the oil spillage, which is the corrosion, vandalisation, result bunkering, of various factors including pipeline etc. appears for both sides as the major source and cause of ecological pollution in the region. It is a key point that the Federal Republic of Nigeria has admitted that there has been in Niger Delta occurrences of oil spillage with devastating impact on the environment and the livelihood of the population throughout the time. 96. Though the Defendant’s contention is that the Plaintiff allegations are mere conjectures, this Court highlights and takes into account the fact that it is public knowledge that oil spills pollute water, destroy aquatic life and soil fertility with resultant adverse effect on the health and means of livelihood of people in its vicinity. Thus in so far as there is consensus by both parties on the occurrence of oil spills in the region, we events in such there. have to presume that in the normal a situation, to wit, consequential environmental [Cf Torrey Canyon (1967), Amoco Cadiz (1978), Exxon cause of pollution exist Valdez (1989), Erika (1999), Prestige (2002), Deepwater Horizon (avril 2010)| 97. In the face of this finding, the question as to the causes or liability of the spills is not in issue in the behaviour of the instant case. What Defendant, as is being canvassed ECOWAS Member State is the attitude or and party to the African Charter. Indeed, it is incumbent upon the Federal Republic of Nigeria to prevent or tackle the situation by holding accountable those who caused the situation and to ensure that adequate reparation is provided for the victims. 98. As such, the heart of the dispute is to determine whether in the circumstances referred to, the attitude of the Federal African Charter obligations which on Human subscribed provides: and Peoples’ to in the terms “All peoples Republic of Nigeria, as a party to the shall have Rights, of Article is in conformity 24 of the said with the instrument, the right to a general satisfactory environment favourable to their development’. 99. The scope of such a provision must be looked for in relation to Article 1 of the Charter, which Unity parties provides: “The Member States of the Organization to the present Charter shall recognise the rights, of African duties and 24|Page