A landmark legal case instituted by a traditional ruler against Shell and oil industry regulators in Bayelsa State receives a boost from a coalition of Niger Delta civil society groups
By Chinedu Oguh, Port Harcourt
A coalition of Civil Society Groups in the Niger Delta have expressed solidarity with King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom in Bayelsa Stateover his suit against oil giant, Shell, Minister of Petroleum Resources, the Nigeria Upstream Petroleum Regulatory Commission (NUPRC) and Attorney General of the Federation.
King Bubaraye Dakolo, who is also Chairman of the Bayelsa State Council of Traditional Rulers, had challenged Shells attempt to divest its on shore oil assets and exit the Niger Delta without decommissioning obsolete infrastructure, remediating environmental damage and compensating the Ekpetiama people for harms caused by their decades of oil and gas exploration activities.
The civil society coalition include the Social Environment Integrated Centre (Social Action Nigeria), Health of Mother Earth Foundation (HOMEF) the International Working Group (IWG) of Petroleum Polluting and the just transition in the Niger Delta the Bayelsa State Non-Governmental Organizations Forum (BANGOF) and HEDA Resources Centre, among others.
In the statement of claim, King Dakolo Outlined how Shell’s operations in the Gbarain in Yenagoa Local Government Area of Bayelsa State had to massive oil splits, gas flaring and the destruction of fishing and farming livehoods.
In a statement signed by Social Action Nigeria, HOMEF, IWG, BANGOF, HEDA and Kebetkache, the CSOs pointed out that communities’ rivers, forests and farmlands had been rendered toxic and unsustainable for life and livelihoods.
The plaintiffs argue that Shell’s planned divestment of its interest in the Shell Petroleum Development Company (SPDC) without fulfilling its environment obligations in accordance with the Nigerian constitution and laws is illegal and unjust, and that Nigerian state through the Ministry of Petroleum Resources, NUPRC and the Attorney General has failed in its duty to prevent such corporate evasion of responsibility.
They are also asked the court to uphold the constitutional right of affected communities under the Nigerian Constitution (right to life and dignity) and prevent the transfer of assets and liabilities to successor companies without legal and environmental accountability.
Lead counsel for plaintiffs, Barr. Chucks Uguru, said, “The action against SPDC, Shell Corporation, Renaissance Group and federal agents is over the unlawful divestment of oil assets in Ekpetiama Kingdom whose members have the fundamental right to a clean and healthy environment under the Nigerian Constitution and the Africa Chartes”
According to CSLS the case is grounded in the extensive findings of the Bayelsa State Oil and Environmental Commission (BSOEC) composed of experts from Europe, North African and Africa.
Uguru said the Commission revealed that Bayelsa State suffers from some of the worst oil pollution levels in the world, resulting from the operations of Shell and other International Oil Companies (IOCs).
Tentacle further learnt that the commission finding indicated that over 1.5 million peoples in Bayelsa are impacted by hydrocarbon pollution and communities have been exposed to chromium, benzene and other cancer-causing chemicals far exceeding World Health Organization (WHO0 safety limits.
Also, it discovered that oil spill have contaminated nearly all primary water sources, forcing resident to rely on invisibly polluted creeks and ponds, and soil sample revealed extremely high level of total petroleum hydrocarbons (TPH) rendering land unit for agriculture.
Again, the report said that air quality measurement here, Shell Facilities recorded particulate matter and soot for above permissible health thresholds, and in some communities, fish stock have declined by over 70 percent impacting food security livelihoods.
According to them, it is regrettable that Shell and other Oil Companies have failed to carry out proper decommissioning and cleanup, leaving rusting leaking pipelines and abandoned well heads that continue to pollute, especially Shell, the largest operator which they name as a primary culprit.
King Bubaraye Dakolo again said, “This divestment is a crude attempt by Shell to run away, from the disaster it created. We demand justice, not abandonment, Shell must cleanup, compensate and decommission only then can it leave”.
Director of Social Action Nigeria, Dr. Isaac Asume while commenting disclosed that She wants to exit with profit, leaving behind toxic air, poisoned water, broken communities “we are here to say no more, planned on shore asset selloff by transnational oil corporations must not become a license to flee environmental accountability in the Niger Delta extraction sites, which is home to human being”
Executive Director of HOMEF, Nnimmo Bassey, who shared the same view with Asume added, “The Niger Delta cannot be sacrificial zone for fossil fuel greed. We will stand in solidarity with king Dakolo and the people of Ekpetiama Kingdom in demanding that Shell pay for the damage it has done before it walks away”
Speaking for the legal and justice committee of the IWG, Head, School of Law at the University of Bred Ford, United Kingdom, Prof. Engobo Emeseh said, “This case sets a Precedent in Nigeria, the Gulf of Guinea Region and globally. It says clearly that there can be no just clear energy transition without corporate accountability, environmental restoration and community consent.”
On that note, the CSOs prayed the Federal High Court to rest rain Shell and its partners from finalizing any asset sale or divestment until full compliance with environmental and human right obligation is demonstrated.
They also urged the court to compel regulators like NUPRC to enforce the Petroleum Industry Act and Protect Host Communities and affirm the right of Indigenous People of the Niger Delta to clean environment, Safe Livelihood and full Consultation
Director of HEDA Resource Centre, Olanrewaju Suraju, added that the courts have a unique opportunity to uphold justice, protect the rule of law and demonstrate that no corporation is above accountability in Nigeria.
