Oil Pollution and Bio-Diversity Conservation in Nigeria: An Assessment of Legal Framework

Oil pollution distorts aquatic life which not only destroys the source of livelihood of fishers, but also causes a shortage of supply of seafood. It destroys the fertile soil, which makes it difficult for the farmer to farm as a means of livelihood, and the supply of agricultural produce is reduced as a result of poor crop yields. This article deals with the effects of oil pollution on biological diversity in Nigeria. It espouses the legal regime of oil pollution and biological diversity. The article highlights threatened components of the country’s biological diversity and the measures taken by the government to control and checks the activities of oil companies in a bid to ensure that they abide by best practices for the conservation of the country’s biological diversity. This article recommended that there needs to be a collective effort of the government, Petroleum Companies and host communities to ensure that Nigeria’s Bio-diversities is conserved. The article established that Bio-diversity is the true essence of natural life; however, oil pollution can cause the total destruction of this natural life, hence, the need for the conservation of our bio-diversity, for the protection of the environment and human existence.

main seat of oil and gas production in Nigeria, is suffering from the destructive effects of oil and gas exploration and production in terms of enormous oil pollution, biological diversity degradation and extinction.
To this effect, a cursory look into the instances of oil pollution and the adverse effects on the biological diversity of the environment has been critically examined in conjunction with the legal framework, machinery and mechanisms that can be effectively employed to salvage the precarious situation. This will ensure that the biological diversity of the country is not only conserved, but mankind has a better chance of good living. To correct this situation it is recommended that oil exploration and production companies should sign contracts with the government to assure them of proper cleaning up of the environment where the exploration and production are done. Also there should be enforcement bodies that will scrutinize the oil production companies and ensure that they comply with all agreements entered into with the government and defaulters should be properly punished.
This work thus considers the following: 1) The Concept of Oil Pollution in Nigeria: By appraising various legislative definitions, considering areas such as Oil spillage, Gas Flaring.
2) The Concept of Bio-Diversity: noting the various aspects through which Bio-Diversity affects the country i.e. the Biological, Social and Economic Implications.
3) The Legal and Institutional Framework on Oil Pollution including the Department of Petroleum Resources. 4) Government's effort in combating oil pollution in Nigeria: This has been done by stating the various ways by which the government has tried to fight oil pollution in Nigeria, most especially through enactment of laws to punish offenders.

Concept of Oil Pollution in Nigeria
The Federal Environmental Protection Agency Act defines "pollution" as "Man-made or man aided alterations of chemical, physical or Biological quality of the environment to the extent that is detrimental to that environment or beyond acceptable limits." 1 According to the United Nations Convention on Law of the Sea, pollution is defined as the "introduction by man, directly or indirectly of substances or energy into the marine environment, coastal zones and related inland waters resulting in such deleterious effects as harm to living resources, hazards to human health, hindrance to marine activities, including fishing, impairments of quality use of sea-water and reduction of amenities". 2 Oil pollution occurs in two ways: oil spillage and gas flaring. However, for better understanding of the concept of oil pollution both forms of pollution will be examined.

OIL SPILLAGE ON LAND
Oil pollution has the probability of infiltrating land. Research shows however that over time land has been polluted by oil condiments. According to Wild, mining, oil exploration and production and other downstream operations result in liquid spills and leakages of hydrocarbon solvents and chemicals and they all contribute in the contamination of land. Oil exploration and exploitation activities damage the soil and prevent crop growth for varying period of time (Wild, 1996). These damaging effects are due to suffocation and toxicity of the crude oil. A typical illustration is seen in the Shell-Bp Bomu II blowout of 1970 and Elf Obagi II blowout of 1972 seriously affected agricultural land, brackish water and mangrove swamps in the Niger-Delta area. Nevertheless, Osisanya is of the view that a spill will contaminate the soil with which it comes in contact making it unfertile and turning it into a reservoir from which volatile compounds can be emitted (Osisanya, 2003). Due to the porosity of the soil, the spill/leakage can flow as a result of gravity and capillary action (upward movement of liquid in the soil) to contaminate ground and surface water. concerning an oil facility blow out which occurred in July 1970 from a well owned and operated by the appellants offers a graphic example of the impact of oil spillage on land contamination. In this case, the blow out lasted for several weeks during which time, crude hydrocarbons, sulphur and effluent toxic substances were emitted in dense fountains 4 . The emissions formed a thick layer over the surface of the adjoining land, destroying farmlands, crops and economic trees and natural vegetation of the impacted areas with the resultant desertification of the impacted areas of about 607 hectares belonging to various families 5 .
The Guardian Newspaper reports that the National Oil Spill Detection and Response Agency of Nigeria state that there have been a total of 3203 cases of oil spills in the Niger Delta region alone in the last four years (Nnimo, 2010  Other causes of oil spillage are pipelines failure which can take the form of material defect, pipeline corrosion, ground erosion, and sabotage, among others. Nonetheless, the Department of Petroleum Resources contends that 88% of this oil spill incidences are traceable to equipment failure (UNEP, 2011). Other obvious causes of oil spills in Niger delta are vandalism, oil blowouts from the flow stations, accidental and deliberate releases and oil tankers at sea (Nwilo & Badejo, 2005).
GAS FLARING Gas flaring is the burning off of the natural gas associated with the crude oil during extraction in places where there is no capacity or infrastructure to trap and make use of the gas. More so, it is a process by which unusable or excess natural gas is released by a pressure valve and burned-releasing tonnes of carbon dioxide into the atmosphere (Sunmoni, 2012). A Gas flare, also known as "flare stack" is a combustion tool employed at industrial plants and gas production sites such offshore gas and rigs, gas wells, oil wells and landfills. Nigeria flares 17.2 billion cubic metres of natural gas per year in conjunction with the exploration of crude oil in the Niger Delta (Michiko, 2004). The effects of gas flaring on the Nigerian environment cannot be overemphasized as it affects both flora and fauna components of the fragile ecosystem. For instance, birds exposed to hydrocarbons concentration can have an impaired ability to fly, preventing it from foraging. Irritation of the digestive tract, altered liver function and kidney damage, metabolic imbalance, hormonal imbalance, including changes in their luteinisation of protein, are but a few of the effects of exposure to hydrocarbon concentrations on birds.
More gas is flared in Nigeria than anywhere else in the world. These flares have contributed more greenhouse gases than all of sub-Saharan Africa combined. The flares contain toxins that affect the health and livelihood of local communities, exposing Niger Delta residents to an increased risk of premature deaths, child respiratory illnesses, asthma and cancer (Asume, 2005). Acid rain is another problem within the Niger Delta region caused by gas flaring which has caused loss in Bio-diversity, with forest and economic crops being destroyed. It is opined that the dominance of grasses and shrubs in some parts of the region is indication of loss of natural forest, this may be due to acid rain but other factors may be the cause such as exploitation and exploration of oil companies (Uyigue & Agho, 2007). Furthermore, the concentration of acid in rain water appears to be higher in the Niger Delta region and decreases further away from the region (Uyigue & Agho, 2007). In addition, the heat generated from gas flaring is seriously alarming as this heat kills vegetation around flaring area, destroys mangrove swamps and salt marshes, suppresses the growth and flowering of some plants, induces soil degradation and diminishes agricultural productivity (Mba, 2000). Apart from its adverse effects on agricultural productivity, humans are also highly affected due to the toxicity of flared gas which is capable of causing respiratory illness, leading to kidney disease, neurological disease and potential death (Ndubuisi & Asia, 2007). The cumulative environmental impact of gas

Concept of Bio-Diversity
The term Bio-diversity as the variation among living organisms, which encompasses species diversity (the number of different species), genetic diversity (gene pool variety within species) and ecosystem diversity (the variety of interactions among living things in natural communities) (Okiwelu & Anyawu, 2003). This term is also applied to describe the number, variety and variability of living organisms. However, science has revealed that plants, fishes, birds, animals and even man all make up the Bio-diversity of an environment. On the other hand, the term Conservation is the sustainable exploitation of natural resources (land, forestry, wildlife and marine resources) for optimal and maximum yields of the present generations while preserving its potential to meet the needs and aspira- Article 2 of the Convention on Bio-diversity, defines Bio-diversity as, "the variability among living organisms from all sources and includes diversity between species, within species and of eco systems." From this definition it is apparent that Bio-diversity does not only encompass species diversity, but also includes genetic and ecosystem diversity (Amokaye, 2004). Species diversity refers to the diversity of species with given populations within which gene flows occur under natural conditions (Amokaye, 2004). Genetic diversity on the other hand means the range of genetic material found in the world's organisms, upon which depends the functioning of many of the above processes and life-support systems, the breeding programmes necessary for the protection and improvement of cultivated plants, domesticated animals and micro-organisms, as well as much scientific and medical advance, technical innovation and the security of many industries that use living resources. Ecosystem diversity relates to the variety of habitats, biotic communities and ecological processes in the biosphere as well as the diversity within ecosystems.
Soule (Soules, 1991), opined that there are five levels in the Bio-diversity hierarchy: A. T. Bello, J. Amadi Journal of Geoscience and Environment Protection 1) Whole system such as landscapes or ecosystems; 2) Assemblages such as associations or communities; 3) Species; 4) Populations; 5) Genes.
From these elements, the diversity of ecosystems might be regarded as the concept commanding the highest level of importance, since all living organisms exist and function not in isolation but as part of a wider environment, occupying a particular niche within their appropriate ecosystems, and it is through the preservation of entire ecosystems that diversity can most effectively be secured (McNeely et al., 1996).

Nigeria's Bio-Diversity Endowment
Nigeria is very rich in Bio-diversity. The country is endowed with a variety of plant and animal species. There are about 7895 plant species identified in 338 families and 2215 genera. There are 22,000 vertebrates and invertebrates species. These species include about 20,000 insects, about 1000 birds, about 1000 fishes, 247 mammals and 123 reptiles. About 1489 species of microorganisms have also been identified. All of these animal and plant species occur in different numbers within the country's vegetation that range from the mangrove along the coast in the south to the Sahel in the north. Besides, there are bamboos and grasses which are useful for making a variety of products, especially in local cottage industries. Furthermore, in the Niger Delta are found various and extensive forests which harbor a rich diversity of wildlife, including mammals, reptiles, birds, insects and other invertebrates-a good number of species being endemic to the region. The water bodies hold a wide variety of aquatic life, including shellfish and crustaceans (Niger Delta Environmental Survey, 1997).

Effects of Oil Pollution on Bio-Diversity
Crude oil has benefited Nigeria to a great extent; however, it is not incontrovertible to assert that oil pollution has adverse effects on Nigeria's Bio-diversity.
These effects are categorised into three as follows: Biological impact: loss of Bio-diversity and destruction of habitats, largely due to top soil degradation is a main adverse effect of oil pollution. The process A. T. Bello, J. Amadi Journal of Geoscience and Environment Protection of photosynthesis is also impaired as a result of the introduction of phytotoxins into the environment wherever oil spills occur.

Economic impacts:
The economic impacts can be categorized into four (4) groups as follows: 1) Nutritional Deficiency and Food Shortages: Oil pollution results in the destruction of the Niger Delta traditional local economic support systems of fishing and farming. The combination of the effects of oil spillage and acid rain resulting from gas flaring has been soil degradation which affects crop yield and harvest (Pyagbara, 2007). Fishes are driven away from in-shore or shallow waters into deep-sea as a result of pollution caused through gas flaring.
2) Destruction of Traditional Means of Livelihood: Oil pollution renders the agricultural sector, which is one of the largest employer of labour in Nigeria, especially in the Niger-Delta region, unprofitable, leaving youths and women jobless since their local economic support system of fishing and farming is no longer sustainable.

Legal Framework on the Environment
Several steps have been taken by the government of Nigeria in the area of control and mitigation of oil pollution and the conservation of Bio-diversity using the instrumentality of laws and policies. There are also regional and international instruments in place for the mitigation of oil pollution and the conservation of The DPR has the power to issue environmental guidelines for the petroleum industry in Nigeria. This power derives from the following: • Section 9(1)(f) and 12(1) of the Petroleum Act where under certain powers of the Minister may be delegated to the Director of DPR. • Inference from the provisions of Section 10(2) to Section 11 of the Nigerian National Petroleum Corporation Act (Cap 320) which charges DPR's predecessor with supervisory and regulatory functions over the petroleum industry. • Section 23 of the FEPA Act which acknowledges DPR as the principal authority charged with the responsibility for the "removal of oil related pollution discharged into the Nigerian environment".

Legal Framework on Bio-Diversity
Hereunder, the legal framework on Bio-diversity conservation will be considered under these three headings-Municipal, Regional and International. Municipal: The  (Weis, 2015). Attempts have been made through international conventions to address this unsatisfactory situation; thus the main source of the law regulating pollution from off-shore causes can be traced to international treaties and conventions. The following are some of these international conventions.
The United Nations Convention on Law of the Sea 1982: This convention was adopted in 1958 but updated in 1982. It is generally regarded as the basic law on matters relating to the pollution of the sea. Pollution of the marine environment is defined to mean "the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment or quality for use of sea water and reduction of amenities." 10 Nigeria is a party to the convention, signed December 10, 1982, ratified August 14, 1986. The agreement was deposited on October 25, 1994 and was subsequently ratified again on July 28, 1995. Nigeria has always complied with the convention in order to protect the environment and enhance biodiversity.

Statutory Enactments
Associated Gas Re-injection Act 1979: Oil companies were mandated to cease gas flaring. Flaring could only be done for operational reasons with the permission of the Petroleum Minister. 11 Environmental Impact Assessment Act, 1992: This Act makes it mandatory for an environmental impact assessment (EIA) study of a project (which is likely to significantly impact the environment), to be prepared at the early stage of the project often before the project is undertaken. 12 The EIA is to be directed to the Federal Environmental Protection Agency for approval (Etikerentse, 2004). Any project whose EIA is disapproved by the agency cannot be undertaken 13 . This will help to ensure that any oil and gas exploration and production process is properly assessed before the oil companies commence such project. . This Act also provides punishments for illegal prospectors, explorers and miners of crude oil 20 . This provision will ensure that oil is not explored and exploited by those without the requisite knowledge to carry out such activities in a safe and secure way that ensures that the environment is not polluted. It should be noted that the laws are paramount but not effectively implemented. Specifically, Regulation 1 provides that companies engaged in oil and gas exploration and production should endeavour that they limit effluent discharge to the barest acceptable limits.

Guidelines and Regulations
National

Recommendations
Oil pollution has for so long a time perpetrated the Nigerian Bio-diversity with little or nothing being done to alleviate the menace. However, to bring a stop to the seemingly unstoppable situation which has constantly terrorised the Bio-diversity of Nigeria. The recommendations include the following: 2) Environmental Impact Assessment should be taken seriously. Activities of oil companies should be properly scrutinized to ensure that they carry out due diligence and abide by best practices to prevent possible oil pollution and subsequent mishap to the environment. Also, on gas flaring, the Senate passed the Gas flaring (Prohibition and Punishment) Bill 2009 (SB. 126) into law (Declan, 2016), and the Gas Flaring (Prohibition and Punishment) Bill 2016 is been considered by the Senate. Furthermore, oil companies should develop and make use of technologies that would collect these gases and utilize them for other productive purposes.
Large scale gas investments should be strictly encouraged.
3) Furthermore, areas identified as having endangered species of certain plants and animals should be completely sealed from any oil exploration, exploitations and production activity. Such areas should be completely reserved or completely restricted to any form of oil exploration and production activity.
More so, the Nigerian National Assembly should follow the international trend in the area of environmental protection and Bio-diversity conservation and sign, ratify and implement conventions and other international instruments and its attendant protocols to ensure that the country's Bio-diversity is conserved. In addition, Government should encourage programmes such as the Bio-diversity 29 Paragraph 4 (a), part 1, "Introduction", EGASPIN 2002. 30 Paragraph 4 (c), part 1, "Introduction", EGASPIN 2002. as a matter of necessity, have the right to a safe and healthy environment because where our Bio-diversity is in peril, food is in short supply, and health in great danger, and ultimately the right to life cannot be assured.

Conclusion
It was noted in this article that oil pollution affects the land, the water body or air upon which oil is spilled or gas flared. Clearly, oil pollution is traumatic to the environment, and in turn, Bio-diversity which is the true essence of natural life or nature. There can be no ecosystem without a Bio-diversity, and mankind cannot possibly exist alone without other important components of the Bio-diversity. The International Union for the Conservation of Nature and Natural Resources, discovered from the evaluation of coastal regions of eleven West African countries, discovered that Niger Delta is unprotected. All components have a symbiotic relationship and they work together in order to ensure continued existence. Several components of the country's Bio-diversity are important because they provide food, medicine, raw materials for production of other essential goods. The life of a man is indirectly threatened when there is failure to control activities that destroy bio-diversity and promote oil pollution. Hence, bio-diversity is the full essence of life, without doubt there is need to conserve Nigerian Bio-diversity.
Conclusively, this article finds that • Oil pollution has had grave consequences on the Bio-diverse nature of Nigeria.
• Although laws exist, the laws enacted are not fully complied with in order to halt the incidence of, or mitigate the effect of oil pollution.
• Clearly, the protocols to international conventions which relate to the subject have not been ratified by the Nigerian legislature, and this would only continue as an assault on the environment and contribute to the existing poor situation of Bio-diversity conservation in Nigeria.
• Thus, genuine and deliberate preservation of the Bio-diversity can only be achieved by the parties concerned which have been outlined in the recommendations of this paper.