Bayelsa Commission Indicts Shell, Other Oil Multinationals For Environmental Damage In Niger Delta

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The Bayelsa State Oil and Environmental Commission has presented its final report to the state government, condemning Shell and other International Oil Companies (IOCs) for environmental damage in the region.


The report, presented on Monday at the Government House, Yenagoa, also criticised the Petroleum Industrial Act for failing to address environmental concerns in oil-producing states.


Sentamu noted that the oil pollution had resulted in the loss of about 40 per cent of mangroves and that the level of toxic wastes exceeds acceptable levels in several parts of the state.


Other members of the commission who spoke highlighted various aspects of the report urged Governor Diri and the Bayelsa State Government to act swiftly to seek environmental justice.


The commission recommended a comprehensive Bayelsa recovery and cleanup plan, a recovery fund of US 12 billion over 12 years, the establishment of a Bayelsa Recovery Agency, a new compensation scheme for those affected and fundamental reform of the regulatory regime.


It also called for the introduction of a new legal framework and new dispute resolution procedures, enshrining and enhancing the role of state governments, strengthening scrutiny of IOC behaviour both internationally and in their home jurisdictions, overhauling IOC approaches to community engagement to ensure transparency, accountability and voice as well as establish a legally binding effective legacy and decommissioning regime.


Commenting on the report titled: “An Environmental Genocide: Counting the Human and Environmental Cost of Oil in Bayelsa, Nigeria,” he said the impact of oil pollution on both humans and the environment was alarming.


Governor  Douye Diri also bemoaned the failure of the Federal Government to remit to Niger Delta states revenues from gas flare fines and royalties paid by oil firms to its coffers.


He said the oil-producing states and indeed the communities in the region that bear the brunt of gas flaring have been deprived of the revenue accruing to the Federal Government over the years.


While formally dissolving the commission with effect from October 31, 2024, the Bayelsa helmsman said it was saddening to read that, “Bayelsa is estimated to have suffered over a quarter of total recorded instances of oil pollution in Nigeria.


His words: “The staggering disparity underscores the inequitable distribution of environmental burdens. Bayelsa State bears 25% of Nigeria's oil pollution. The sheer scale of devastation paints a dire picture, disconcertingly reminiscent of an environmental Armageddon.”


Governor Diri also stated that according to the report, “between 1970 and 2014, Nigeria earned an estimated trillion dollars in oil revenue, and since 2006, oil produced in Bayelsa generated over $150 billion for the Federal Government and billions for the international oil companies that operate its wells. On average, oil produced in Bayelsa is responsible for approximately $10 billion in government revenues per year.”


He noted that the state was encouraged by the revelation in the report that “in most advanced industrialised countries, two basic principles - ‘polluter pays’ and ‘no fault liability’ - form the cornerstone of the legal regime for regulating extractive industries. Taken together, they mean that those that own and operate facilities are responsible for the damage caused by their pollution even if they are not at fault.”


Describing the report as heartbreaking, he lamented that the magnitude of devastation across communities paints a grim picture of their survival.


Diri assured that a committee would be set up to look into the commission’s recommendations to ensure its implementation.


He re-echoed the commission’s recommendation of “concerted international action to generate and invest at least $12billion over 12 years to repair, remediate and restore the environmental and public health damage caused by oil and gas and to lay the foundations for Bayelsa’s just transition towards renewable energy and opportunities for alternative livelihoods” justifies our persistent claim for reparation."


Diri commended his predecessor, Senator Seriake Dickson, for his vision in establishing the commission in March 2018 as well as its chairman, John Tucker Mugabi Sentamu and his team for their exceptional work.


In his remarks, Dr John Sentamu, who is the former Archbishop of York, said the oil companies were negligent in their operations and called for the creation of an estimated $12 billion fund to support remediation efforts.


Also speaking, chairman of the Bayelsa State Traditional Rulers Council and Ibenanowei of Ekpetiama Kingdom, King Bubaraye Dakolo, who described the event as one of the greatest achievements in governance, said there was finally evidence to prove the devastation to both human and environmental health caused by oil and gas exploration and exploitation.


Members of the commission included the Director, of Politics and Governance, Overseas Development Institute, United Kingdom, Dr Kathryn Nwajiakwu-Dahou, Head of the School of Law, University of Bradford, United Kingdom, Prof. Engobo Emeseh, Department of Environmental and Urban Change, York University, Canada, Prof. Anna Zalik, Professor Emeritus, University of California, Berkeley, California and Long Term Non-Resident Fellow, Swedish Collegium for Advanced Study, Uppsala, Sweden, Prof. Michael Watts, and Coordinator, Social Action International, Dr Isaac Asume Osuoka.


Others are; Harvir Kaur Sanga from the BSOEC Secretariat, Head of Business and Human Rights and Deputy Programme Director, Amnesty International, United Kingdom, Mr Mark Dummet, Chairman, Human and Environment Development Agenda (HEDA), Olanrewaju Suraju as well as the Executive Director, Health of Mother Earth Foundation (HOMEF), Rev. Nnimmo Bassey, and environmental activist, Ms Annkio Briggs among others.

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