Tag Archives: oil pollution Nigeria

Living by Stealing-the Sea Robbers

illegal refinery Nigeria. image from Reuters

Nigeria’s military said on April 13, 2017 that it had destroyed 13 illegal refineries in the restive Niger Delta oil hub, in an operation in which two soldiers died in clashes with “sea robbers”.  Military authorities say there are hundreds of illegal refineries in the region, which process stolen crude from oil company pipelines.  The Nigerian government said last week that it plans to legalise illicit refineries as part of an attempt to bring peace to the production heartland of crude oil, but it is unclear when it will put the plan into action.  Major Abubakar Abdullahi, a military spokesman, said troops “discovered and destroyed 13 illegal refineries” on April 12, 2017 while on patrol in the Iyalama Adama axis of Rivers state. The two soldiers were killed in the Ijawkiri general area, in Rivers state, he said.Makeshift refineries, usually hidden in oil-soaked clearings, support tens of thousands of people locally.

Nigeria’s navy chief has said that 181 illegal refineries were destroyed in 2016, 748 suspects were arrested, and crude oil and diesel worth 420 billion naira ($1.3 billion) was confiscated. The military shut down around 50 bush refineries in the first few weeks of 2017.

Nigeria’s military destroys 13 illegal oil refineries, Reuters, Apr. 13, 2017

How to Squander a Country: Nigeria

Gates of Oil reifnery in Port Harcourt, Nigeria. Image from wikipedia

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

Industralizing Nigeria through the Military-Industrial Complex

Image from nigeriana.org

In the last year, a total of 1,653 suspects were arrested and 3,778 illegal refineries destroyed in the in the ongoing anti-illegal bunkering patrols by the Joint Task Force (Operation PULO SHIELD) in the Niger Delta, according to Minister of State for Defence, Dr Olusola Obada.  In addition, 120 barges, 878 Cotonou boats, 161 tanker trucks, 178 illegal fuel dumps and 5,238 surface tanks were also destroyed by the Task Force within the same period.

Obada also said that the Defence Industries Corporation of Nigeria (DICON) will collaborate with the private sector under the Public Private Partnership (PPP) in the production of Armoured Personnel Carriers (APCs).  Obada said on Friday, while featuring in the ongoing ministerial press briefing in Abuja, that the nation’s military has “enhanced protection of oil and gas facilities through air and ground patrols of pipeline networks to deter vandals from sabotage activities. Troops were deployed on most critical platforms on a 24/7 basis to enhance their security. While criminalities in the industry have not been completely eliminated, efforts of the Joint Task Force have reduced the level crude oil theft drastically.”

She stated that towards industrialising Nigeria through the military-industrial complex, “the Federal Government in 2012 set up a high powered committee headed by the Vice President to reposition the Defence Industries Corporation of Nigeria (DICON) for greater efficiency. The report of the committee had been submitted to the President and it is expected that the recommendations would help initiate a transformation in the local production of military equipment.”

Already, Obada noted, DICON has entered into partnership with foreign companies for the manufacture of weapons, bulletproof vests and other equipment.  She also disclosed that under the Ministry of Defence’s health initiatives, 25,000 people had been place on retroviral therapy in the last one year under the Ministry of Defence HIV programme.

Special Task Force Arrest 1,653 Suspects, Destroy 3,778 Illegal Refineries Saturday, The Guardian (Nigeria), June 29, 2013

Shell in Nigeria: the Trans-Niger Pipeline Pollution

nigeria

A major fire that forced Shell to close its Trans Niger Pipeline in southern Nigeria raises serious questions about the way the oil giant is operating, Amnesty International and the Nigerian National Coalition on Gas Flaring and Oil Spills (NACGOND) (an NGO) said.The organizations called for an independent inquiry into the events that led to the fire at Bodo in Rivers State – an area already devastated by years of oil pollution.

Eight Shell contractors were arrested by Nigerian security services in connection with the fire that broke out last week (June 19, 2013), following an oil spill at a section of the pipeline near Bodo that was being repaired by Shell contractors.A Shell-led investigation into the cause of the fire is due to begin this week.

Shell claims the fire was a consequence of oil theft. However, community members told NACGOND that in the days leading up to the fire Nigerian security forces prevented anyone other than Shell’s contractors going near the area of the spill. From the shore people saw barges being loaded with oil and taken away from the site.  “Shell’s investigation into the cause of the fire is not enough,” said Tracy Adole of NACGOND. “What’s needed is a fully transparent and independent inquiry into what happened at Bodo in the days before the fire and the role – and competence – of Shell’s contractors. There are serious unanswered questions as to who Shell entrusted with the high-risk repair of the pipeline, and about its own level of oversight.”

The fire broke out following an oil spill on 11 June in an area where Shell contractors were working on maintenance and repairs. The area was guarded by security forces apparently preventing unauthorised access. Local residents attempted to visit the site to asses the scale of the spill but were turned back.  Witnesses reported seeing oil being loaded onto barges by Shell’s contractors for several days after the spill.  “The facts make it difficult to believe that anyone other than Shell’s contractors were in the vicinity in the days leading up to the fire,” said Tracy Adole. “Shell was quick to blame oil theft as the cause of the latest pollution and fire at Bodo, but the company has yet to fully answer for the role of its own contractors.”

Over the last decade, Shell has claimed that most of the oil spilt in the Niger Delta is due to oil theft and sabotage of its pipelines. The company bases these claims on a system that includes publicly contested data and relies almost exclusively on information provided by the company itself.The alleged theft and sabotage cases have not been verified by any independent bodies.

Last week, NCP, found that Shell’s statements that sabotage is responsible for most oil spilt in Nigeria were based on disputed evidence and flawed investigations.

In 2008 two massive oil spills occurred at Bodo in the Niger Delta. Both were the result of operational failures by Shell. Despite the enormous environmental damage done, Shell never cleaned up the spills. The community has now taken their case to the UK courts to seek compensation and clean up.  In 2011 a major scientific study carried out by the UN Environmental Programme documented serious problems with Shell’s response to oil spills. The same study noted that Nigerian regulators were “at the mercy” of oil companies when it comes to site visits to investigate oil spills.  Amnesty International asked Shell for a response to the latest spill and fire at Bodo and the arrest of contractors in relation to oil theft. Shell directed Amnesty to its public statement.

Nigeria: Wider Investigation Into Shell’s Nigeria Operation Needed After Arrest of Contractors, Amnesty International, June 26, 2013

Shell Nigeria and the Ogoni People

Ogoniland.  Image from UN.org

On January 30th, 2013 a Dutch court ruled that Shell, Nigeria’s biggest oil producer, must compensate Friday Akpan, a farmer from the Delta region, for the pollution of his farmland and destruction of his livelihood. The ruling could open a flood-gate to legal complaints against oil companies.In 2008, five Nigerians, including Mr Akpan, filed suits in The Hague where Shell has its headquarters. The other four cases were dismissed; the court said Shell could not have prevented the spills involved. Environmental campaigners insist the company was negligent. Amnesty International says the dismissal highlights how difficult it is for Nigerians whose lives have been affected by oil pollution to get justice.

Court orders and regulatory fines are rarely enforced in Nigeria. According to a 2011 United Nations report on the Ogoniland region in the Niger Delta, restoring the area, much of which is covered in thick, black oil, could take up to 30 years. It would cost $1billion just to start the clean up. Little progress has been made since the report was published. Bad laws, lax regulation and corporate exploitation make environmental degradation even worse in Nigeria.

Shell says that nearly 26,000 barrels of its oil was spilt last year in 200 incidents in the Delta. Some 55 were the result of “operational mishaps,” including poor maintenance of facilities but 144 were caused by sabotage or people siphoning oil from pipelines. Oil theft is increasingly a cause of oil spills in the region. The illegal refining of stolen oil is common in the Niger Delta. But in a region with few jobs, poor health care and dire schools, it is little wonder people resort to refining stolen oil. For some, it is the only way left to make a living.

John Donovan, A mixed verdict, Economist, Feb 3rd, 2013

See also Oil Spills in Nigeria: Litigation

Oil Pollution and Human Rights Abuses

UN Report on Oil Damage

Nigeria and the Oil Companies: the ECOWAS Judgment

ecowas, image from world bank

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

The ExxonMobil Oil Spill in Nigeria

An oil spill near an ExxonMobil oilfield off the southeast coast of Nigeria has spread along the shore for about 15 miles, and locals said it was killing fish they depend on to live.  Mobil Producing Nigeria, a joint venture between ExxonMobil and the state oil firm, said this month it was helping clean up an oil spill near its Ibeno field in Akwa Ibom state, though it did not know the source of the oil.  This Reuters reporter saw that water along the coast was covered with a rainbow-tinted film of oil for miles….Oil spills are common in Nigeria, where enforcement of environmental regulations is lax and armed gangs frequently damage pipelines to steal crude.  In the Iwuokpom-Ibeno fishing community, village elder Iyang Ekong held up one of a load of crabs that a fisherman had caught that morning, only to find they were soaked in toxic oil.  “When I got I home, I realised we can’t even eat them because they smell so badly of chemicals. So we’re just going to leave them by the waterfront,” he said.

Decades of oil production in Nigeria’s swampy Niger Delta, where Africa’s second-longest river empties into the Atlantic, have turned parts of it into a wasteland of oily water and dead mangroves. Thousands of barrels are spilled every year.  The companies say oil theft by criminal gangs is responsible for most of it.  “Our fishermen noticed the oil on an outing, but the sea has started depositing crude oil along the coast, and it has filled the water,” said Samuel Ayode, chairman of the fishermen’s association of Akwa Ibom, as he repaired his fishing net on the beach. He added that it started around Aug. 10.  “No one’s done any fishing since. The fish have migrated away from the pollution.”

A landmark U.N. report in August last year slammed the government and multinational oil companies, particularly Shell , for 50 years of oil pollution that has devastated the Ogoniland region. One community is suing for compensation in a London court.  The government and oil majors have pledged to clean up the region and other parts of the delta, but locals say they have seen no evidence of action yet.

Oil spill stretches for miles near Exxon Nigeria field, Reuters, Sept. 1, 2012