Sections 104 and 107 of the Petroleum Industry Act 2021 and Accelerated Genocide Concerns of the Petroleum Producing States in Nigeria

Abstract

Genocide is acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group. Genocide is one of the crimes which are punished by international law like the genocide convention and the Rome Statute which Nigeria has acceded to since 2001. Petroleum production in Nigeria come with it laws and regulations which regulate the activities of companies involved in petroleum production in Nigeria. This law have permitted flaring of gas which is scientifically proven to cause death, infertility and trauma to humans who live around the flare stacks. This article aims at identifying provisions of the Petroleum Industry Act 2021 which contain provisions contrary to genocide convention, common sense, uneconomical and socially antithetical to civilised societies. It was found that the oil producing states in Nigeria suffer statutory approval of genocide in sections 104 and 107 of the Petroleum Industry Act 2021; and that genocide can be enforced against government or persons who aid or act in furtherance of such atrocity. The article adopts doctrinal methodology in harnessing primary sources like the Petroleum Industry Act 2021, Genocide Convention, Rome Statute; and literatures on genocide. It was recommended that sections 104 and 107 of the Petroleum Industry Act 2021 be amended to exclude the genocide by removing the powers of the Minister or the Commission or the Authority or anyone or body or arm of government from authorising or certifying the gradual killing of persons in the petroleum producing states of Nigeria.