📖 ABSTRACT/OVERVIEW
Oil spills by the Nigerian National Petroleum Company Limited and its contractors in Delta State continue to devastate fishing communities and wetland ecosystems in the South South geopolitical zone, raising fundamental questions about corporate liability and the adequacy of compensation mechanisms. This study evaluates the legal framework for oil spill compensation in Delta State, focusing on the rights of fishing communities to claim damages under the Oil Pipelines Act 1990, the Petroleum Industry Act 2021, and in tort. Using an empirical and doctrinal methodology, the research analyses 40 compensation claims filed between 2019 and 2024 and conducts interviews with 60 affected fishermen and 15 environmental lawyers in Warri, Ughelli, and Sapele. Findings reveal that compensation amounts paid to fishing communities are grossly inadequate, that administrative claims processes are deliberately complex and slow, and that affected communities face barriers to court litigation due to cost, evidence challenges, and delays. The study further examines the role of the National Oil Spill Detection and Response Agency and its enforcement record in Delta State. Comparative analysis with the Bodo Community v Shell litigation in the United Kingdom provides useful insights. Recommendations include a no-fault compensation fund for oil spill victims, legal aid for community litigation, community liaison representative mechanisms, and mandatory remediation timelines. Keywords: oil spill, compensation, fishing communities, Delta State, NNPC liability
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