Delta Oil Communities Want NOSDRA DG Sacked, Overhaul of NEPL Management

.Insist on N50bn compensation for spills, hazardous oil waste pollution 

Omon-Julius Onabu in Asaba 

The Opuama and Polobubo (Tsekelewu) communities in Warri North Local Government Area of Delta State have denounced what they termed mischievous and misleading information being dished out to unsuspecting members of the public concerning their demand for a N50 billion as compensation for the unmitigated ecological damage to their environment by certain oil companies operating in the area.

The people insisted that there was no going back on their demand, warning those allegedly attempting to paint a picture that was at variance with current realities in the Ijaw oil producing communities by defending “the polluters” that discerning Nigerians and the International community were watching the situation in Opuama and Polobubo (Tsekelewu) closely. 

In a statement, made available in Asaba yesterday, the communities wondered how those trying to make the federal government and the world to turn a blind eye to the obvious environment injustice could deny the reality of the oil spills and continuing dumping of hazardous waste into the communities’ ecosystem.

The statement was signed by Mr Nehemiah Tobolayefa and Mrs Tari Gideon, for on behalf of Save the Earth and Secure the Future (SESF), an NGO based in Warri, Delta State.

According to the statement, the demand for N50 billion has not been changed but, in addition, they are asking the Federal Government to relieve the Director-General of NOSDRA of the position as well as the immediate overhaul of the management of the Nigerian Exploration and Production Limited (NEPL).

The statement read in part, “Our attention has been drawn to publication in the Nation Newspapers and other social media platforms defending the Nigeria Exploration and Production Limited (NEPL) and ELCREST and refuting our demand for the “Clean-up, Remediation and payment of 50 billion naira for the October 28, 2023 Oil spills, and two others after and the dumping of hazardous waste in the ongoing drilling campaign in Opuama flow station, OML 40.

“We are compelled to respond to these publications, not just for the benefits of the affected communities, but for the government, Nigerians and the International communities who are keenly watching the Ecocide, the mass destruction of the environment.

“We have no problem with the community leaders but they have chosen this inglorious path! The voice of Jacob, the hand of Esuah. This is most unfortunate. They have become the mouth piece of the companies. Defenders?! A rat defends the snake that bites him, while the forest burns. What an irony!”

They maintained that they were not mincing words about their demand for compensation and remediation in line with global best practices and relevant international laws. 

“Our Irreducible minimum demands: Clean-up and remediate the impacted communities; ‘Pay the two principal communities #50,000,000,000.00;’Stop the unregulated dumping of hazardous chemicals waste at the flow station and surroundings.

“Unregulated dumping of hazardous waste in the flow station and surrounding land by the companies in the ongoing drilling campaign; is an environmental genocide against our people.”

The leaders further asked those opposed to the legitimate demands of the impacted communities to explain “whether there was a spill on the 28 of October, 2023 caused by equipment failure; Whether there were two additional spills after the 28 October, 2023 spill; Whether the companies have cleaned up and remediated the impacted areas.”

They also asked whether they are aware of the record number of deaths in our communities early this year and late last year.

The statement further said that if it was “agreed that there were legacy spills, whose responsibility is it to clean and remediate?”

“What the law says about assets and liabilities in the Petroleum Industry Acts, 2022. We refer them to Section 54 of the Act which deals with transfer of Assets and liabilities to the new owner. And so, since they claimed; there are legacy spills from the time of Shell, who should now clean and remediate the land now that NEPL and ELCREST are the new owners? For the avoidance of doubt, it’s the responsibility of the new owners, NEPL and ELCREST.

“Again, we refer them to the guidelines of their operations in line with the  Petroleum Industry in Nigeria ( EGASPIN). First issued in 1992, revised edition in 2002, which provides:

“An operator shall be responsible for the containment and recovery of any spill discovered within its operational area, whether or not its source is known. The operator shall take prompt and adequate steps to contain, remove, and dispose of the spill.

“We are not asking any  person or groups of people to pay or clean up the environment but the “polluters pay” a legal and economic principle that holds that those who cause pollution should bear the costs of managing it to prevent harm to human health and the environment, the Rio Declaration of 1992.

“We have scientific backup to our claim of the records deaths in our communities since these incessant spills and the prevalent rate of cancer cases in our communities. See United Nations Environmental Program report on the Environmental Assessment of Ogoni land ( 2011) at page 147. The prevalent rate of cancer cases.

“As victims of oil pollution, our back is already on the ground as our rights have all been denied. We want to warn that any attempt to close out these sites in collaboration with the fraudulent NOSDRA without the clean-up of the legacy spills and the current ones would be resisted through the instrumentality of the court both national and international.

“It took about a two weeks before a team of NOSDRA, the companies officials and community leaders joint investigation visit (JIV) could arrive to assess the situation. It turns out that the leakage was caused by equipment failure. It was expected that NOSDRA would have prevailed on the company to clean up and remediate the environment,” the communities lamented.