Environmental and socio-economic impacts are commonplace in natural resource-dependent economies. Given the increasing awareness and the need to meet global goals including the United Nations Decade on Ecosystem Restoration and the Sustainable Development Goals (SDGs), environmental remediation and ecosystem restoration is gaining traction in developing countries. In Nigeria for example, the Niger Delta region is currently hosting the Ogoni remediation and Bodo Creek restoration projects. Both projects would need environmental and socio-economic baselines to measure remediation and restoration progress and project outcomes.
Natural resource mining is associated with severe environmental, economic, and socio-cultural impacts. Countries, particularly developing ones, faced with these impacts struggle to contribute to global visions, including the Sustainable Development Goals (SDGs), the United Nations Decade on Ecosystem Restoration, and several climate related actions. In developing countries such as Nigeria, Angola and Equatorial Guinea, host communities have reported high likelihood of exposures to hazards associated (e.g., polyaromatic hydrocarbons, PAHs) (Sam et al., 2023), with natural resource mining causing severe public health and environmental risks, and loss of livelihood that often dislocate the local economy (Ovadia, 2014; Lamine and Xiong, 2013; Sam and Zabbey, 2018). Within Nigeria, the attendant impacts of oil exploration and exploitation have been attributed to the neglect and lack of duty of care of the oil industry operators (UNEP, 2011), weak legislation (Sam 2015), overlapping regulatory responsibilities (Sam et al., 2017), poor enforcement, and an increasing lack of commitment to sustainable environmental management (Ogunkan 2022). As a result, communities that host natural resource mining activities face severe consequences that limit their access to sustainable traditional livelihoods, potable drinking water, fertile soil for agriculture, and a flourishing ecosystem that can support and improve access to ecosystem goods and services needed for life sustenance (Pegg and Zabbey, 2013).
The magnitude of socio-ecological impacts occasioned by the oil industry operations in Nigeria has been attributed to gaps in sectoral legislation. For example, oil mining activities began in Nigeria in 1958 and the first legislation, the Petroleum Act 1969 (which reflected on environmental management), came 10 years later (Sam et al., 2017), and the country is yet to develop comprehensive legislation for oil spills detection and responses more than 50 years after the full operationalization of the oil and gas sector. As a result, the Niger Delta region, the hub of oil exploration and production in Nigeria, has experienced large scale oil spills. Consequently, the land, water, fauna, flora, and air in the region are known to be severely contaminated from incessant oil spills (Elum et al., 2016; Sam et al., 2022).
The situation in the region is characterized by an absence of trust between relevant stakeholders, e.g., host communities do not trust international oil companies (IOCs) (UNEP, 2011), following decades of oil spills and the exposure of community members to plausible risks without remediation or management action (Pegg and Zabbey 2013). In addition, corporate social responsibility projects that could have provided social support structures for the oil-impacted communities have failed in many instances (Mbalisi 2020) because of exclusion and decades of frustration. As a result of this neglect and the inability of local communities to access clean land or alternative livelihoods, the communities are often characterized by protests (UNEP 2011), inter-communal conflicts, and violence as local communities struggle to farm on few available uncontaminated lands (Osuagwu and Olaifa 2018; Anderson, 2003; Edo, 2012; Ibeanu, 2000; Idemudia, 2009). The communities in Ogoniland are exposed to petroleum pollutants at elevated concentrations in outdoor air, food, and drinking water, and they have dermal contacts from contaminated soil, sediments, and surface water (UNEP 2011). WHO’s global health observatory records an average life expectancy in Nigeria as being less than 55 years; this could be even lower in Ogoniland communities, where community members have lived with chronic oil pollution throughout their lives. Local communities continually expressed displeasure, distrust, and dissatisfaction with the level of environmental degradation and socio-economic losses via protests and agitations.
The results of the Environmental Assessment of Ogoniland undertaken by the United Nations Environment Programme (UNEP) in 2011 provided evidence of extensive soil and groundwater contamination in the area. The UNEP report provided evidence that locals in Ogoni communities were exposed to hydrocarbons through different pathways, including the air they breathe, the water they drink, and dermal contact with polluted soil or water, and that these had cumulatively affected the health of local communities in the area. In 2019, eight years after the UNEP assessment report, the Nigerian government inaugurated the Hydrocarbon Pollution Remediation Project (HYPREP) to implement the recommendations of the report. In 2016, the government flagged off the remediation project, however, it took years for actual remediation work to commence as HYPREP needed to set up governance and administrative structures. Given the dynamic nature of the Niger Delta environment, there is a high probability that the status of many environmental and socio-economic parameters investigated by UNEP might have changed.
A significant challenge for the remediation of polluted sites in Ogoniland would be establishing baselines for the restoration of certain environmental media, e.g., biodiversity restoration would be dependent on establishing baselines for the microbial community. Thus, achieving near pristine environmental restoration would be a challenge as there were no baselines documented prior to the five-decade oil spills. To fill this gap, this study aims to provide a pre-remediation baseline for purposes of monitoring and referencing, along the project lifecycle. Mainly, the study presents the current situation of Ogoni communities regarding oil contamination and provides information and tools to help remediation decisions and agencies reach their goals and meet community expectations, while also providing baselines for communities that were not considered in the UNEP report.
Regulatory framework for contaminated land management in Nigeria
The Nigerian contaminated land regulatory framework transcends three eras. First, the era of no regulation (1956–1968), the era of no specific regulation (1969–2001), and the era of specific regulation (2002 - till date) (Sam et al., 2017). During the period of no legislation (1956–1968), oil exploitation was initiated (1956), regional management of the sector was being developed (1956–1959), and Nigeria achieved Independence (1960). No specific regulations to manage contaminated land were in place at this time, nor were there any legal instruments available to discourage soil and groundwater contamination (Ite, 2013) arising from oil exploration and exploitation activities. At the end of this period oil contamination incidents were on the rise, which elicited a response from the government and marked the beginning of the period of non-specific legislation. The development of the Petroleum Act (1969) introduced an overarching law that empowered the Minister of Petroleum Resources to make regulations for the prevention of environmental pollution in the country.
Governance and regulatory frameworks
Nigeria has developed institutions for environmental protection and management. However, several agencies, departments and units across the three tiers of government undertake overlapping responsibilities (Fig. 1; Sam et al., 2022). For example, the National Oil Spills Detection and Response Agency (NOSDRA) has a responsibility to identify, determine, and respond to oil spills within Nigerian territory (Rim-rukeh, 2015; Ambituuni et al., 2014), however, this same function is undertaken by the Department of Petroleum Resources (DPR). Similarly, HYPREP has recently been given a mandate to respond to legacy oil spills in parts of the Niger Delta region. At a more strategic and operational level, NOSDRA’s responsibilities overlap with those of DPR, and now HYPREP. For example, when an oil spill occurs, the IOC involved reports the incident to NOSDRA and DPR, and both agencies undertake independent and parallel actions (Sam et al., 2017). This results in an economic burden on the government (e.g., both agencies undertake risk assessment of the reported site) and could potentially impact the legitimacy of the site management recommendations provided by any of the agencies.
Similarly, different states of the Nigerian federation have their own independent environmental protection agencies, whose functions often overlap with the federal agencies. The activities of these institutions are interrelated and overlap in many areas, which has led to unnecessary prolonged bureaucracies, duplications, and inefficiency (Sam et al., 2022). In addition to the governance problems of contaminated land management in Nigeria, the regulatory thresholds or permissible levels used to make judgments on whether or not a land is contaminated are weak and inadequate to govern a sustainable remediation process (UNEP 2011; Sam et al., 2022). For example, the Environmental Guidelines and Standards for the Petroleum Industry (EGASPIN) outline 5000 mg/kg and 50 mg/kg as the intervention and target values for total petroleum hydrocarbons (TPH) in soil, respectively. The UNEP report on Ogoniland recommended a review of these regulatory thresholds as they were overarchingly high and could lead to high residual risk in environmental media. In addition, a generic intervention and target value for all land uses were not sustainable and could lead to high residual risks in a remediated environment.
These overlapping functions, complex governance structures, and ineffective regulatory thresholds could affect the effective management of contaminated sites in the Niger Delta region and thus should constitute parameters to be monitored for effective contaminated land remediation and restoration. Policy changes, a streamlined governance structure, and contextual permissible levels are required for sustainable contaminated land remediation and restoration (Bardos et al., 2011, 2016; Hou et al., 2014; Hou and Al-Tabbaa, 2014; Luo et al., 2009).
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One of the benefits of the remediation exercise in Ogoniland would be the development of effective and sustainable agencies for environmental governance. The current regulatory baseline is vulnerable to conflicts of interest, overlapping responsibilities, and weak regulatory thresholds (UNEP, 2011; Sam et al., 2017). As a monitoring tool for checking for improvements during the remediation project in Ogoniland, an interesting area to envision change would be the streamlining of regulatory agencies, and the development of comprehensive legislation that provides for efficient and sustainable land contamination management. In addition, any evolving statutory changes might face similar overlapping roles if there is no clear delineation of roles between NOSDRA, HYPREP, and DPR.
Following the publication of a seminal report in 2011 on the levels and impact of oil contamination on the total environment in Ogoniland (UNEP, 2011), the Federal Government of Nigeria (FGN) set up on December 12, 2016 the Hydrocarbon Pollution Remediation Project (HYPREP) via Gazette No. 176, Volume 103, to clean, remediate, and restore oil contamination (https://hyprep.gov.ng) in and outside Ogoniland. Actual boots-on-the-ground in terms of deploying the first batch of cleanup contractors to remediate the less complex sites in Ogoniland started in January 2019, which was eight years after the UNEP report. Between when the UNEP report was released and the commencement of the Ogoniland cleanup eight years later, there were several new spills in the area that reinforced the old legacy oil-spill contaminated sites and aggravated the impact on the area’s socio-ecological system. The livelihood data presented in this paper are intended to complement the UNEP report by providing a more up-to-date basis and indicators for measuring the success of the Ogoniland cleanup in line with the philosophy and principles of the before-impact-control-impact (BACI) model.