Reconciling Competing Natural Resource Interests for Sustainable Development: The Role of Law in Balancing Oil Exploitation, Water Resource and Ecosystem Services in Nigeria

Abstract

Oil exploitation remains important to the economy and development of Nigeria, but its interaction with the ecosystem and interconnected water resources create conflicts between competing forms of resource use. This paper examines whether Nigerian law provides a coherent and balanced framework for reconciling oil development with the continued impairment on water resources and associated ecosystems. The research adopts a doctrinal methodology, analysing the Constitution, Petroleum Industry Act 2021, Environmental Impact Assessment Act, Water Resources Act, NESREA Act, relevant subsidiary regulations, judicial decisions, and applicable international and African regional instruments. The research further made comparative reference to Canada and Norway. The paper finds that the laws of Nigeria recognise competing resource uses and several substantive protection criteria, but these laws remain dispersed across separate statutory and institutional frameworks. In particular, the framework does not provide a sufficiently structured method for translating the value of affected resources into oil authorisation or for determining when significant residual impairment is justified. The paper proposes some models which include but is not limited to an integrated resource reconciliation framework based on structured justification, and remedies for persons directly affected by permitted residual resource loss.

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