Tag Archives: Shell oil pollution Nigeria

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

The Niger Deltans 1992-2016

Niger Delta states of Nigeria. image from wikipedia

They call themselves the Niger Delta Avengers. Little is known about the new radical group that has claimed a series of pipeline bombings in Nigeria’s oil-producing region this year and evaded gunboats and soldiers trawling swamps and villages.  Their attacks have driven Nigerian oil output to near a 22-year low and, if the violence escalates into another insurgency in the restive area, it could cripple production in a country facing a growing economic crisis.

President Muhammadu Buhari has said he will crush the militants, but a wide-scale conflict could stretch security forces already battling a northern rebellion by hardline Sunni Muslim group Boko Haram.  Militancy has been rife over the past decade in the Delta, a southern region which is one of the country’s poorest areas despite generating 70 percent of state income.

Violence has increased sharply this year – most of it claimed by the “Avengers” – after Buhari scaled back an amnesty deal with rebel groups, which had ended a 2004-2009 insurgency.Under the deal, more state cash was channelled to the region for job training and militant groups were handed contracts to protect the pipelines they once bombed. But Buhari cut the budget allocated to the plan by about 70 percent and cancelled the contracts, citing corruption and mismanagement of funds.

The “Avengers” have carried out a string of attacks since February 2016… The group has emailed journalists a statement saying they were fighting for an independent Delta and would step up their attacks unless oil firms left the region within two weeks.”If at the end of the ultimatum you are still operating, we will blow up all the locations,” it said. “It will be bloody. So just shut down your operations and leave.””To international oil companies, this is just the beginning and you have not seen anything yet. We will make you suffer,” it said.

Authorities have no hard facts about the group – such as its size, bases or leadership…Diplomats and security experts say it has shown a level of sophistication not seen since the peak of the 2004-2009 insurgency, which halved Nigeria’s oil output. They say it must be getting help from sympathetic oil workers in identifying the pipelines to cause maximum damage….

In February 2016 the group claimed an attack on an undersea pipeline, forcing Shell to shut a 250,000 barrels a day Forcados terminal. In May 2016, it took credit for blasting a Chevron platform, shutting the Warri and Kaduna refineries…

Reuters, like other media, has been unable to reach the group, which mainly communicates via Twitter, with the location tracker switched off, and on its website.Its members describe themselves there as “young, well travelled” and mostly educated in eastern Europe.

Given the lack of intelligence about the militants, the army launched a wide-ranging hunt across the Delta this week, sending gunboats into mosquito-infested creeks and searching villages in the middle of the night. But some residents say such a heavy-handed military approach stokes dissent in the Delta where many complain of poverty despite sitting on much of Nigeria’s energy wealth. They say some villagers help militants to hide in the hard-to-access swamps….

Executives [oil firms in Nigeria] met Vice President Yemi Osinbajo in May 2016 and one of them warned the government was being “too direct and blunt” and needed to find some balance, according to a source familiar with the discussions….Many locals in the Christian south see Buhari, a Muslim northerner, as an oppressor.

Excerpts ‘Avengers’ threaten new insurgency in Nigeria’s oil-producing Delta, Reuters, May 16, 2016

According to their website: The Nigerian State is like the biblical Egypt, the Government of the Federation is like the Biblical Pharaohs, President Buhari is like the Egyptian Pharaoh Ramesses, the Niger Delta People are like the Jews while the Niger Delta Avengers is Moses. So all we are asking is let our people go (NIGER DELTANS).

See also UN on Ogoniland oil damage

Shell Nigeria and the Ogoni People

Nigeria

Fishermen + Farmers Against Shell

shell gas station. Image from wikipedia

Tens of thousands of Nigerian fishermen and farmers are suing multinational oil giant Shell in two new lawsuits filed on March 2, 2016 in a British High Court, alleging that decades of uncleaned oil spills have destroyed their lives.  London law firm Leigh Day & Co. is representing them after winning an unprecedented $83.5 million in damages from Shell in a landmark ruling by the same court last year. Shell originally offered villagers $50,000.

In a statement on March 2, 2016 before the trial opened, Shell blamed sabotage and oil theft for the ongoing pollution and noted it had halted oil production in 1993 in Ogoniland, the area where the two communities are located in Nigeria’s oil-rich southern Niger Delta.  Shell said it will challenge the jurisdiction of the British court.

The Ogoni are among the most traumatized of millions of Nigerians suffering oil pollution since the late 1950s….

Excerpts from  MICHELLE FAUL, Nigerians sue Shell in UK court for oil spills contamination, Associated Press, Mar. 2, 2016

6,000 km Pipelines, How Many Lawsuits against Shell, Nigeria

shell company logo--always a Shell, image from wikipedia

A Dutch appeals court ruled on December 18, 2015 that Royal Dutch Shell can be held liable for oil spills at its subsidiary in Nigeria, potentially opening the way for other compensation claims against the multinational. Judges in The Hague ordered Shell to make available to the court documents that might shed light on the cause of the oil spills and whether leading managers were aware of them.  This ruling overturned a 2013 finding by a lower Dutch court that Shell’s Dutch-based parent company could not be held liable for spills at its Nigerian subsidiary.

The legal dispute dates back to 2008, when four Nigerian farmers and the campaign group Friends of the Earth filed a suit against the oil company in the Netherlands, where its global headquarters is based.  “Shell can be taken to court in the Netherlands for the effects of the oil spills,” the court ruling stated on Friday. “Shell is also ordered to provide access to documents that could shed more light on the cause of the leaks.”  The case will continue to be heard in March 2016.  Judge Hans van der Klooster said the court had found that it “has jurisdiction in the case against Shell and its subsidiary in Nigeria”….

“There are 6,000km of Shell pipelines and thousands of people living along them in the Niger Delta,” he said. “Other people in Nigeria can bring cases and that could be tens of billions of euros in damages.”  In a separate case, Shell agreed in January to pay out £55m ($82 million) in out-of-court compensation for two oil spills in Nigeria in 2008, after agreeing a settlement with the affected community in the Delta.

Excerpt from Dutch appeals court says Shell may be held liable for oil spills in Nigeria, Guardian, Dec. 18, 2015.

Shell in Nigeria: the Attitude

Shell and the Nigerian Government

What is Not New: Shell Oil Pollution in Nigeria

Bayelsa on Niger Delta

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

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

Shell Gives Bad Information on Oil Spills in Nigeria

Shell Logo

At Amnesty International and CEHRD’s request, the independent US oil pipeline specialist Accufacts assessed a number of oil spill investigation reports, as well as responses from oil companies operating in the Niger Delta and Nigeria’s national oil spill agency.  The expert found cases where the stated cause of an oil spill appears to be wrongly attributed to sabotage [by the local population]. In many other cases sabotage was listed as the cause when there was little or no data recorded to back up the claim.  [report in pdf]

Overall, Accufacts concluded that many official investigation reports were “technically incomplete”, and others “appear to be serving another agenda, more driven by politics…than pipeline forensic science”.  Nigeria’s under-resourced regulatory agencies have little oversight or control of the process and are dependent on the oil companies to carry out investigations.

In one incident, a regulator sent a student on work experience as their sole representative to an oil spill investigation.  “This is a system that is wide open to abuse – and abuse happens. There is no one to challenge the oil companies and almost no way to independently verify what they say. In effect it’s ‘trust us – we’re big oil,” said Gaughran.

Shell has made some improvements to its investigation reports since 2011, including the addition of images of oil spills on its corporate website. But serious flaws remain, including weaknesses in the underlying evidence used to attribute spills to sabotage.  Information listed in oil spill investigation reports determines whether oil companies are liable to pay compensation to affected communities.  Despite serious flaws, the reports are cited as evidence in litigation.

Amnesty International and CEHRD found evidence of Shell having changed the officially recorded cause of a spill after an investigation had taken place. In one incident, secretly filmed video of an investigation shows how officials from Shell and the regulator tried to subvert the evidence by persuading community members on the investigation team not to attribute the cause to equipment failure. Video footage of a leak from an oil spill in Bodo from 2008 reviewed by Accufacts shows that Shell seriously under-recorded the volume spilled.  Shell’s official investigation report claims only 1,640 barrels of oil were spilled in total but other evidence points to the amount being at least 60 times higher…

The report argues that companies should be legally liable for failure to take effective action to protect their systems, including from sabotage.

Amnesty International and CEHRD are calling on the oil companies to publish all investigation reports, associated photos and videos. They must provide verifiable evidence of the cause and damage to the impacted area.

Shell’s false claims on Niger Delta oil spills exposed, Amnesty International Press Release, Nov. 7, 2013