialization and pollution. Ecological

modernization is the integration of conceptual thoughts and considerations from

environmental and social perspectives, to formulate policy frameworks aimed at

addressing the needs of a given institution in attempts to propose solutions to

sustainable development which regulates a balance between people, the

environment and the economy (Gibbs, 1998).

Regarding the origin of ecological modernization, several authors point in the same direction and have suggested that its inception dates back to the 1980s when pressures emerged to make manufacturing processes in parts of North Western Europe more environmentally friendly (Simonis, 1989; Spaargaren and Mol, 1992; Hajer, 1995). Ecological modernization theories argue that movements towards environmentalism hold benefits that far outweigh mere focus on capitalism. Despite the correlation between ecological modernization and climate change (Bailey et al., 2011), many critics in the early 1990s (Mol and Spaargaren, 1993; Spaargaren, 1996; Mol, 1995; Cohen, 1997) argued that ecological modernization practices were nascent at the time and formulated ambitious policies which stated obvious problems but did not offer enough structures to drive acceptability as a solution to the problems of the environment (Mol, 1997; Buttel, 2000; Mol 2002 and). Regardless of allusions that early ecological modernization frameworks such as the treadmill of production and the growth machine were some form of political response to radical environmentalism, Buttel (2000) notes that the concept is an optimistic analytical discourse and proposition of strategic policies, which has now gained

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wider acceptance due to the results witnessed in North America and Western Europe. Bonds and Downey (2012) challenged one basic underlying assumption of ecological modernization that commercial exploitation of ecologically efficient technologies will be universally beneficial. They opposed this assumption with counter-arguments that green technologies could result in serious human right violations citing examples of government driven green technology exploitation framework within the automobile industry. Their report claimed that the approach to green commodities (catalytic converters, biofuels and hybrid cars) places unequal ecological exchange in which developed countries exploit green options to their advantage through outsourcing of raw materials from exploitation of the natural resources of other underdeveloped nations- which could be done through environmentally degrading approaches. This position concurred with other findings (Jorgenson 2006; Jorgenson and Clark, 2009). As such, ecological modernization of one society’s problems could leave a toll on some other society. Furthermore, arguments of Schainberg (1980) criticized the fact that the treadmill of

production- an ecological modernization framework, did not primarily develop from

pre-established social theoretical thoughts which were centred on influential theories

of state functions in exercising economic controls. Hence early policies were seen to

be eco-centric.

Ecological modernization principles and theories could be adapted to respond to existing and emergent environmental sustainability problems. Murphy and Gouldson, 2000; Gouldson et al., 2008; Mol et al., 2009; and Wattanapinyo and Mol, 2013 adapted ecological modernization as a reform framework to mitigate the problem of environmental pollution from the fast growing food processing industry in Thailand. Similarly, studies (Bailey et al., 2011) examined different facets of ecological modernization with specific focus on carbon governance schemes to cut down on emissions. Hence, the malignant oil spillage in the Niger Delta could be brought under control through examining suitable frameworks, considering the prevailing condition of the ecological health of the Nigerian State. Aims and Objectives

The basic objective of this research is to carry out critical and extensive review of

various literatures sources to ascertain the potentials of ecological modernization as

an environmental and sustainable development reform policy.

The concept of ecological modernization is to be examined from several

perspectives and schools of thought to establish reasonable justifications and

adaptability of the framework to tackle the problem of widespread oil pollution in the

Niger Delta.

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CHAPTER TWO

2.1 ECOLOGICAL MODERNIZATION AND DEVELOPING COUNTRIES IN AFRICA

A comprehensive examination of ecological modernization efforts in developing

countries in Africa looks at specific case studies of application of environmental

policies to shape sustainable economic development.

Oelofse et al., (2006) studied the practice of ecological modernization in South

Africa. In their findings, techno-centric approaches to environmentalism were

criticized as a major weakness to implementation and practice of ecological

modernization policies in reforming the construction sector. Though South Africa, like

most other African developing countries, have seen the necessity to embrace

sustainable practices in their quest for development, the extent to which policies are

implemented tends to be marred by number of factors; lack of political will and moral

rectitude of policy-making institutions responsible for driving the modernization

framework. Moreover the lack of infrastructural support to manage ecological

modernization schemes remains a lingering challenge to be handled.

Furthermore, ecological modernization efforts in developing countries take up direct

transfer of approaches that have been successful in developed countries (Resh,

2006). Whereas this could be sharing of best practice, developing countries need to

understand that environmental challenges and pollution tolerance levels differ in

focus from various regions depending on prevalence rate of country-unique

problems. Hence, developing countries wanting to catch up with developed western

counterparts in the shortest possible time set the downfall of ecological

modernization frameworks from the outset. This further weakens the thorough

conceptualization, adaptation and implementation of robust environmental

management practices to combat the high levels of pollution in developing

economies. As such, the socio-economic rationale for responsible development

needs to be prioritized and adapted to the unique needs of most African countries.

In Nigeria, for example, the concern with ecological degradation of the Niger Delta

owing to recurrent oil spillage from oil exploration activities in the area should compel

the formulation and implementation of responsible environmental policies to focus on

solving problems in that area. Whereas, for South Africa, the ecological impact of the

huge mining and solid mineral industry amidst the need for wholesome work labour

practices are challenges that could be potentially tackled with a robust sustainable

policy framework to protect the solid mineral mining industry.

Though global climate change is a far more reaching issue for the world today, it

virtually focuses on advance problems of highly industrialized and developed

countries of the world. Though African continents have climate change concerns to

put up with, more pressing is the problem of ground and surface water pollution.

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Widespread poverty and further impoverishment of the source of livelihood-and

environmental resources which are the common wealth of the people goes

unabated. Hence changing the status quo through reforms seen by socialist school

of thought as a compelled radical innovation process within the context of developing

nations, remains a rational decision vested in the government to enforce.

Various scholars have proposed approaches to managing the environment.

However, mainstream environmental management approach of ecological

modernization was those proposed by Fischer (2003) and Dryzek (1997). The latter

advocated that the environment needs to be transformed and managed to improve

human life while the former presented an instrumentalist approach with

rationalization that the environment is at the receiving end of man’s activities. Hence,

technical and institutional solutions should be explored. As such, the mainstream

approaches to ecological modernization are witnessed through government’s

establishment of legislations and policy regulatory institutions to coordinate

sustainable economic development.

Resh (2006) showcased the application of ecological modernization in reforming

water quality management to safeguard availability of water for natural uses in

developing countries of West Africa. The study reported river treatment and

monitoring schemes which helped to control river blindness through insecticide

application to water-bodies to control the causative organism- aquatic stages of

black fly vector which was rife in rivers traversing some West African countries

between 1974 and 2002.

Some problems were noticed as being setbacks to the environmental assessment of

pollution in developing countries. These included inadequate training of personnel for

operation and maintenance of test equipments and the replication of findings (Resh,

2006).

2.2 DIFFERENT COUNTRIES IN THE USE OF ECOLOGICAL MODERNIZATION

The ideal of ecological modernization was initially conceived by a German scholar named Joseph Huber in early 1980s while most works were carried out by social scientist from the North European countries. The main purpose of the ideal was to inspire rigorous technological innovation capable of achieving extremely ambitious improvements in environmental conservation. His belief was that this will bring a new phase of human civilization in such a way that industrial pollution will become less in the environment thereby setting epoch-making events called design flaws. Germany and the Netherlands have achieved a weak form of ecological modernization over the past decade due to lack of good technologies, poor sustainable methods. They are not consistent with ecological modernizations opinions and this should be an issue of making great performance based on slim environmental criteria. Rather let there be a full implementation and integration of environmental consideration in the process plan (Cohen, 2000; Cohen, 2006). The Germans have suffered some environmental disasters like environmental degradation, floods, droughts, the

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overuse of land and air pollution. An example is the production of contagion drug which causes birth defect when taken by pregnant women and the overuse of resources. The Germans used global environmental policy, orientation about the biodiversity, political cooperation and ecological modernization as tools of sustainable development (Dryzek et al., 2003; Brand, 2010). Although the strategies based their assumptions almost immediately proved to be incompetent of solving the environmental problems they were supposed to deal with. Instead, they resulted in problem dislocation, across time and space, rather than problem solving. Nevertheless it should be seen as balance between environmental pollution control and economic growth and development (Langhelle, 2000). Ecological modernization, has till date, been one of the best practices in Europe and Japan. United States, by contrast, have little leaning or unanimous consensus for this policy approach. Ecological modernization is neither part of US policy dialogue nor have they suggested the pursuit of this ecological modernization. USA is one of the world’s industrialized nations in the world today to fully appreciate the significance of the change being created by growing environmental concerns. Even the more ambiguous aims of sustainable development have not taken root in the United States (Brulle, 2000). The issue of sustainable development has had practically no major impact on the operations of the US federal government. It may not be seen that the term itself has failed to catch on, but also that core values associated with the idea, particularly the global justice aspect have failed to gain even formal political acceptance. At the national level, US environmental policy remains largely cold in the conservationist, regulation/compliance, industry versus- environmentalists, and pollution clean-up patterns that took shape either prior to or during the 1970s (Dunlap and Mertig,1992; Cohen, 2006). Since ecological modernization is not taken very serious in the country policymaking bodies, most American environmental movement due to their anxiety of legislative and legalistic matters has also failed to develop good interest. However the US was more interested in conservation, preservation, and wildlife management because the vast majority (93%) of these diverse groups are rooted in landscape and wildlife protection while 7% of all environmental organizations in the United States comprises groups are dedicated to reform environmentalism, environmental justice, and anti-pollution (Dowie, 1995; Cohen, 2006). For example American motor-manufacturers began to install catalytic converters on their fleets in the 1970s in reaction to increasingly protective environmental laws. Due to the expectations of ecological modernization (EM) theory and its confidence regarding “green” technology, the environmental benefits in the U.S. were momentous. Catalytic converters installed in automotive exhaust systems have reduced the amount of hydrocarbons, carbon-monoxide, and nitrogen-oxide (a smog-forming pollutant) each car emits by up to 90% compared to 1970 levels. This has greatly helped US and the European world that depend on transportation. (McCarthy and Tom, 2007; Bond and Downey, 2012) In South Africa and Russia the environmental consequences of platinum mining have been cruel for local communities. In the Limpopo region of South Africa, the construction of platinum mines evacuated local people from their farms and grazing

15

land, destroying their means of livelihood and income by eliminating their access to land over which they claimed historic ownership. The platinum mines have also contaminated rivers and wells used by locals for drinking water (Curtis, 2007; Mathews, 2008; Bond and Downey, 2012). The extractions of platinum group metals in Russia are also extremely destructive to the environment. The majority of the world’s palladium, along with a great deal of the world’s nickel is mined in a city called Norilsk, which is located in Siberia above the Arctic Circle. Norilsk is considered one of the most polluted places in the world and the single largest source of acid-rain pollution. An estimated 1.9 million tons of sulphur dioxide, a toxic pollutant, poured out of Norilsk’s smelters every year as a result of its concentration and nickel smelting, more than that produced by the entire nation. Moreover, four million tons of heavy metals which are chemically toxic to humans are released into the air each year. Perhaps not surprisingly, it is reported that Norilsk is surrounded by an 18 to 30-mile “dead zone”, where trees can no longer survive (Feinstein and Charles, 2005; Walsh 2007; Bond and Downey, 2012). Much heavy metal has been released into the air by Norilsk Nickel in the sixty years it has mined and processed concentration and nickel that entrepreneurs are now mining soot deposited from the smelters to collect valuable, but also chemically toxic, heavy metals. In addition, the South African and Russian states managed the violence through the use of human rights in order to facilitate the mining. Generally speaking, ecological modernization brought about improved technologies but may disproportionately benefit people in core nations. This conventional approach relies on science and technology and addresses problems of efficiency rather than need. It has also determined and conquered the range of tools used to impel sustainability. New approaches which address social and environmental justice and which are embedded in South African policy and legislation, are beginning to emerge. These more critical approaches are particularly important and relevant to the contexts of the developing world, where typical approaches are unsuitable and undemocratic (Scott and Oelofse, 2005; Oelofse et al., 2006). Basically the UK government has a critical issue with climate change which is seen as wicked environmental problem. This puts the UK economy under pressure, although scientist have not really proven that climate change is happening but the social response says that scientist cannot prove what the problem is, how to respond and the consequences universal in their nature. It has been noted by Stern (2006) that the costs of battling climate change are both quite affordable and much lower than the damages thereafter. This has also changed the political scenery by making it economically possible and carefully necessary to act on climate change. The issue of ecological modernization in UK is seen as spatially contingent. The reason is that it is based on values and assumption about institutional capacity that is seen by many to be unique to northern Europe. Also, developed countries’ attempts at EM frequently serve to transfer the problems to industrialized and third world countries. The UK government used a means called the political drivers to make good policies on terms of trading to Europe and global market offsets (Bailey et al., 2010).

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CHAPTER THREE

3.1 Why is there pollution in the Niger Delta?

The Niger Delta area of Nigeria is host to major oil and gas exploration activities in

the West Atlantic Gulf of Guinea. The entire 22.5 billion barrel proven oil reserve,

770 million barrel on condensate and 180 trillion cubic feet of natural gas reserve

seats in the Niger Delta Basin alone (Haack, 2000). Hence it is an exploration focus

region for most multinational oil companies who come in to do business in the area.

Moreover, the poor enforcement of regulatory provisions which should protect the

environment from being incessantly violated makes pollution to continue unabated.

In most cases gas flared is charged meagre fines which are not deterrent enough for

violators. Hence the Niger Delta suffers the socio-economic and environmental

injustice meted on it by poor regulation of the oil and activities going on in the area.

During oil and gas exploration, a lot of value chain activities take place from the

drilling and completion of wells to crude oil production and subsequent surface

processing into derivatives. All of these activities combine to pollute the air, water

bodies, and land around oilfield locations. The environment could be polluted directly

from overflowing wells, crude oil pipeline discharges- whether operational discharge

or accidental discharge due to failing equipment component or as a result of rupture

of corroded crude oil pipelines- sometimes vandalized by saboteurs and crude oil

theft. The environmental peculiarity of the Niger Delta region which is predominantly

mangrove swamps, riverside area with plenty of interconnected creeks, meanders,

and tributaries allow the fast spread of oil spills from offshore and swamp oilfield

operations. Also during the fractionation process to separate crude oil into

derivatives, associated gas which cannot be contained is discharged into the

atmosphere. A lot of atmospheric toxic discharge of acidic residue gases such as

carbon monoxide, carbon dioxide, hydrogen sulphide and other hydrocarbon gases

persist in the Niger Delta till date (Mustapha et al., 2011).

3.2 Who are the big players involved and what their impact is?

The Royal Dutch shell is the largest oil and gas operator in Nigeria. In the Joint

Venture arrangement, the Nigerian government owns 60% stakes while Shell has 40

% stakes in operations and profit-sharing from crude oil exploitation which is the

main foreign exchange earner for the country ((Milieudefensie, 2006). They are the

biggest culprit of oil pollution in the Niger Delta. The oil polluted Ogoniland remains

evidence to this. UNEP reports on the Ogoniland oil spill studies puts it that

magnitude of pollution will take about 30 years to clean up at an estimated cost of 1

billion dollars. A report has it that Shell Nigeria had an average of 250 oil spills each

year between 1997 and 2006 alone. The cause of oil spill pollution from Shell has

17

been largely linked in recent times to pipeline vandalisation, aging and corroded flow

lines, wellheads, manifolds, and trunk line equipment. (Milieudefensie, 2006)

Other major operators in Nigeria’s oilfield acreages include America’s ExxonMobil,

Chevron, France’s Total and Italy’s Eni Corporation. These combined operators have

nearly totally ruined the ecological balance of the Niger Delta. ExxonMobil whose

operations are predominantly offshore Akwa Ibom State axis of the Niger Delta have

been involved in major oil spillages which devastated coastline communities in

Ibeno. In most cases quantity of barrels spilled are not fully disclosed. Chevron

offshore rig went up on fire leading to massive uncontrolled oil spillage affecting

coastal communities in Bayelsa State. Similar offshore spills have continued in

riverside areas of Ondo state as well. Total’s onshore exploration in

Ogba/Egbema/Ndoni local government areas of Rivers state in recent times led to

the gas bubble up surface in Obagi community. This devastated farmlands and

means of economic livelihood of the rural populace (Paul et al, 2011).

In most of the ensuing cases resulting from oil pollution, the existing environmental

protection laws end up in lengthy court cases which are vulnerable to corrupt

manipulation of justice. As such, some oil spill sites are left unattended to, further

causing more harm to the environment. When polluting companies decide to do

anything about pollution however, they resort into another round of setting up the

local community in conflict with each other over money paid as compensation for oil

polluted sites. Instead of swiftly tackling oil spills with an immediate cleanup

operation followed by environmental remediation and restoration of polluted sites, oil

polluting companies instigate ‘divide and rule’ strategy of settling key community

stakeholders with monetary compensation. Hence, the means of economic livelihood

of the rural populace is taken away and the poor are left to suffer untold hardship.

With little or no option of what else to do, youths in such oil polluted communities

take into all forms of social vices in order to survive. The social angle to oil pollution

is hallmarked with violent protests, youths taking up arms, crude oil theft, oil

bunkering, pipeline vandalisation, local crude oil refining down inside the swamps

and creeks of the Niger Delta- further polluting the area. Hence a complex web of

negative social, economic and environmental crisis play out due to oil pollution in the

Niger Delta (Nwilo and Badejo, 2005)

3.3 Is ecological modernization the best way to improve the situation?

Ecological modernization tailors environmental solutions to social and economic

problems which have direct bearing on the environment. Man’s activities can be

regulated within legal frameworks. Hence when it comes to oil spill pollution control

in the Niger Delta, one must bring to mind Olduvai Gorge’s theory which says man

has gone from the cradle to the moon with technology and is now coming back to the

cradle- the Stone Age (Duncan, 2001). In essence, man needs to do something to

regulate his environment as earth is man’s only home and man will continue to

18

remain at the receiving end of the impact of his activities on earth. For instance,

when oil spill pollutes cultivated soil, the plants on it get poisoned, man starves.

Polluted water table results in lack of portable water, polluted rivers result in he

fishes dying off or man taking in subtle dose of toxins from eating crude oil polluted

contaminated food.

Ecological modernization could be leveraged to address the management of oil

spillage in the Niger Delta. This is because the process of it involves considerations

and integration of stakeholder perspectives of all factors affected during oil spillage.

Not only can it be implemented as a policy driver to compel operational integrity,

corporate social and fiscal responsibility amongst oil companies doing business in

the area. It would also strengthen weak existing environmental protection laws. A

synergy of policies will go a long way to deter environmental pollution offenders from

carrying on with minor penalties which hitherto made business sense for them to opt

paying a paltry fine instead of taking full responsibility for their actions.

Environmental conservation could involve ecological restoration fund, robust

research and development institutions being built and empowered to act

independently in leading environmental improvement initiatives. (UNDP, 2006)

3.4 Should ecological modernization be done only in countries that control the citizens?

Communist countries like China have in recent times implemented environmental

policies aimed at regulating its high population which indirectly translates into more

environmental pollution problems it has to deal with. Whilst ecological modernization

has been operational here, it presents a learning opportunity for other countries to

co-opt. Mol and Carter (2006) and Zhang et al., (2010) explored ecological

modernization efforts in China. The findings present results which could be

replicated elsewhere in the world. Though some tweaking will be required to tailor

provisions of ecological protection frameworks to priorities of specific countries, the

underlying principles are the same. New environmental initiatives instituted in China

brought societal needs with economic/industrial growth together to foster new

ecological laws, programs, instruments and institution to enforce closure of

notoriously polluting factories. These were ultimately aimed at having energy

intensive and low carbon economy (Mol, 2011). Thus a lot of reuse and recycle

schemes at cutting down use of natural resources were put in place.

19

CHAPTER FOUR

4.0 The Potential for Ecological Modernization in the Niger Delta

The preceding chapters have established the underlying principles of ecological

modernization as being a socio economic modelling of workable frameworks to

tackle the problem of environmental pollution and sustainable development. This

was evidenced by the works of (Pepper 1998; Mol and Sonnenfeld 2000; Mol, 2001

Buttel, 2003; Mol et al., 2009).

Hence, the applicability of ecological modernization is herein explored with focus on

its strengths, weaknesses, and opportunities. The role multinational oil and gas

companies could play in support of ecological modernization is also examined in

order to foster synergy in the move towards a sustainable Niger Delta.

4.1 Applicability of Ecological Modernization to tackle Environmental problems in the Niger Delta

Various scholarly arguments have been made on the adaptation of ecological

modernization to tackle the environmental challenges of nations. Redclift and

Woodgate (1997) viewed ecological modernization as the idea of matching economic

growth with environmental protection. As such, they argued that industrialization has

to be compatible with ecology, striving to attain a balance. Hajer (1995) came up with

the construct that the policy driven aspect of the concept of ecological modernization

has a lot of political undertone. However, this could serve to dilute the message of

environmental conservation. And such may hinder the effective implementation of

solid environmental reforms. Nevertheless, proponents of environmentalism counter-

argue that Hajer’s construct was going off the ideals of ecological modernization

which essentially needs to be driven effectively by governmental policy structures.

Environmental modernization encompasses strategic environmental management,

environmental modelling, industrial ecology, and environmental policy innovation to

minimize pollution and waste (Mol and Spaargaren, 2000; Buttel, 2003). These are

not far from the environmental and sustainable development challenges of the Niger

Delta. Though the concept of ecological modernization originated from Europe, with

it currently being leveraged to tackle more advanced socio-economic problems

peculiar to the western society, developing countries can also adopt most aspects of

ecological modernization to address unwholesome environmental practices whilst

the quest for industrial growth continues.

The notion that ecological modernizations were rather European and could not be

valid for direct application in developing nations (Pepper, 1998) is defeated in the

light of current ecological challenges facing the Niger Delta. Though a valid

argument could be held for the fact that there is not enough infrastructural support at

20

the moment that would encourage implementation of ecological modernization

frameworks when policy makers in charge of regulating the national economy have

more compelling facts, the will to take decisive action is strengthened (Weidner,

2002). Also, environmental governance which is a critical discourse in ecological

modernization emphasizes the role of states in mediating environmental degradation

(Davidson and Frickel, 2004). This buttresses the point that the concept is workable

in the Niger Delta.

Given the web of interaction between stakeholder interests within the Niger Delta,

potentials abound for synergetic efforts towards expediting environmental reforms in

the area.

The table below shows the different stakeholders in the Niger Delta.

Table 2: The stakeholders in the Niger Delta

Federal Government

Collects taxes, royalties, and equity income from the oil companies and decides on their distribution among the federal, state, and local governments.

State and Local Government

There are nine oil producing Niger Delta states which receive 13% of the revenues from the oil and gas which they produce, along with the constitutional monthly allocation given to all 36 Nigerian states. The significant increase in revenues flowing into these states and their local government areas has not translated into continuous development. Given the high stakes of holding public office, a number of local politicians have been charged with rigging elections in order to win, thereafter misappropriating funds. To restore confidence in the oil producing communities, seven states have formed specific organizations to channel oil revenue funds for their development

Regional Development Institution

The Niger Delta Development Commission (NDDC, 2000) is funded by both public and industry sources to plan and implement projects for the region. The Ministry of Niger Delta Affairs (MNDA, 2008) have a mandate to execute major regional infrastructure projects and sustain programs for youth. In general, regional organizations have shown average performance due in part to poor planning, pitiable focus on results, deficient in terms of transparency and under-funding.

International Oil Companies

Majority of the international oil companies (IOCs) operate in the region. Nearly all actively contribute to the NDDC and directly fund development in local communities as a way of acquiring a social license to operate within the region. Increasingly, the development projects are applying best practice development strategies and are being undertaken in corporation with international donors, NGOs, and government institutions at various levels. At times, IOC community projects have been weighed down by inadequate planning and co-ordination and poor regional security.

Resistant Ever since the 1990s, a variety of resistance and armed groups have

21

and Armed Group

emerged, a number joining together in 2005 under the umbrella Movement for the Emancipation of the Niger Delta (MEND). Typically they pursue a dual agenda, one a political struggle against grievances of resource control and development neglect, the other violent tactics to further profits from oil theft or other illicit trade. Many “militants” justify violence as a response to the perceived injustice of not benefiting from their own resources while suffering the negative consequences of industry activity. They often demand greater local control, more transparent management of oil revenues, and adequate compensation to those affected by oil extraction. A number of groups have taken advantage of the situation to operate as criminal gangs that engage in petty crime and kidnapping for ransom. The various groups and networks are very diverse, ranging from criminal Gangs to non-violent advocacy groups, and they do not fit easily into fixed categories. In October 2009 more than 20,000 ex-combatants accepted Amnesty from the government and have been participating in a program of disarmament, demobilization, reorientation, and reintegration (DDRR)that will continue until 2015

Communities The people in the Niger Delta feel politically disenfranchised and deprived in contrast to the rest of Nigeria. Been frustrated that they cannot legitimately benefit from the oil resources, and they often distrust leaders who purport to negotiate on their behalf. Conflict occurs both among and within communities over access to benefits from government and companies. Being selected as a “host community” to an oil facility comes with benefits, but historically this practice has exacerbated jealousy and fighting among communities and has also led to disputes over “oil” boundaries. Surveys show that communities welcome contributions of assistance but prefer to be in charge of planning and managing their own development.

Source: Adapted from Paul et al., 2011

4.2 Strengths of Ecological Modernization Application in the Niger Delta

The following discussed sub-sections could be regarded as areas of strength which encourages the adoption of Ecological Modernization in the Niger Delta.

4.2.1 Ecological modernization could tackle problems of the Niger Delta

According to foundational studies of Mol and Sonnenfeld (2000) Mol (2000) Buttel

(2003) Mol et al., (2009), the ideas generated by these environmental social

theorists, presents ecological modernization as a growing concept though currently

underdeveloped and explored. It is a viable concept in environmental social science

with scope for applications in tackling sustainable development challenges.

Sieppel (2000) explored the strengths and weaknesses of ecological modernization

as a theoretical concept. The report opined that a key strength of the concept is the

opportunity of modelling unique typologies focused on solving prevailing

environmental problems. Hence, taking a clue from ecological frameworks

22

operational in the Scandinavians, Vail (2008) presented a success case from which

lessons could be drawn into the case of the Niger Delta. The environmental

modernization movement often comes as reforms and enactment of laws to correct

existing anomalies in the area of poor conservation of natural resources exits.

The focal problem of oil pollution in the Niger Delta is one in which regulatory

agencies (Nigerian Content Monitoring Board (NCMB), Federal Ministry of

Environment (FME), Petroleum Inspectorate, National Oil Spill Detection and

Response Agency (NOSDRA), Joint Authority, National Environmental Standards

and Regulations Enforcement Agency (NESREA), Minister of Petroleum Resources,

Ministry of Petroleum Resources, Department Of Petroleum Resources

(DPR),Department of Gas Resources (DGR), Nigerian National Petroleum

Corporation (NNPC) in charge lack the willpower to drive enforcement. Hence legal

backing and environmental law reforms could be advanced to empower relevant

authorities to deal decisively with oil pollution offenders (Ajayi et al, 2013). In

addition, the bundle of ties between economic marginalization, social injustice, oil

pollution and insecurity in the Niger Delta could also be addressed through judicious

implementation of ecological modernization. Findings of Ikelegbe, (2005) reveal that

the heart of the agitation for sustainable reform of devastated local communities in

the Niger Delta has multi-faceted ties which social environmental theories serve to

address.

4.2.2 Availability of institutional framework

The principles of ecological modernization propose that to ensure effectiveness of

green objectives, there is the significant need for policy drivers whose role cannot be

over emphasized (Watts, 2004). Hence, availability of institutional bodies to

spearhead the administration, monitoring and control of sustainable environmental

programmes would encourage the deployment of the concept.

Institutions that could potentially be co-opted for this purpose include the Department

of Petroleum Resources (DPR), National Oil Spill Detection and Response Agency

(NOSDRA), and the Niger Delta Development Commission (NDDC) (Ajayi et al,

2013). These are existent bodies created by the government in response to the

quest for environmental and sustainable development. Though they may not have

performed up to the expectations of the government, they serve a ready support to

be revamped and used for this purpose. More so, institutions like the NDDC are

closer to the grass root populace who are at the front end of suffering the hardships

arising from pollution of source common wealth. As such, the institutions are well

positioned with first contact, knowledge, and experience on what goes on in the

area. So NDDC could mediate and co-ordinate joint environmental responsibility

actions to rescue the situation.

The table below gives a summary of existing regulatory agencies in the Niger Delta.

23

Table 3:Regulatory Agencies and their duties

REGULATORY AGENCIES

Minister of Petroleum Resources

DUTIES/ RESPONSIBILITIES

The Minister exercises primary

supervisory oversight over the petroleum

industry and is responsible for the

formulation, implementation and co-

ordination of government policy for the

industry

Ministry of Petroleum Resources The Ministry is the government

department with oversight over the

petroleum industry. The powers

conferred on the Ministry are exercised

through the Minister.

Department Of Petroleum Resources

(DPR)

The DPR is a department within the

Ministry of Petroleum Resources. The

DPR is the technical arm of the Ministry

and ensures compliance with industry

regulations, processes applications for

licences, leases and permits, and

establishes and enforces environmental

regulations. It is also responsible for

supervising all petroleum industry

operations carried out under licences and

leases in Nigeria to ensure compliance

with the applicable laws and regulations

in line with good oil producing practices.

The DPR has primary responsibility for

the enforcement of safety and

environmental standards in the oil and

gas industry. In addition to the DPR,

there are other government agencies at

the Federal and state levels with

supervisory oversight over matters of

health, safety and the environment in the

oil and gas industry

Department of Gas Resources (DGR) The DGR was established under the

24

Nigerian National Petroleum Corporation

(NNPC)

National Gas Supply and Pricing

Regulations and is expected to ensure

the availability of gas supply to the

domestic market.

The NNPC is the vehicle through which

the FGN participates in the Petroleum

Industry. The NNPC engages in all

commercial activities relating to the

petroleum industry and enforces all

regulatory measures relating to the

general control of the petroleum industry

through its Petroleum Inspectorate

department.

Nigerian Content Monitoring Board

(NCMB).

Responsible for supervising, co-

ordinating, monitoring and managing the

development of Nigerian content in the

Nigerian oil and gas sector in accordance

with the requirements and prescriptions

of the NCDA.

Federal Ministry of Environment (FME). Responsible for administering

environmental impact assessments

(EIAs) relating to public and private

projects, including oil and gas projects

Petroleum Inspectorate. Operating as a department within the

Nigerian National Petroleum Corporation

(NNPC), the inspectorate is responsible

for issuing permits and licences for

activities connected with petroleum

exploration and exploitation.

National Oil Spill Detection and

Response Agency (NOSDRA)

Responsible for preparing, detecting and

responding to oil spillages.

25

Joint Authority Established by the treaty between

Nigeria and Sao Tome and Principe on

the joint development of petroleum and

other resources in the exclusive

economic zones of both countries, it is

responsible for managing activities

relating to the exploration and

exploitation of petroleum resources.

Source: Adapted from Paul et al, 2011

4.2.3 The major oil pollution culprits operate in the Niger Delta

The fact that the Niger Delta plays host to oil exploration which pollutes the

environment, is a strong reason to reach out easily to the culprits and compel them

into taking responsible actions to restore ecosystem balance. Most of the oil

companies have their operational base in the area. Their crude oil pipelines cross

the length and breadth of the area, thus they have a lot of vested interests and

stakes in the Niger Delta.

Imposition of stiffer penalties and sanctions on pollution will drive corporate

commitment to the objectives of ecological modernization. Inability of the

government to actively engage the efforts and commitment of companies operating

in the area had been a major reason for the continued procrastination of a precise

course of action on the issue of ecological degradation in the area (Odia and

Omofonmwan, 2009). Hence, having the pollution culprits in close proximity to the

impact of their activities will compel and strengthen environmental responsibility

initiatives on their part.

4.2.4 Capitalist approach to penalties, likely to compel conformance

At present, there are no enforced penalties for oil pollution in Nigeria, except those

granted by a court of competent jurisdiction as compensation for victims whose

livelihood had been destroyed. This is however, contrary to the environmental liability

provisions of the international oil pollution liability convention (Mason, 2002). Hence,

restructuring the environmental legal systems to allow the application of various

weights of sanction on oil pollution from companies, who cause oil spillages as a

result of operational negligence of crude oil operators, can be explored in ecological

modernization (Frynas, 2005). The inclusion of stiff penalties though arguably

should be done in some areas.

26

4.2.5 Media and environmental right action

The practice of democracy and freedom of information rights in Nigeria, serves to

strengthen media and civil rights war against modern day labour slavery, oil pollution

culprits (Aminu et al., 2011; Segun, 2012). So far as democratic structures do

permit, corporate unwholesome practices could be exposed by media and

environmental rights agents. Such actions will compel polluting companies to be

more vigilant and avoid having their reputation damaged.

4.3 Weaknesses of Ecological Modernization Application in the Niger Delta

Weak legal system.

Inadequate Research and Development institutions to support active research

into better environmental solutions to existing problems.

Corruption/lack of transparency of government and accountability in follow-up

to compliance processes.

4.3.1 Weak Legal system

Weak Policy instrument is identified as the major setback to a successful

implementation of ecological modernization in the Niger Delta. Studies of (Okafor,

2011) reviewed the limiting factors to sustainability and environmental law practice in

the Niger Delta. It was revealed that the key driving infrastructure to aid the plans for

holistic environmental management programmes were at the moment in poor state.

When available, facilities are either inadequate or there’s no manpower trained to

efficiently utilize equipments and carry out environmental procedures effectively.

More so, maintenance of policy support infrastructure soon becomes a challenge,

thus constituting a threat to continuity.

Oil spills typically migrate through trajectories, polluting far more extended

boundaries than could be imagined. Pipeline right of way has its own conventions

that support minor spills along approved pathways. Scientific knowledge and

discourse contribute immensely to the expedition of justice in environmental law

(Mickwitz, 2003). The spread of oil spill pollutants can sometimes be complex to

sufficiently estimate (UNEP, 2011; Nwankwo and Emujakporue, 2012). Hence,

dispensing justice in highly controversial instances requires advanced legal systems

with investigative support mechanisms to prove claims (Okafor, 2011).

To implement intense ecological reforms, there needs to be a well grounded legal

system to adjudicate in matters arising (Okafor, 2011; Watt, 2004). Thus, it could be

a difficult situation to quickly establish justice in disputed operational pollution cases

where the judicial system is ill equipped. As such, weak policy instrument in the area

of legal support for the implementation and achievement of the ideals of

environmental modernization could be seen as a weakness to the initiative.

27

4.3.2 Inadequate Research and Development facilities to support EM

Furthermore, lack of adequate research and development institutions to support

active research into better environmental solutions to existing problems could

weaken the extent to which environmental innovation can be attained. There need to

be a formulation of creative approaches to tackling the environmental challenges of

the Niger Delta, whilst maintaining the economic life-line of the country. These come

by continues commitment to focused research.

4.3.3 Corruption/Lack of Transparency

Again, the scourge of corruption which has eaten deep into the Nigerian society

could also pose a weakness to the effective implementation of strategic plans. For

environmental reform programmes to yield positive results, it needs to be conducted

by agencies with transparency, accountability, and probity as a strict code of

conduct. The Federal Government of Nigeria made laws that were not favourable to

the oil producing states because they are minority, theses laws were made by the

majority ethnic groups. Below are some of the oppressive laws made in the periods

of 1969-1999.

The Petroleum Decree (No. 51) of 1969, which expropriated all petroleum

resources from the oil producing States and placed them under the control of

the Federal Government.

The Offshore Oil Revenue Decree (No.9) 1971 through which all the minerals

in the continental shelves were expropriated by the Federal Government.

The Land Use Act, 1978-transferred ownership of land from the Communities

to the State Governors, without compensation.

It has also been noted that these legislation are not effective in protecting the

communities when issues of compensation for oil spillage pits them against

the greatly powerful multinational oil companies (Ntido, unkown).

4.4 Opportunities of Ecological modernization in the Niger Delta

Ecological modernization is a concept that could be deployed in a variety of ways.

Industrial symbiosis (Christoff, 1996), green manufacturing from environmentally

friendly source materials to recyclable end products (Braungart and McDounough,

2002), and the emergence of an egalitarian and environmental conscious

society/societal reorientation, are some areas of opportunity to accelerate

development in the Niger Delta.

Environmental governance will raise the standard on waste reduction, natural

resource conservation and powerful government institutions involved with

environmental reform schemes (Socolow, 1994; Spaargaren et al., 2000; Watts,

2004). Environmental management policies could be developed to constrain rapid

28

support of infrastructural development in the building of research institutions,

strengthening of existing once to expedite compliance, thus the greater likelihood of

coming up with environmental and institutional innovations.

Moreover, there will be accelerated economic growth, job creation and

empowerment of the teeming youth population which has been a part of the remote

cause of environmental degradation through oil spill from vandalized pipelines and

aftermath violence resulting from destruction of sources of livelihood (Ojo, 2014)

Established government institutions driving the environmental reforms can also serve

to bring about the much desired peace in the Niger Delta, thus bringing to the barest

minimum, the criminality that has taken over the earlier struggle for economic

emancipation, and cleaner and healthier Niger Delta. Nevertheless, where ecological

modernization yield desired results, it would become classic example and a learning

resource centre for the world.

4.5 The role of oil companies in the Area

Adherence to environmental standards

Co-operation from companies is required in the maintaining of long-term

commitment to continuous adherence to environment standard practices in

the conduct of day to day oil and gas operations in the area (Ibeanu, 2000;

Nwilo and Badejo, 2005). Companies have to ensure best practice in

environmental management and sustainable development, responding swiftly

to contain oil spillage and prevent it from spreading from localized site of

occurrence into farmlands and water bodies. When oil spills occur, instead of

trading blames and passing excuses, companies involved should be made to

deploy their clean-up technology as quickly as possible. Companies in the

area should be made to sign a performance bond to secure their commitment

to Federal and State governments.

Co-funding of ecological modernization initiatives

Companies operating in the Niger Delta need to do more in restitution for the

years of marginalization. Taking the same position with environmental human

rights protection organizations, the major oil and gas operators should be

mandated by law in reform frameworks, to contribute significantly to the co-

funding of strategic environmental management programmes and sustainable

investment (Frynas, 2001). This should be done complementarily to statutory

government funding so as to merge efforts in sponsoring major capital

intensive transformational projects. As might be necessary, training gaps in

manpower requirements to drive the ecological reform programme could be

supplemented by oil companies in the area.

29

Compensate for Losses

Monetary compensation for environmentally polluted site has been

discouraged by experts (Ibeanu, 2000; Douglas, 2003; Duruigbo, 2004) owing

to the tendencies of manipulations and hijacking of the process that result in

anarchy between local communities and stakeholders, Hence, in very serious

cases of large scale destruction from pollution, it is more advisable that

polluting companies be made to restore as much as possible the polluted site

and liaise with relevant stakeholders on general courses of compensation to

be given to the generality of the affected populace.

Avoid politicking with environmental sustainability

The practice of subtle indulgence in politicking is detrimental to the dictates of

sustainable development. Companies operating in the Niger Delta need to

face environmentally responsible actions objectively, avoiding ‘divide and rule’

tactics which ends up complicating and compromising the successful

implementation of environmental responsibility. (Douglas and Okonta, 2003)

Practical Involvement in Host Communities

The oil companies must commence a direct involvement in the affairs of the

host communities. This should not be seen as interference in the internal

affairs of the communities but rather a close monitoring of events and

developments with a vision of identifying and forestalling potential conflicts. It

is far easier and less expensive to avert a crisis than to solve one. They must

constantly play the role of the neutral arbiter. Taking of sides in any dispute

should not be encouraged, as this will definitely escalate the situation.

Agreement reached with one party cannot guarantee a wider peace. And an

agreement reflecting a compromise is much easier to maintain and enforce.

Adding to the fact that the NDDC Decree has made it obligatory for all oil and

gas companies operating in the Niger Delta to contribute three percent of their

annual budget to the NDDC, NDDC should make the oil companies conscious

of their role as stakeholders in the region. There must be a rehabilitated

interest in the development of the area. (Hamilton, 2011)

Company Sponsored Community Development

Successful community improvement programs can help ensure an attractive

business climate that fosters smooth operation, can create a reasonable

advantage when dealing with host countries, and can help meet mutual goals

of good citizenship. When there is support through community development it

may also create a competitive advantage for oil and gas companies. For

example, the New York Times reports that “when Amoco started drilling for oil

in Angola a few years ago, Exxon and Chevron had already landed some of

30

the richest oil fields and could easily outbid their smaller rival for others.

Lately, though Amoco has been the successful bidder on several oil tracts.

Why? The company, which is now BP Amoco, realized that the Angolan

government torn by the civil war was ready to favour any company that was

also willing to assist with social projects”.(Omeje, 2005; Hamilton, 2011; Ntido,

unknown)

31

CHAPTER FIVE

5.0 CONCLUSION

Based on findings from the research, one could agree no less that posterity will bring

to question the rationale of having ecological modernization as a potentially viable

way forward for tackling the problem of environmental sustainable development in

the Niger Delta and not exploiting it.

Though the concept is still fairly growing in popularity, it has been successfully

exploited amongst western pioneers like Germany, Norway, Sweden, and the United

Kingdom. The adaption of the concept has proven workable in a number of

developing countries facing the pressures of balancing rapid economic growth with

responsible environmental and resource usage.

South Africa indicated a classic success case of the implementation of ecological

modernization. It adapted the principles of the concept to draw up reform frameworks

to manage its unique socio economic and environmental challenge of unwholesome

mining operations. Thus the idea is reinforced that appropriate adaptations to the

context and key challenges facing any given society are the major driver for the

effectiveness of ecological modernization.

Furthermore, the Niger Delta area is strategically positioned with all the right

indicators-multinational oil companies operating in the area, governmental

institutions to drive policy management, and regulatory agencies to suggest that it

has capabilities with many levers to encourage robust reforms.

Hence roles were prescribed to present responsibilities that would enhance the

success of feasible reform programmes in the Niger Delta.

The table below shows some environmentalist oriented projects going on the Niger

Delta area in recent times.

Table 4: Ongoing environmental projects in the Niger Delta executed by World Bank/IFC

Project Niger Delta states Covered

Objectives

Fadama III All Niger Delta States: Abia, Akwa-Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo, Rivers

Increases incomes of users of rural and water resources in flood plains and low-lying areas; reduces rural poverty, food security, and conflict between users.

State Governance and Capacity Building

Rivers Enhances good organization and accountability in the management of financial and human resources.

32

Micro-Small and Medium Enterprise Project

Abia (beneficiary of the Business Development Services Fund)

Increases performance and employment levels of MSMEs in selected non-oil industry sub-sectors and in pilot areas of the country.

Community-based Urban Development Project

Abia, Akwa Ibom, Edo, Ondo, Rivers

Makes easy access to basic urban services in eight cities.

Community and Social Development Project (CSDP)

Abia, Bayelsa, Cross River

Empowers communities to develop and manage small-social infrastructure and safety nets; strengthens LGA capacity for community support.

Commercial Agriculture Development Project (CADP)

Cross Rivers Strengthens agricultural production systems and facilitates access to markets for targeted value chains among small and medium scale commercial farmers.

Nigeria Electricity and Gas Improvement Project (NEGIP)

Selected sites in Niger Delta

Improves the ease of use and consistency of gas supply to increase power generation and distribute quality electricity to the consumers.

Niger Delta Community Foundations Initiative

Rivers Makes grants through a community-managed foundation to give confidence in local skills and development, build management capacity, and internal conflict.

Promoting Good Governance in Nigeria’s Niger Delta

Bayelsa Create a social accountability plan for the education sector; promotes public participation in Government planning.

State Expenditure Effectiveness for Opportunities and Results (SEEORP—proposed)

Bayelsa Rivers Delta

Make public financial management Systems very strong; supports youth skills development, acquisition and employment; promotes efficient community service delivery.

Eleme Chemical Plant (Indorama, Port Harcourt) IFC commercial investment, with Trust Fund support for corporate community development

Rivers (eleme) convert hydrocarbons such as natural gas liquids Into intermediate products used in plastics.

Geometric Power. Ltd., Aba. IFC

Abia (Aba) This independent, natural gas-fired, thermal power plant will

33

commercial investment, with Trust Fund support for corporate community development

serve commercial and residential Consumers in Aba town.

Quality Management. IFC, with co-financing from the Nigerian and Norwegian Governments

Industrial Centres, Niger Delta

Improve the capacity of local production companies to supply complex local content to the oil and gas industry, sub-sea and offshore.

Source: Adapted from Paul et al., 2011

Nevertheless more intensified efforts and conscientious actions are advocated to pay

particular attention to the effective and efficient oil pollution management in the Area.

The study is limited, being a secondary research which was highly dependent on

secondary data sources, and further research is advocated to establish whether

gaps exist between policies and implementation and the extent of effectiveness of

policy reforms in the management of environmental pollution currently claimed by

regulatory authorities in the Niger Delta.

34

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