Tag Archives: Nigeria oil pollution

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

Left to their Own Bad Devices: the Future of Ogoni Land in Nigeria

The decades-overdue clean-up of Ogoniland, after years of oil spills from the pipelines that criss-cross the region, is finally under way. But the billion-dollar project — funded by Nigeria’s national oil company and Royal Dutch Shell — is mired in allegations of corruption and mismanagement.  “We are not pleased with what is going on,” said Mike Karikpo, an attorney with Friends of the Earth International and a member of the Ogoniland team that negotiated the creation of the Hydrocarbon Pollution Remediation Project (Hyprep), the government body running the clean-up… 

Nigeria is Africa’s biggest oil producer, pumping out about 1.8m barrels per day. It provides roughly 90 per cent of the country’s foreign exchange and more than half of government revenues.  The clean-up began only the summer 2019, about a year after the first of an expected five tranches of $180m in funding was released to Hyprep. Mr Karikpo complains of a lack of transparency, alleging that planning, budgeting and awarding of contracts took place behind closed doors. Work started at the height of the rainy season, washing away much of the progress as contaminated soil collected for treatment was swept back into the environment…

Ogoniland, like the broader Niger Delta, has become more polluted and development has stalled, with little to show for the billions of dollars in crude that has been extracted. Critics have now accused Hyprep of being, like much of Nigeria’s oil sector, a vehicle for political patronage and graft. This year 16 companies were awarded contracts for the first phase of the clean-up, which — to the consternation of critics — focuses on the least contaminated parts of Ogoniland.

An investigation by the news site Premium Times found that almost all the companies were set up for other purposes, including poultry farming, car sales and construction, and had no experience of tackling oil pollution.  Meanwhile, insiders have questioned Hyprep’s capacity to handle such a massive project…

Shell and Hyprep have rejected the criticism.  Shell, which closed its Ogoniland operations in 1993, said it accepted responsibility “for spills arising from its operations”, but that some of the blame for the pollution must go to thieves who illegally tapped into pipelines and makeshift refining operations in the Delta’s creeks

Excerpts from Craft and Mismanagement Taint Nigeria’s Oil CleanUp, Financial Times, Dec. 29, 2019

A Swamp of Oil Pollution: Ogoniland

Status of Cleaning up Oil Pollution in Ogoniland, Nigeria:

According to the Civil Society Legislative Advocacy Centre (CISLAC), the clean-up of Ogoniland is bugged with identity crisis, procedures, processes and overheads. Perception of corruption, lack of transparency and accountability, complex decision making, internal crisis of choice between Ogoni and the Niger Delta….The United Nations Environment Programme (UNEP) released its Environmental Assessment of Ogoniland in August 2011 after series of protests of oil spillage in the community that culminated to the death of Ken Sarowiwa and eight others.  The report  made recommendations to the government, the oil and gas industry and communities to begin a comprehensive cleanup of Ogoniland, restore polluted environments and put an end to all forms of ongoing oil contamination in the region…

Pollution of soil by petroleum hydrocarbons in Ogoniland is extensive in land areas, sediments and swampland.  In 49 cases, UNEP observed hydrocarbons in soil at depths of at least 5 metres. At 41 sites, the hydrocarbon pollution has reached the groundwater at levels in excess of the Nigerian standards permitted by National Laws..

Excerpts from Ogoni: Cleanup Exercise by Authorities Questioned by Civil Society Groups, UNPO, Mar. 12, 2019

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

Ogoni versus Royal Dutch Shell

The widow of a Nigerian activist is planning to sue Royal Dutch Shell in the Dutch courts alleging the oil company was complicit in the execution of her husband by the Nigerian military in 1995, court documents filed in the United States/Esther Kiobel has filed an application in New York to secure documents from Shell’s US lawyers, which she could use in the Dutch action.

The filings with the US District Court for the Southern District Court of New York said she planned to begin the action before the end of the year.“Ms. Kiobel will demonstrate that Shell encouraged, facilitated, and conspired with the Nigerian government to commit human rights violations against the Ogoni people,” a memorandum in the application filed last week said.
Kiobel previously took her lawsuit to the United States but the US Supreme Court ruled in 2013 the case could not be heard because the alleged activities took place outside the country.

In 2009 prior to that ruling Shell had agreed in the United States to pay $15.5 million to settle lawsuits related to other activists executed at the same time as Barinem Kiobel, including author and environmental activist Ken Saro-Wiwa.    [three separate lawsuits were brought by the family of Ken Saro-Wiwa].

The Nigerian military cracked down heavily on local opposition to oil production by a Shell joint venture in the Niger Delta in the early 1990s. Kiobel alleges that Shell provided support to the military in its crackdown.  A Dutch court ruled in December that Shell may be sued in the Netherlands for oil spills at its subsidiary in Nigeria, although it did not say Shell was responsible..

Excerpts from Shell faces possible Dutch lawsuit over Nigerian activist’s execution, Reuters, Oct. 18, 2016

Oil Pollution in Nigeria – Shell

Farmers impacted by the Shell Petroleum Development Company, SPDC, Kolo Creek oil fields spill in Otuasega, Ogbia Local Government Area of Bayelsa State, have gone to court over the April 15, 2015 spill, which polluted their farms.According to the farmers, they were excluded from a Joint Investigation Visit to probe the impact of the spill despite their attempt to draw the attention of the team to their impacted farms.

A fish farmer, Mr. Aku Asei, whose three ponds were impacted, said the affected farmers numbering over 50 resolved to take legal action over the incident in the wake of the alleged claim of sabotage by Shell.”This is a clear case of the powerful and rich oil firm against the weak and poor farmers. They are claiming that the spill was caused by sabotage and abandoned the polluted environment. The regulations which they relied on to absolve themselves clearly stated that the operator of the field where pollution occurs must clean up the site irrespective of the cause but SPDC officials declined to capture the farms as impacted areas….[T]he spill was as a result of negligence by SPDC surveillance contractors deployed to guard the facility…

The farmers, made up of fish farmers, banana and plantain plantation owners in the area also appealed to Bayelsa State Government to assist them in prevailing on the oil firm to clean up the areas and pay compensation to them.

Nigeria: Farmers Take Shell to Court Over Oil Spill Impact in Bayelsa, AllAfrica.com, May 12, 2015

Corruption Begets Corruption: Nigeria Oil

Dead fish wash up on the once-fertile shores of creeks around Bodo, a town in the Niger delta, that are covered with crude oil more than six years after two massive spills. Locals have only now received compensation from Shell, the oil firm responsible for the leaks. For the first time in half a decade, fishermen have cash to start businesses, repair their houses and send children to school… “Look,” says the chief of a tiny town called B-Dere, just a few miles from Bodo. He gestures to the deathly-black banks still bearing the marks of the slicks. “There is nothing to drink, nowhere to fish. What good has come from it?”

The cash that the oil industry provides has greased Nigerian politics for decades. Gross mismanagement and corruption in the industry are the causes of much of the inequality and discontent with the ruling party in an economy that is not just Africa’s largest but that ought to also be one of its wealthiest…

Nigeria pumps something like 2m barrels of oil a day. These account for most of its exports and about 70% of government revenues. But official figures are as murky as its polluted creeks. Volumes are recorded only at export terminals rather than at the wellhead, says Celestine AkpoBari of the Port Harcourt-based advocacy group, Social Action. Were a proper tally kept, he says, corruption would be exposed on a scale that would shock even the most cynical Nigerian.

It seems likely that more than 100,000 barrels of crude are stolen (or “bunkered” in the local parlance) every day, at a cost to the state and investors of billions of dollars a year. Politicians, oil workers and security forces are said to be behind the complex cartels that steal, illegally refine and sell crude oil. They have amassed almost unimaginable wealth in a country where poverty is still rife.

Oil’s taint has seeped into almost all levels of government and business. Yet the central problem is found in the petroleum ministry, which wields vast unaccountable power. The Nigerian National Petroleum Corporation (NNPC), a state-owned behemoth, is responsible for all aspects of the industry, from exploration to production and regulation. It is among the most secretive oil groups in the world, and is “accountable to no one”, says Inemo Samiama, country head of the Stakeholder Democracy Network, a non-profit group.

In 2013 the former governor of the central bank, Lamido Sanusi, alleged that $20 billion in oil revenues was missing from state coffers. He was fired for his troubles soon after. …

Even where cash has not been nicked, it has often been squandered. Take the Excess Crude Account (ECA), a sovereign-wealth fund intended to cushion Nigeria’s budget against falling oil prices. Most of it was spent over the past two years, despite oil prices being relatively high for most of that period.

The industry itself is in as sorry a state as the government’s finances. Although oil practically gushes from the ground in parts of the delta, oil output has been stagnant for years and billions of dollars of investment are stalled because of uncertainty over a new law for the industry.  This is holding back Nigeria’s economy almost across the board. Because the industry has failed to build the infrastructure to pipe gas to domestic consumers such as power plants, much of it is simply flared and burned: Britain reckons that some $800m worth of Nigeria’s gas a year goes up in smoke. The country is also chronically short of fuel even though it has four state-owned oil refineries. Because of poor maintenance and ageing equipment they operate at well below capacity, forcing Nigeria to import about 70% of the fuel it needs. There is little incentive for reform since the government pays hefty subsidies to NNPC to keep on importing…

But a starting point should be to halt subsidies for fuel imports. At a stroke that would undercut a major source of corruption and crime (both on land and at sea) that spills into neighbouring countries, the destination for smuggled consignments of cheap Nigerian fuel. It should also take a close look at NNPC, which should not be allowed both to participate in the market and regulate it. Some of its assets could be privatised. The ruling party and opposition are considering both….

For communities in Ogoniland, the most pressing problem is cleaning up. Shell has promised to mop up the mess around Bodo, though the process has yet to start. Compensation is one thing, Bodo residents say, but what they really want is their livelihood back.

Nigeria’s oil: Crude politics, Economist,  Mar. 28, 2015, at 54