Tag Archives: Bongo oil spill Nigeria

From Natural Landmark to an Oil Spill Wasteland

Mohammad Abubakar, Minister of Environment  disclosed in July 2021 that Nigeria recorded 4,919 oil spills between 2015 to March 2021 and lost 4.5 trillion barrels of oil to theft in four years.

Mr Abubakar disclosed this at a Town Hall meeting in Abuja, organised by the Ministry of Information and Culture, on protecting oil and gas infrastructure. “The operational maintenance is 106, while sabotage is 3,628 and yet to be determined 70, giving the total number of oil spills on the environment to 235,206 barrels of oil. This is very colossal to the environment.

“Several statistics have emphasised Nigeria as the most notorious country in the world for oil spills, loosing roughly 400,000 barrels per day. “The second country is followed by Mexico that has reported only 5,000 to 10,000 barrel only per day, thus a difference of about 3, 900 per cent.

“Attack on oil facilities has become the innovation that replaced agitations in the Niger Delta region against perceived poor governance and neglect of the area.

Excerpts from Nigeria Records 4,919 Oil Spills in 6 Years, 4.5trn Barrels Stolen in 4 Years, AllAfrica.com, July 6, 2021

Assigning Responsibility for Oil Leaks: Shell’s Deep Pockets

Royal Dutch Shell’s  Nigerian subsidiary has been ordered on January 29, 2021 by a Dutch court to pay compensation for oil spills in two villages in Nigeria…The case was first lodged in 2008 by four Nigerian farmers and Friends of the Earth Netherlands. They had accused Shell and its Nigerian subsidiary of polluting fields and fish ponds through pipe leaks in the villages of Oruma and Goi.

The Court of Appeal in the Hague, where Shell has its headquarters, also ordered the company to install equipment to safeguard against future pipeline leaks. The amount of compensation payable related to the leaks, which occurred between 2004 and 2007, is yet to be determined by the court.  The case establishes a duty of care for the parent company to play a role in the pollution abroad, in this case by having the duty to make sure there is a leak-detection system…

Shell argued that the leaks were caused by sabotage…

In recent years there have been several cases in U.K. courts related to whether claimants can take matters to a parent company’s jurisdiction. In 2019, the U.K. Supreme Court ruled that a case concerning pollution brought by a Zambian community against Vedanta, an Indian copper-mining company previously listed in the U.K., could be heard by English courts. “It established that a parent company can be liable for the actions of the subsidiary depending on the facts,” said Martyn Day, partner at law firm Leigh Day, which represented the Zambians.

The January 2021 case isn’t the first legal action Shell has faced related to pollution in Nigeria. In 2014, the company settled a case with over 15,000 Nigerians involved in the fishing industry who said they were affected by two oil spills, after claims were made to the U.K. High Court. Four months before the case was due to go to trial Shell, which has its primary stock-exchange listing in the U.K., agreed to pay 55 million British pounds, equivalent to $76 million…  

The January 2021  verdict tells oil majors that “when things go wrong they will be held to account and very likely held to account where their parent company is based,” said Mr. Day, adding that the ruling could spark more such actions.

Excerpts from Sarah McFarlane, Shell Ordered to Pay Compensation Over Nigerian Oil Spills, WSJ, Jan. 29, 2021

No Clean-Up, No Justice: Ogoniland, Nigeria

The UN Environment Programme in 2011 proposed the creation of a $1 billion fund to repair the damage done by decades of crude spills in the Ogoniland area in southeastern Nigeria. However, progress has been poor and the little work that has been done is sub-standard, advocacy groups including Amnesty International reported in June 2020.  “Research reveals that there is still no clean-up, no fulfillment of ‘emergency’ measures, no transparency and no accountability for the failed efforts, neither by the oil companies nor by the Nigerian government,” the groups said.

Shell’s Nigerian unit pumped oil in Ogoniland until 1993, when the company withdrew amid increasing protests against its presence. Even though the Hague-based company no longer produces crude in the area, a joint venture operated by Shell Petroleum Development Company, or SPDC, still owns pipelines that crisscross the region.

A government agency responsible for overseeing the clean-up, the Hydrocarbon Pollution Remediation Project, known as Hyprep, was finally set up in 2017 after several false starts, but it’s failing to deliver. …“Hyprep is not designed, nor structured, to implement a project as complex and sizable as the Ogoniland clean-up,” the report cites UNEP as saying in 2019

Excerpt from Clean Up Oil in Nigerial Lacks Progress, Bloomberg, June 18,, 2020

An Unforgettable Type of Pollution

May 2018: The environmental damage around the site of two Royal Dutch Shell oil spills in Nigeria a decade ago has worsened significantly after years of delay to cleanup efforts, according to a report that the oil giant has been accused of trying to shield from public view.  The spills from a ruptured Shell pipeline spewed thousands of barrels of oil over parts of the Bodo fishing community in the crude-rich Niger Delta. Although the company in 2015 reached an out-of-court settlement with the local community, admitting to liability and agreeing to pay £55 million, or around $80 million at the time, in compensation, controversy around the case has remained.

A United Nations body, in a 2011 report, found extensive environmental damage around Bodo. Four years later, an assessment to prepare the cleanup found soil contamination had worsened while cleanup efforts languished and illegal refining and oil theft added to pollution in the area, according to an academic paper published last month. That has left the community facing potentially toxic pollution and “catastrophic” damage to the environment, the paper said.  The 2015 analysis was commissioned by the Bodo Mediation Initiative, a consortium established to oversee the cleanup in the area. Shell is a member of the group along with local stakeholders.

At least one of the authors urged the findings to be widely distributed because they pointed to significant health risks to the local community. Kay Holtzmann, the cleanup project’s former director, said in a letter reviewed by the Journal that Shell had denied him permission to publish the study’s results in a scientific journal.

But the academic paper* said the site survey contained new facts. The average surface soil contamination in Bodo had tripled since the original U.N. probe,the paper said. Out of 32 samples taken from the top two inches of soil in the area around Bodo, only one was within Nigeria’s legally acceptable limit for oil contamination, the paper added.

Excerpts from Pollution Worsens Around Shell Oil Spills in Nigeria, Wall Street Journal, May 26, 2018.

*Sediment Hydrocarbons in Former Mangrove Areas, Southern Ogoniland, Eastern Niger Delta, Nigeria, Apr. 2018

Cash or CleanUp? life in the oil polluted swampland

Nearly a decade after two catastrophic oil spills in the Niger Delta, a comprehensive clean-up has been launched in 2017 in the southern Nigerian region.

Earlier this month, crews of young men equipped with high pressure hoses began to attack the crude oil blighting the creeks and mangrove swamps where they live.  Workers from Bodo in Rivers State are beginning a three-year project that claims to mark a new approach to cleaning up the delta, the vast polluted swampland pumping the oil vital to Africa’s largest economy.

Four hundred workers will clear dead foliage and spilled oil before planting new mangroves. Where they are working is small but organisers hope the anti-pollution drive can be repeated elsewhere in the delta.

Unlike clean-up operations run routinely by oil giant Royal Dutch Shell, this one is backed by local communities and teams of scientists who will take samples of water, mud and soil in each area to measure progress and determine the best cleaning method.  Funded by Shell and its joint venture partners, the clean-up is the culmination of years of legal wrangling and international pressure to overcome animosity and mutual suspicion that have divided locals, government and oil companies.

Shell declined to say how much it was spending, while leaders see it as a glimmer of hope in a benighted land where many wells are not safe to drink from and fishing and farming are devastated.

“The Niger Delta is at a crossroads,” said Inemo Samiama, chairman of the Bodo Mediation Initiative (BMI), managing the clean-up. “We have a lot of polluted sites. We need something we can refer to, some shining example.”

The work of BMI covers 10 sq km, a fraction of the 70,000 sq km Delta.  As workers walk through gnarled, dead mangrove roots in protective gear and masks, oil seeps into their footprints – remnants of spills for which Royal Dutch Shell admitted responsibility. Despite the optimism, environmentalists point out at BMI’s work rate, it will take 21,000 years to clean the entire delta and that’s not including the 10 years of legal battles it took to make it happen.  Communities in eight other Delta states are unhappy they have no clean-up plan, fuelling the resentment underpinning militant movements that hit production last year and helped tip Nigeria into its first recession in 25 years.  One group, the Niger Delta Avengers, has threatened a return to violence. They say government is not keeping its promises to clean up the delta and provide more jobs, money and infrastructure.

Bodo received support from British law firm Leigh Day, which negotiated a 55 million pound pollution settlement with Shell in 2015. Leigh Day said it agreed to freeze a separate case to force a clean-up via British courts in order to give the BMI a chance.  Ogoni, the wider area in which Bodo sits, was the subject of a 2011 UN Environment Programme report warning of catastrophic pollution in the soil and water.

King Emere Godwin Bebe Okpabi of the Ogale community is on the board of a wider Ogoni clean-up effort and is optimistic its own clean-up, due to start next year, will work. But he fears it will not be replicated elsewhere without another marathon battle in the London courts.“The only place you get legal success is the international courts,” he said.

Under Nigerian law, oil companies must begin cleaning up any spill within 24 hours. But the remoteness of spills and lax enforcement mean this rarely happens.  Ferdinand Giadom, a lecturer at the University of Port Harcourt and technical advisor to the Bodo cleanup, said communities often block clean-ups in the hopes of cash settlements. Even in Bodo, works were delayed by two years due to local infighting.

Shell said most oil spilled last year was due to sabotage or theft for illegal refining. It also said communities block access to sites, making cleaning more difficult.

Excerpts from Anger on the margins of historic clean-up in Nigeria’s Delta, Reuters, Nov. 9,  2017

9 oil spills per month: Niger Delta

The oil-rich Niger Delta has generated billions of dollars for Shell over the past 60 years, but the company’s operations have been plagued by sabotage, theft and oil spills that ravaged the local environment.  Though Nigeria was one of its most prolific regions for crude production in 2015, Shell has sold off tracts of onshore oil fields. Its new focus—sealed with the mammoth $50 billion acquisition of BG Group PLC this year—is deep-water wells off the coasts of the U.S. and Brazil and a historic shift toward natural gas that puts it at the forefront of oil companies offering a more climate-friendly image to investors.

The hearings in London’s High Court on November 2016 represented an early test for cases brought by the community of Ogale and a group from the Bille Kingdom. The communities are hoping to hold Shell accountable for environmental damage they claim has been caused by spills from infrastructure operated by Shell’s Nigerian subsidiary, Shell Petroleum Development Co. of Nigeria Ltd., or SPDC.  Shell is expected to argue that only the subsidiary should be held liable and that the cases should be heard in Nigeria, SPDC’s base and where the incidents took place…

But the communities and their lawyers say seeking justice in Nigeria won’t hold Shell responsible for the actions of its subsidiary and is extraordinarily difficult...“You cannot fight Shell in Nigeria,” the king of Ogale, Emere Godwin Bebe Okpabi, said in a phone interview. “Shell is Nigeria, Nigeria is Shell.

It is a point Shell has already contested in The Hague, where four Nigerian farmers and Friends of the Earth successfully appealed a ruling that was largely in Shell’s favor in 2015, allowing them to pursue a case against the company in the Netherlands.

In 2015, the company said it experienced on average nine oil spills a month caused by sabotage or theft, with a handful of additional spills caused by operational issues. An uptick in violence this year has knocked important export terminals out of action for months at a time, though divestments onshore have helped reduce the overall number of spills Shell has recorded…

The company has already paid out £55 million, or roughly $80 million, to compensate another Niger Delta-based community in a settlement reached last year after they brought a separate lawsuit in London. In that instance, Shell admitted the spills were caused by operational failures.

Excerpts from Shell Fights Lawsuits Over Environmental Record in Nigeria, Wall Street Journal, Nov. 19, 2016

Bonga Oil Spill: the Nigeria v. Shell

The Director General, Nigerian Maritime Administration and Safety Agency (NIMASA) Mr. Patrick Akpobolokemi has slammed Anglo Dutch oil giant, Shell for the way and manner it handles oil spill in the country, especially in the oil and gas rich Niger Delta region.  He said the response of the foremost oil firm to oil spillages in the country fell short of international standards and practices.  The helmsman of Nigeria’s apex maritime regulatory authority spoke against the backdrop of the Bonga oil spill incident which wreaked havoc in many communities in the Niger Delta region in 2011.

The National Assembly had last week through the House of Representatives Committee on Environment, organised a public hearing over the incident.  Recounting NIMASA’s experience during the incident, Akpobolokemi said that the oil giant tried as much as possible to frustrate the agency’s attempts to move to the site of the spill.  As a stop gap measure, he explained that the agency provided some relief material to some of the communities affected by the spill.  Akpobolokemi flayed Shell for it poor response and nonchalant attitude towards spill incidents in the Niger Delta area and called for an immediate stop to this.

Said he: “The kind of impunity Shell and its allies have demonstrated so far in the Niger Delta area in the past must stop if the future of the people of Nigeria and the environment are to be protected,” adding that in other countries when spills like this occur, the first thing is remuneration, attention to the affected communities and finding ways of reducing the sufferings of the people and restoring the ecosystem, which Shell has failed to do. “Shell fell short of all these criteria and of course it is sad that it is only in Nigeria that we can witness this degree of impunity.

“We in NIMASA see this as a serious infraction to our laws, communities and the damage done to the communities and the ecosystem can be seen as genocide. When a similar spill occurred in the gulf of Mexico, Shell was alive to its responsibilities, they were made to pay compensation to the affected communities but today in Nigeria, any spill that occur, a claim of sabotage or third party claims are the order of the day.” He said NIMASA had made presentations before the House Committee on Environment, asking SNEPCO to pay compensation, not an administrative fee, to the communities totalling $6.5 billion.

“The response from Shell was evasive and do not suggest that it is a company that is alive to its responsibility. It believes that the culture of impunity can continue to go on, thereby playing with our legal system. May we use this opportunity to correct the wrong that has been done to the Nigerian environment because of the callousness of this company and we stand by our position that compensation must be paid to the communities.

“What we expect Shell to do is to come to the negotiating table and discuss with the affected communities on the means of payment so that the communities can get back their natural eco-system”.

John Iwori, Bonga Oil Spill: NIMASA Slams Shell, http://www.thisdaylive.com/,  Feb. 14, 2014