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Shell, Amnesty Disagree Over Spills Response Allegations
The Shell Petroleum Development Company of Nigeria Ltd (SPDC) and Amnesty International have disagreed over allegations by the international human right watchdog that Shell and Eni were not deploying the best industry strategies in managing oil spills in the Niger Delta region.
While Amnesty International, last Friday accused the oil companies of negligence when addressing spills in the country, Shell, yesterday, denied the allegations of environmental mismanagement in the Niger Delta, reiterating its commitment to swift response to oil spill incidents as much as access and security conditions permit teams to mobilise and deploy to spill sites to investigate, clean up and remediate such areas.
The company said that this is in addition to deploying technology and best practice to make it more difficult for unauthorised persons to break pipelines and steal crude oil from its facilities.
Reacting to the Amnesty allegations in a statement made available to The Tide in Port Harcourt, yesterday, Shell’s Media Relations Manager, Bamidele Odugbesan, quoted General Manager, External Relations, Igo Weli, as saying, “SPDC, in collaboration with government regulators, responds swiftly to spill incidents as quickly as it can and cleans up spills from its facilities regardless of the cause.
“We regularly test our emergency spill response procedures and capability to ensure staff and contractors can respond rapidly to an incident. However, response to spills, clean-up and remediation depend on access to the spill site and ultimately on the security of personnel and equipment while work is ongoing,” Weli added.
He said Amnesty International’s allegations were false, without merit and fails to recognise the complex environment in which the company operates where security, a sole prerogative of government, remains a major concern with persisting incidents of criminality, kidnapping, vandalism, threats from self-described militant groups, among others.
Weli said the transparency in the online reporting of spill incidents by SPDC in its areas of since 2011, which Amnesty International itself acknowledged, demonstrates its commitment to creating awareness and enhancing collaboration with key stakeholders on oil spill response and clean-up processes and deepening understanding of the complex and challenging operating environment.
“SPDC reiterates its commitment to carrying out operations in line with best practice in a responsible and environment-friendly manner,” he added.
Investigations show that over the years, SPDC, the operator of a joint venture between the government-owned Nigerian National Petroleum Corporation (NNPC), SPDC, Total E&P Nigeria Ltd and the ENI subsidiary Nigerian Agip Oil Company Limited, has sustained air and ground surveillance as well as anti-theft mechanisms on equipment and pipelines to mitigate third-party interference and ensure that spills are detected and responded to as quickly as possible.
The company conducts daily over-flights of its pipeline network to identify any new spill incidents or illegal activities, and installed state-of-the-art high definition camera to a specialised helicopter that greatly improves the surveillance of our assets.
SPDC also works diligently to develop new hardware barriers and technologies to detect and prevent oil theft, sabotage, criminality and other types of third party interference that cause environmental damage, participating in industrial organisations in Nigeria as well as internationally to share best practices.
Investigations reveal that despite these and other efforts, criminals still target oil and gas infrastructure, causing spills.
However, the company explained it was continuing to focus attention on the detrimental impact of these activities on people, the economy and environment in engagements with the media, government officials, diplomats and community people.
It would be recalled that the London-based human rights group, had described the oil majors’ action as “serious negligence,” saying that they were “taking weeks to respond to reports of spills and publishing misleading information about the cause and severity of spills, which may result in communities not receiving compensation.”
Amnesty said the evidence of the negligence was exposed by a research project, adding that the oil giants’ “irresponsible approach to oil spills in the Niger Delta is exacerbating an environmental crisis.”
The Business and Human Rights Researcher, Amnesty International, Mark Dummett, said “Shell and Eni claim they are doing everything they can to prevent oil spills but Decoders’ research suggests otherwise. They found that the companies often ignore reports of oil spills for months on end; on one occasion, Eni took more than a year to respond”.
Amnesty International asked the Nigerian government to re-open investigations into 89 oil spills.
An Eni spokeswoman was quoted as saying that the rights group’s statements “are not correct and, in some cases, not acceptable,” adding it had provided a detailed response to Amnesty’s allegations.
Shell and Eni have for decades been two of the most active oil majors operating in the Niger Delta region.
Nigeria’s crude-producing heartland is an ecological disaster zone, scarred by decades of spills that have tainted the water and killed swathes of trees and other plants.
Yet, clean-ups and the associated compensation are highly contentious, with some local communities even blocking teams’ access to spill sites, allowing the damage to worsen, in the hope of extracting a bigger pay-out.
Under Nigerian law, companies must visit sites within 24 hours of reporting a spill.
Amnesty said that in one case, Italy’s Eni took more than a year to respond to a spill in Bayelsa State.
Susan Serekara-Nwikhana
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.