The search for oil in Nigeria started in 1937 and was pioneered by the Shell Petroleum Development Company of Nigeria Limited (then known as shell D! Archy and later Shell B. P.) which then based in Warri . During the course of search for oil, the first deep exploration well was drilled in 1951 at Ihuo 10miles northeast of Owerri where no oil was found.

      Nevertheless for the first time oil was discovered in commercial quantity at Oloibiri in the then Rivers State presently in Bayelsa by Shell in January 1956. Consequently, pipe-line connections between Oloibiri and Port-Harcourt enabled the first cargo of crude oil to leave Niger Delta on 17th February 1958 when production stood at 6000 barrels per-day .The implication of this is that by 1970 the oil industry became responsible for about 95% of the nations foreign exchange earnings of which Shell was the major contributor.

      The Niger Delta region which has been the producer of these natural and mineral resources encompasses the swampy terrain of coastal area of the South-South coupled with some parts of the South-West and South-East. In that regard we therefore, have; Abia, Akwa Ibom, Bayelsa, Cross-River, Delta, Edo, Imo, Ondo, and Rivers as states in the Niger Delta.

      It must be put on record that before the creation of some of the Niger Delta States, our generous and kindhearted colonial masters set in motion the constitutional and legal framework for the future betterment of the Niger Delta. As a follow-up Henry Willink Commission (1957-1958) made some recommendations at pg. 94 paragraph 27 of its report for the proper development of the Niger Delta region having seen the possibility of how this fertile area endowed by Almighty God with rich mineral and agricultural resources could be sapped, exploited, maligned and marauded by the actions of man without development. This tinge and liquor of sympathy spurred our colonial masters to establish the Niger Delta Development Board (NDDB) in 1960 with a view to embarking on the physical development of the area as an equitable recompense for its mighty oil reserve which feeds the entire nation.

      Unfortunately barely eleven years after their departure, the military Junta under the hegemony of Gen. Yakubu Gowon (Rtd) proscribed these progressive laws under the 1960 and 1963 constitution which canvassed for 50% of their product whilst those that are less endowed split 30% with the producers and the Federal government take 20% as tax.

      After the assumption of office by our incumbent President, Chief Olusegun Obasanjo in 1999, he asserted that the neglect of the Niger Delta would be a thing of the past hence the Niger Delta Development Commission (NDDC) was established in the year 2000. The gesture which gave us a beacon of hope and security has been castrated hence has not lived up to expectation in trying to develop the Niger Delta both physically and in empowering the people of this area in all its ramifications. To compound issues, the principle of derivation which started with 50% under s. 134 and s. 140 of the 1960 and 1963 constitutions respectively has been drastically slashed callously to 13% under the 1999 constitution.

      Be that as it may, the Federal Government should be brought into memory lane that the Niger Delta is the treasure base of the nation which is the goose that lays the golden egg yet still deprived of even he nutrientless shells of the eggs; while parts of he country that have not experienced any form of environmental devastation have immensely been fed fat on the nutritious eggs of the battered and marginalized Niger Delta region. This was what informed the National Coordinator, Niger Delta Peace Coalition, Zik Gbemre on the occasion of the 10th International Programme on the Management of Sustainability held in Woudschoten Conferentiecentrum, Zeist the Netherlands, June 14^th –21^st, 2003 that,

“It is the oil and gas from the Niger Delta that practically built a new capital territory in Abuja, erecting relevant structures for all organs to run the government. It is the oil and gas money that built Lagos, still the nation’s commercial capital”.

      Ironically, the area is the most marginalized and being bathed with disdain treatment in terms of development and societal empowerment. This has been largely responsible for the growing restiveness in the region…” and I agree with him.

      In its contribution to the Niger Delta crisis, the Petroleum and Natural Gas Seminar Staff Association of Nigeria (PENGASSAN) in a communiqué issued at the end of the Central Working Committee (CWC) meeting held PENGASSAN Zonal Secretariat in Port Harcourt on May 31^st 2003 and published in the Punch Newspaper of 23^rd June 2003 at pg. 43 had this to say: Niger Delta crisis.

      The CWC in session frowns at the unabated violence in the Niger Delta by restive youths protesting against the continued deprivation and neglects of the areas by successive governments and the effect of oil drilling and production activities on their source of livelihood. The CWC bemoans government’s lukewarm response to he situation as the nation continues to witness pipeline vandalization, hostage taking, overrunning of installations and terminals, rebelling against local authorities and traditional rulership coupled with inter/intra communal clashes. It asserts that efforts at promoting enduring community relations have left the companies with multi-dimensional rounds of negotiation with the oil producing, terminal and Transit communities.

      While this communities may allege that some of the companies may not have guarantee reasonable level of health and safety with environmental friendly technology, exerted efforts to ameliorate the deterioration or dearth of infrastructures like health centres, schools, good roads, electricity, portable water and other poverty alleviation schemes have not been adequately done by the operating companies which would have complemented the efforts of Niger Delta Development Commission (NDDC).

      In the same vein, one of the most neglected areas of oil exploration in Nigeria is the attendant pollution arising therefrom on the host communities of the Niger Delta. The black rain as a result of the gas flaring, pollution destroying farm lands, crops, water, rivers, ponds due to oil spillages. An epitome of the extent and magnitude of spillage and or pollution in Nigeria is captured in the article titled “Liberty For Oil Pollution in Nigeria” publish in the Modern Journal of Finance and Investment Law Vol. 3 NO.2 of April 1999 at pg. 329 Wherein Inam Wilson observe thus

“A report from the ministry of Petroleum Resources portrays that between 1976 and 1990, there where 2,676 reported cases of oil spillages in the Niger delta”

      Another independent report by green peace indicate that between 1976 and 1991 almost 3000 separate oil spills averaging 700 barrels each occurred in the Niger Delta. To this end, while this callous act is being perpetrated, the federal government has not paid proportionate and commensurate attention to the plight of the people of Niger Delta instead interested more in pumping money for exploration. The Guardian Newspaper of 25^th July 2003 at pg 15 reports under the caption: Govt. approves $3.5b for oil exploration, production “Thus: the federal Government may have approved #444.5 billion (# 3.5billion) for oil and gas exploration and production that year. Even according to Punch Newspaper of 28^th August 2003 at pg 38 under the caption: US invest $ 356n for oil gas sector” This goes to show that it is only in exploration that interest is given.

      Sincerely speaking, the federal government should make new law that will be more effective and all encompassing besides the already existing ones to protect oil producing communities from environmental degradation and to guarantee them easy access to justice in getting compensation for oil spillage and pollution. This was the hallmark of the discussion in a lecture at the Nigeria Bar Association Conference in Enugu in August 2005 capturing the event under the captain: Lawyers Ask Govt. to Review Environmental laws”. The Guardian Newspaper of 7^th Sept 2003 at pg 3 reported the above. This session was chaired by the chief Judge of Akwa Ibom state Justice E.D.U Idiong.

            Remember that Thomas Jefferson declared in a speech in Maryland in 1809 that “The care of human life and happiness and not their destruction is the first and only legitimate object of good Government". 

RECOMMENDATIONS

          The students in higher institutions of learning in the oil producing local government in the Niger Delta should be given compulsory scholarship by the Niger Delta Development Commission (NDDC). Remember that the former British Prime Minister, Mr. John Major who was the guest lecturer in a paper entitled “Youth and education in a changing world” said on Vanguard Newspaper on Friday 21^st February 2003 that:

“A life without education is a life lived in ignorance, a life half lost: Education enhances life not just for economic opportunities, but also for the individual and the country that believes in it.”

2. There should be a Federal Scholarship Monitoring Committee under the NDDC, which should be constituted by students, women and men of impeccable character. In the same vein the Federal Scholarship Monitoring Committee should equally have their state offices in the respective states. But its headquarters should be located at the Federal Capital Territory Abuja. 

3. While the second class upper division graduates from the Niger Delta should be given automatic employment in the oil companies, the unskilled and semi-skilled should not be left out. 
4. Federal High Courts and Court of Appeal should be established in Delta and Bayelsa States, since it is the only Federal High Court that has the jurisdiction to entertain issues of oil spillage, pollution and environmental degradation. In the same vein, process of litigation should be made expedient and cost of litigation should not be ridiculous or astronomical in nature bearing in mind that our people are indigent.
5. There should be avalanche of allocation of Nigeria Defence Academic (NDA) forms for the youths of Niger Delta in order to enlist them in the Army. 
6. Physical development of the region just like the Federal Capital Territory in terms of roads, health centres, electricity and portable water especially because of oil spillage and pollution and other alleviation schemes.
7. New effective law to protect oil producing communities from environmental degradation besides the existing ones should be enacted by the National Assembly.
8. Federal University should be sited in Delta States for its strategic position in other absorbed a large number of the unemployed.
9. Tourist centre should be located in the area to attract foreigners and residents. With this unity and peace can be fostered.
10. Availability of mechanized farming coupled with the policy of agricultural extension services. 
11. The Multi National Oil Companies operating in the area which are saddled with the social responsibility be made to have an impartial structure of giving scholarship to deserving students and to equally sponsor those graduate with second class upper division to overseas for the pursuit of their Master Degree. 

CONCLUSION 

      Conclusively, bearing in mind that students are veritable force in development of any Nation, I am of the view that if empowered and encouraged objectively, I wish to convene students’ conference of all the National Association of Students in the respective Niger Delta Region to deliberate on the way forward.

EFOLE ANDREW EDIRIN  writes from the Faculty of Law, Ambrose Alli University Ekpoma, Edo State, Nigeria. He is currently the Deputy Senate President of National Association of Delta State Students. (NADESSTU)