Environment
Pollution And Environmental Litigations’ Effects In N’Delta
The fact is that, it is only
few people that will dispute that environmental degradation is rampant throughout the oil producing region of Nigeria. Whether due to oil spills gas flaring, dumping of wastes associated with drilling artesenal refining or other related activities, the impacts on the environment and human livelihoods and health are widespread and severe.
Environmentally, the Niger Delta is sick and the inhabitants are poor. Moreover, there seems to be a rising tide of criminality and militancy in the region and this has made most communities, particularly in the riverine areas unsafe.
It is an obvious fact that the greatest casualties are the environment and the people.
It would be recalled that, in the past, the people of the Niger Delta have embarked on series of legal actions to seek redress on the pollution of their lands.
A publication recently released by the Centre for Environmental Human Rights And Development (CEHRD) revealed that over 38 environmental related cases have been prosecuted in the region since 1970.
The publication titled; “After Bodo: Effective Remedy And Recourse options for victims of environmental degradation related to oil extraction in Nigeria” showed that in many of these cases, the affected communities and individuals received compensations both monetarily and otherwise.
According to the report, the cases all bothered on pollution which include, pollution of water ways, and destruction of farmlands.
The first of these cases include; Mon Igara V. Shell BP 1970, San Ikpede V.SPDC PDC 1973, Atubie V. Shell BP PDC 1974 and Chinda v Shell BP PDC 1974.
Also mentioned in the report are; Umudje V. SPDC 1975, Nweke and others V. Nigerian Agip Oil Company in 1976. The report also said that in 1986, a number of oil companies were held liable in a case of crude oil pollution which occurred in the Calabar River and spread to Port Harcourt River damaging marine life and raffia palms.
Other cases also examined by the report includes; Nwadiaro V. SPDC 1990, Otoko V. SPDC, a case of oil spillage along the Andoni River 1990, SPDC V Ambah 1991, SPDC V. Enoch 1992 and Elf V. Opere Sillo 1994.
The publication also mentioned the cases of SPDC V. Farah 1995, SPDC V. Tiebo 1996, SPDC V. Amaro 2001, SPDC V. A. Otelemaba Max, SPDC V. Isaiah 2001, Mobil V. Monokpo 2003, SPDC V. Edamkue 2003 and NNPC V. Sele 2004.
The rest are; Gbemre V. SPDC seeking a declaration to stop gas flaring in 2007, Phyne V. SPDC 2006, Firibed V. SPDC also in 2006.
Also are Agadia and Uruesheyi SPDC .V. SPDC 2006, Chief Omu and others V. SPDC V. Ohaka 2008, Agbara V. SPDC 2001 – 2010 SPDC V. John 2011, John Holt Krebale and others V. SPDC and Barizaa M. T. Dooh V SPDC in 2012.
The report further mentioned other cases such as Ogbodo V. SPDC 2011, Batan, Delta State V. SPDC, Bodo Community V. SPDC, SERAP V. Federal Republic of Nigeria and the Bonga Oil Field coast of the Niger Delta.
The report which dwelt extensively on the Bodo V. SPDC case described it as the most successful.
According to the report, the well studied and highly publicized Bodo V. Shell cases began with two large spills in August and December 2008 affecting thousands of fishermen and farmers in Bodo and neighbouring communities.
“The oil company’s response to the spill was slow and it infact admitted liability”.
It noted that the case which greatly benefitted from legal expertise and scientific evidence led to an out of court settlement in which a whooping sum of 83.3 million dollars was paid to the communities.
Commenting on the report in an interview with The Tide, a Director in the Centre for Environment Human Rights and Development (CCHRD) Mr Laurent Dube, said that getting Justice for the communities have always been problematic except the case of Bodo.
Mr Dube said that, the situation shows the level of resistance to environmental pollution in the Niger Delta, adding that the resistance will continue for a longer time to come until the oil companies change their strategies in their operations.
The overall impacts was that while some of these communities got compensations, others never received any compensations.
The report also revealed that, some loop holes in our Judicial System were exploited by the companies to deny the communities of their rights. A case or point was that of Gbemre V. SPDC in Delta State, in which a declaratory injunction was sought for the stoppage of gas flaring on the Niger Delta by April 30 2007.
The Tide learnt that in the same year, the Judge was transferred to another court and the court file went missing.
SPDC however obtained a court order, thereby further delaying compliance and currently ruling has not been enforced.
The effect is that the non enforcement of the ruling has made gas flaring a common phenomenon in the Niger delta.
In the other cases, although compensations have been paid to the communities, but that has not stopped the companies from further polluting the environment.
An environmentalist, in the Niger Delta, Mr Thomas Ikaraba told The Tide in an interview that, the impacts of these litigations are yet to be felt in the region as after monetary compensations, the environment are left un-cleaned.
Mr Ikaraba cited the case of Bodo, where individuals and families received monies, but the community is yet to be clean up.
He urged for legislations that will make it crime for companies not to clean up polluted sites after paying compensations.
He views were also shared by across section of environmental Right Activities in the region.
In summary, the report showed the level of resistance by the people to pollution in the Niger Delta and the probable impacts.
An oil spill polluted site in the Niger Delta
Some residents of Port Harcourt and its environs have reacted to the impending flooding in parts of the country, including Rivers state.
It would be recalled that the federal government last week predicted flooding in some states in the country, including Rivers State.
A cross session of residents who spoke to The Tide on the issue said time has come for residents to be careful about the way they managed their waste, especially at this time of the year.
According to them, people must avoid blocking water channels as well as indiscriminate dumping of waste into water channels.
Speaking with The Tide, an Environmentalist, Elder Blessing Jackson Tiko, called for caution by residents of Port Harcourt and its environs
Tiko who was a former deputy operational officer Phalga Environmental Sanitation Taskforce, said people must be conscious of the way and manner that they manage their waste.
“We know that we have the rain and if you watch it is coming especially this month of July,it would rain and rain and rain
“We have to be very conscious of how we manage our environmental system, the way we throw our waste and how we evacuate it so that every where will be open for water to move freely
“Water doesn’t want blockage, water wants free flow, ’he said
Tiko urged state governments to liaise with the federal government and development agencies to dredge and open up river channels to enable Water move freely.
He particularly called on the Niger Delta Basine Development Authority and the Niger Delta Development Commission to liaise with state governments in the quest to end flooding in the states.
Also speaking, Mrs. Alice. A. Alabo a trader at Mile 3 Port Harcourt, urged the state government to do something on the constant flooding at the Abuja bypass in Mile 3 Diobu, Port Harcourt,
She said the bypass is always flooded at every little rainfalls stressing that something must be done about it.
Alabo also told The Tide Correspondents that the Abuja bypass has no receptacles and called on the management of the Rivers State Waste Management Agency to provide receptacles for the people, to ensure proper waste disposal in the area.
“The government should provide us with receptacles for us to properly place our waste which is causing the flooding in the area.
A shop owner Dickey, Livia Marko lemanted the incessant flooding along the Abuja bypass, adding that the situation is affecting their businesses.
“We have been begging the Rivers State Government and the local government to come to our aid.
“The Ego Line Progressive Union contributes N10,000 every year to make sure that we evacuate the drainage.
“We called the Hausa boys to come and clean from the beginning to the end of the tunnel which leads to the Interwoba
“So immediately after each rainfall within 10 minutes it will dry otherwise we cannot stay in our shop.
“I am begging the government to come to our rescue, even if they want to open the gutter or canal. It will help in preventing the flooding or they should clean the gutters starting from Ikwerre Road to the Interwoba axis”, he said
On his part,Mr. Ajaka Olawa, lamented that the flooding in Timber area by Abuja bypass area is so terrible that no businesses can easily be carried on in the area.
He blamed it on the continuous blockage of drainages
. “I can’t remember the last time the government came to clean the drainage, so when it rains we find it difficult to stay here.
“Some of our shops are wet because of the flooding. And if the rain falls heavily, we pack our goods. If not. they get damaged, and I am expecting this message to reach the government for them to do something about it”
“The people, the government gives the job are not being followed up, that’s why the road is still looking bad,
“The government is trying, but they should put more effort to make sure that the jobs are being carried out.
Also, Mr. Chukuma said, during the flooding along Abuja bypass by Timber, no activities take place.
He said that if rain falls, either little or heavy, none can use the road because the road will be inundated by water. Sometimes it takes two to three days for the water to dry.
According to him, eight years ago, the former governor was here to see things for himself, but nothing happened till he left office.
By: Victoria Gilbert / Ossia Victory
Following the rising impact of toxic waste in the Niger Delta communities in Nigeria, an Ecological Think Tank, Health of Mother Earth Foundation, HOMEF, has urged oil-producing communities in the region to monitor their environment and report incidents of pollution or other environmental hazards in real time to appropriate authorities.
The Project Manager, Communities and Culture, HOMEF, Cadmus Atake gave the advice last Friday during a Community Environmental Monitoring Training for the people of Nembe, Town-Brass in Bayelsa and Eastern Obolo, Akwa Ibom States respectively which was held in Eket Local Government Area of Akwa Ibom State.
Atake said though the extractive activities of oil companies have impacted negatively on the communities, the people still have a role to play in protecting the environment by not throwing plastics in the water bodies or engaging in activities inimical to the environment.
He said, “The purpose is to train the people on how they can monitor their environment that has been impacted by extractive activities, for them to observe the changes that occur in their environment and things they see when they go out to fish.”
Atake also harped on the need for documentation and reporting of the identified environmental challenges or pollution, saying that monitoring without reporting would be an effort in futility even as he tasked them with the accuracy, authenticity and originality of data without any mutilation.
He encouraged people to use mobile phones to take real-time photos and videos without editing the images in the case of pollution or oil spills.
His words, “Reporting is an essential aspect of any monitoring activity. It affords the opportunities to track the activity and its impacts. It makes an activity visible and draws attention to it. Also, it helps to identify associated risks and to know the required controls and learning outcomes needed to prevent the reoccurrence of failures of an activity. No monitoring exercise is complete without a report of observations and a point of action.
“You must identify what caused the pollution, state the name of the community and landmark and if possible, use GPS, time and date the pollution was observed.”
One of the participants, OmusuoDieworio from Bayelsa State noted that apart from the activities of the multinationals, the people have contributed to the disappearance of fishes in the rivers by dumping refuse and plastic wastes inside the river which posed a great threat to fishes even as he urged community leaders to promulgate laws prohibiting that and the youth leaders to ensure the enforcement.
“Our people should be sensitized on the hazards of toxic waste. We should put laws that are binding on us. Our fishermen should discipline themselves enough after drinking sachet water eating should not drop the waterproof inside the water. They should also be discouraged from using dynamite and other chemicals for fishing as all these are harmful to both the aquatic animals and human beings that will consume it.” He said.
Speaking on the Petroleum Industry Act, PIA, UmoIsua-Ikoh of the Peace Pact Development Foundation, said the provision in the PIA where the community should forfeit its 3% development fund in case of pipeline vandalism criminalizes the community and should be expunged noting that no community will agree to vandalize pipeline but an individual or a criminal.
He said they should go after anyone who vandalises pipelines and not make the entire community bear the brunt of one person.
On his part, Stephen Oduware, the Program Manager at Fossil Politics, called on the communities to network with CSOs, CBOs, doctors, lawyers, media especially those from their communities and other community members who have the community at heart to advocate at all fronts.
“The community people should partner with CSOs, CBOs so that they will be able to advocate from all fronts from the health implication of this pollution from the legal and human right violations as a result of this pollution, land grabbing and then they will be able to get well-researched works from the academics, we believe that with this network they will be able to push for the justice they needed.” He said.
The Delta State Govern-
ment says it is working hard to tackle the issue of climate change in the state.
Special Adviser to the state Governor on Sustainable Development Goals) (SDGs, Lady Diana Eyo _Enoette, said this in an interview with newsmen during the launching of Green City Project in Port Harcourt.
She said the government was doing this by raising awareness on the impact of climate change in the State and also control the indiscriminate dumping of waste across the State.
Eye-Emoette said government has also setup scouts across the State to embark on tree planting campaign in all nooks and crannies of Delta State.
She said time has come for governments across the Niger Delta region to create more awareness on climate change, adding that continuous human activities in the region have made it vulnerable to climate change
Diana described her government as a leading voice on climate change as far as the Niger Delta region is concerned and stressed the need for other governments in the region to follow suit.
She said Green City’s initiatives have become a potent weapon in fighting climate change, stressing that the initiative is coming at the appropriate time.
The special advise said governments across the country should key into the green city’s projects inorder to reduce carbon emissions into the atmosphere.
Meanwhile, a university teacher, Professor Magnus Onuoha, has called for conscious efforts by governments across Africa to check carbon emissions.
The university teacher also described the green city’s initiatives as a safe avenue for emerging cities in Africa.
Prof Onuoha, who spoke via videophone described the project as innovative, adding that climate change is real and no longer fallacies.
According to him “it is glaringly telling on our faces and the possibility of it going away is not there”.
He said.
By: John Bibor