August 4th, 2011
Press Release
UNEP Report Vindicates Our Position But Falls Short of Ogoni Expectations
The Movement for the Survival of the Ogoni People (MOSOP)
has reacted to today’s
presentation/launch of the UNEP Environmental Assessment Study of Ogoniland.
MOSOP welcomes the release of the Report after its long delay, which has raised a lot of apprehension
amongst the Ogoni people and our supporters.
Whilst MOSOP has consistently expressed concern that in spite of the fact that we championed the
agitation for environmental audit and clean up of Ogoni and indeed was nominated to serve on the
Presidential Implementation Committee on the project, we and the generality of the Ogoni people have
been excluded from the processes leading to the released Report with the result that the process was being
driven by the polluter, Shell, including the weak government agencies , DPR and NOSDRA, we note
with some relief that the Report has vindicated the position we have held that our environment has been
devastated by a succession of oil spills since the inception of oil exploitation on our land.
However, after 4 years and $10 million spent on this project, MOSOP finds it truly outrageous that in so
far as the Report, in essence, simply tells us what we already knew- that oil exploitation has caused
extensive environmental damage in our land, Shell may have just been able to buy, with a study - 4 years
of doing absolutely nothing to correct its mess in Ogoniland and the Niger delta region
MOSOP have consistently held the view that what is needed and the Ogoni expectation is the cleanup of
our devastated environment and not a mere study to tell us what we know, and it is in this wise that we
applaud and support the call for immediate setting up of a $1 billion Ogoni Environmental Restoration
fund, the setting up of an Integrated Contaminated Soil management Centre as well as a Centre of
Excellence in Environmental Restoration in Ogoniland if only make the point that the non violent
approach which the Ogoni people have adopted, and not only violence that can receive positive
response in Nigeria MOSOP also call for an apology from Shell.
Considering the extent and recurring nature of the now scientifically proven damage, it is our view that
one other positive use that the Government should immediately make of the Report which confirms that
Shell has consistently and wilfully violated extant Nigerian laws, is to apply the appropriate statutory
sanctions which under Paragraph 25(1) (a)(iii) of the Regulations made pursuant to section 2(3) of the
Petroleum Act is revocation of any oil prospecting licence or oil mining lease which is not conducted with
good oil field practice. MOSOP therefore calls on the government to revoke Shell’s licence for persistent
failure to abide by extant industry regulations.i
Signed:
Ledum Mitee
President
President: Ledum Mitee; Deputy President: Dr. Olua Kamalu;
Acting-Secretary-General: Moses Damgbor; Financial Secretary: Fortune Chujor; Treasurer: Daniel Nsanee;
Publicity Secretary: Emmanuel Ebeh; Legal Adviser: Samuel Igbara
i
The Nigerian Petroleum and Production Regulations (implementing the Petroleum Act ) require companies
to:
adopt all practical precautions including the provision of up-to-date equipment (in order to prevent pollution
, and if pollution does occur must take) ‘prompt steps to control and if possible,
These regulations also require companies operating in Nigeria to prevent:
‘the escape or avoidable waste of petroleum’, (and to cause) ‘as little damage as possible tot he surface of the
relevant area and to the trees, crops, buildings, structures, and other property thereon.’
the Nigerian Department of Petroleum Resources (DPR) further expanded these requirements in 1991 when
they instituted the Environmental Guidelines and Standards for the Petroleum Industry in Nigeria
(EGASPIN), which was revised and updated again in 2002. EGASPIN confirms that oil and gas operations in
Nigeria are governed by the Nigerian Petroleum Act and subsequent federal legislation (NG-EGASPIN 2002).
Regarding oil spill response, EGASPIN (p. 148) states, among other things:
‘Clean-up shall commence within 24 hours of the occurrence of the spill.’
‘For inland waters/wetland, the lone option for cleaning spills shall be complete containment and
mechanical/manual removal. it shall be required that these clean-up methods be adopted until there shall be
no more visible sheen of oil on the water.’
EGASPIN stipulates that oil contamination of soil, sediment and surface water may not exceed specified
levels that are consistent with internationally recognized standards for maximum levels of oil pollution.