104. However, that all compelling of these circumstances measures did of this case not prevent lead the Court to recognise the continued environmental degradation of the region, as evidenced by the facts abundantly proven in this case and admitted by the very same Federal Republic of Nigeria. 105. This means that the adoption of the legislation, no matter how advanced it may be, or the creation of agencies inspired by the world's best models, as well as the allocation of financial resources in equitable amounts, may still fall short of compliance with international obligations in matters of environmental protection if these measures just remain on paper and are not accompanied by additional damage and or concrete ensuring measures aimed accountability, at with preventing the effective the occurrence reparation of of the environmental damage suffered. 106. As stated before, as a State Party to the African Charter on Human and Peoples’ Rights, the recognise Federal the Republic rights, duties of Nigeria and is under freedoms international enshrined in the obligation Charter and to to undertake to adopt legislative or other measures to give effect to them. 107. If, notwithstanding the measures the Defendant alleges having put in place, the environmental situation in the Niger Delta Region has still been of continuous degradation, this Court has to conclude that there has been a failure on the part of the Federal Republic of Nigeria to adopt any of the “other” measures required by the said Article 1 of African Charter to ensure the enjoyment of the right laid down in Article 24 of the same instrument. 108. From what emerges from the evidence produced before this Court, the core of the problem in tackling the environmental degradation in the Region of Niger Delta resides in lack of enforcement of the legislation and regulation in force, by the Regulatory Authorities of the Federal Republic of Nigeria in charge of supervision of the oil industry. 109. Contrary to the assumption of the Federal Republic of Nigeria in its atempt to shift the responsibility on the holders of a licence of oil exploitation (see paragraph 82), the damage caused by the oil industry to a vital resource of such 26|Page

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