ENVIRONMENTAL | BUSINESS
Shell’s continued pollution of Nigeria’s Niger Delta
Oil spills, lawsuits, and the way forward
The Niger Delta is the delta of the Niger River that forms a vast intricate network of rivers, swamps, and wetlands near the Gulf of Guinea. For locals, the delta comes as a blessing because of its agricultural capabilities which provide their livelihood. Then, you have the abundance of natural oil and gas from the region that attracts oil corporations, such as Shell, which for the past 50 years has been polluting the Niger Delta with its oil spills.
A Brief History of Shell in Nigeria
Like most African and third-world countries, Nigeria relied solely on its agricultural industry to support its economy. This changed however in 1938 when The Royal Dutch Group started operations in Nigeria under the Shell D’Arcy name and was granted an exploration licence to search for oil throughout the country. Then in 1956, Shell D’Arcy started the first oil field for commercial use at Olobiri in the Niger Delta where oil exports soon followed.
The Pollution Problem
Amnesty International reported that since 2011, Shell has reported 1,010 spills, with 17.5 million litres of Shell’s oil being spilt into the Niger Delta. That’s about seven Olympic swimming pools. Such spillage has devastating effects on surrounding communities, something the people of Ogoniland already know.
This is because since 1970 two million barrels of oil were spilt on farmland and rivers of the south-eastern district. This had a direct impact on those who depend on farming and fishing for their livelihoods and that’s not even accounting for the myriad health issues which has lowered the life expectancy of locals from 51 years to 41 years.
Legal Action
Due to the damages oil spills cause to its land and its people, Nigeria’s courts have taken action to prosecute Shell. One example was when Shell was ordered by the Federal High Court in Port Harcourt, Nigeria to pay a “full and final settlement” of $111m to Ogoniland’s Ejama-Ebubu community to settle the 1967–70 Biafran war oil spill case, albeit 54 years later.
The people of Nigeria also have taken legal action against Shell such as in February earlier this year when over 13,000 residents from the Ogale and Bille communities in the Niger Delta filed claims against the oil industry giant. Mark Dummett, Amnesty International’s Head of Business and Human Rights, said that the residents asked Shell to “clean up oil spills which they say have wrecked their livelihoods, poisoned their wells, and polluted their land and water, which means they can no longer farm or fish”. Shell strongly denies any liability and plans to prolong the lawsuit until 2029, so that their claimants can no longer afford it.
Shell’s Response
To combat claims against them and protect its reputation, Shell has responded to conflicts regarding their oil spills in the Niger Delta through a combination of public statements, legal actions, and remediation efforts.
Sabotage and Theft: Shell has frequently pointed to sabotage and theft as reasons for the oil spills in the Niger Delta. In a 2018 Sustainability Report, Shell stated that 62% of the number of incidents of crude oil theft/spill volume was caused by sabotage of our facilities.
Legal Actions: In the case of the $111 million compensation order, Shell expressed its intention to appeal with a Shell spokesperson saying, “We are disappointed by today’s judgement and the earlier separate 2010 Federal High Court ruling on Bodo”.
Remediation Efforts: Shell has acknowledged the need for environmental remediation. In a press release from 2015, Shell announced plans to establish the Ogoniland Trust Fund, committing $1 billion to address environmental issues in the region.
However, it’s important to note that Shell’s responses to conflicts in the Niger Delta have been subject to scrutiny, with stakeholders holding differing views on the company’s level of responsibility and the effectiveness of its actions to address the impacts of oil spills in the region.
Regulatory Framework to Counter Oil Pollution
The role of Nigerian government agencies in regulating oil companies’ activities in the Niger Delta is significant but has been a subject of ongoing debate regarding their effectiveness in protecting the environment and local communities.
The Department of Petroleum Resources (DPR) is the Nigerian government agency responsible for regulating the oil and gas industry. They issue licenses, enforce regulations, and monitor compliance with environmental standards. However, critics argue that regulatory agencies have at times struggled to hold oil companies accountable for environmental damages, allowing ongoing pollution and oil spills to harm local communities and ecosystems.
While the regulatory framework to combat oil pollution is done internally in Nigeria, the country also has help from external, international human rights organisations such as Amnesty International. Amnesty International has played a vital role in advocating for the rights of local communities, like Ogale and Bille, affected by Shell’s oil spills in the Niger Delta. The organisation conducts investigations, documents human rights abuses, and raises awareness of environmental and social issues in the region.
Amnesty International has been particularly critical of both Shell and the Nigerian government for their handling of oil-related issues/cases in the Niger Delta.
The Way Forward
Addressing the oil pollution crisis in the Niger Delta requires immediate action and collaboration among stakeholders. It may be a hard job but there are solutions to this problem. Some of these include:
Improved Regulation: Increase regulatory oversight and enforcement, ensuring that Shell and other companies adhere to environmental standards. The Nigerian government should enhance the DPR’s capabilities for effective monitoring.
Community Engagement: Involve local communities in the decision-making and implementation of oil-related projects, promoting a sense of ownership and sustainable development with initiatives like the Global Memorandum of Understanding (GMoU).
Transparency and Accountability: Ensure transparency in reporting oil spills and hold companies accountable for violations. Collaborative efforts like the Niger Delta Partnership Initiative (NDPI) can foster transparency.
By implementing these solutions and drawing inspiration from successful initiatives, the Niger Delta can move toward a more sustainable and environmentally friendly future.
