[FULL REPORT]
Introduction:
The Environmental Rights Action/Friends of the Earth Nigeria [ERA/FoEN] received information from community folks in Koluama on Saturday 16th January2021 about a fresh oil spill on the Sea/Atlantic Ocean. Photos and video clips were promptly sent to ERA/FoEN, relating to the incident.
Community contacts told ERA/FoEN that the spill is suspected to have come from Chevron operated Funiwa Oilfield within the environment. After confirming the incident from different community sources, ERA/FoEN sent out an alert promptly which led to the first media reports on the incident; and plans for a follow up.
Following a protest by Youths of Koluama kingdom to the office of the Bayelsa State Government on Wednesday, 20th January, 2021; the Senior Special Assistant to the Governor on Oil and Gas, Chief Timi Seimeibo led a team of stakeholders to some of the affected communities, including Koluama 1 and 2, Sangana and Fish Town on 22nd and 26th January, 2021.The Stakeholders include the National Oil Spill Detection and Response Agency [NOSDRA], Department of Petroleum Resources [DPR], State Ministries of Environment and Mineral Resources, Department of State Security [DSS], KEFFES Development Foundation [KDF], ERA/FoEN and the Media.
Incidentally, all three oil companies operating within the environment of interest denied responsibility. Samples were collected by the regulators for laboratory analysis at Sangana shoreline. Attempts at access Conoil facility to collect oil sample was not successful [on 26th January 2021]. The second attempt to access Conoil by NOSDRA to collect oil sample for fingerprint [on 11th February 2021] was equally made impossible by the company.
Testimonies and Observations
On 20th January, 2021, ERA/FoEN met with one of the leaders of KDF in Yenagoa who revealed that, ‘’I think Conoil has owned up that it is their own [the spill]. It is Conoil’’.
When asked whether Chevron has sold off the Funiwa facility to Conoil, he said, ‘’ No, no. They are in the process of divesting but they haven’t. And just below them [Chevron], towards the shore we have Conoil, near Sangana. They have a facility called Aunty Julie; it is from Aunty Julie. I actually saw the over flight pictures of the spill on the 18th[Monday]. I got the report [of the incident] on Saturday and, so I took my pains to go on Sunday. I went with Tife Owolabi. We went straight to the Ocean but we couldn’t find the crude oil. But while we were floating on the Ocean [in the speedboat], fortunately a dead fish came up to the surface of the water right where we were. The fish, croaker [Onah, in Ijaw] came floating and it was captured on camera before we picked it.
We came with it to Yenagoa and I put it in my freeze. After we picked the dead fish, we had to call the community [from the Ocean] and informed that we didn’t see crude oil and that they should direct us if they know where we can find it. They told us the crude oil has entered the creeks. So we drove into the Creek and soon after we saw sheens and followed the sheen till we actually saw crude oil. And the whole of that stretch was just crude oil. So we took pictures and fetch some quantity before we went to the community. We have all those video evidence and everything.
Continuing, the KDF Official said, ‘’ When we returned to Yenagoa I thought of engaging Chevron; that I have gone and seen things myself and that there was really a spill incident, that the crude [oil] is all over. They talked to me, saying it wasn’t their spill. So, I urged that they should go beyond verbally saying it isn’t their spill; because I am interested in the identity of the crude. It was at that point they called me and showed me their over flight; that Sunday they did the over flight. They now showed me the over flight pictures; how the crude [oil] was all around Aunty Julie even on that Sunday…So, it is Conoil. It is not part of KEFFES, we do not cover the activities of Conoil. But because there is a spill, we can move in; as it can affect everybody.’’
VISIT TO IMPACTED COMMUNITIES BY STAKEHOLDERS
On the 22nd and 26th January, 2021, the Senior Special Assistant [SSA] to the Bayelsa State Governor on Oil and Gas, Chief Timi Seimiebo led other stakeholders to some impacted communities. The stakeholders include: NOSDRA, DPR [though they didn’t follow in the visit of 26th], State Ministries of Environment and Mineral Resources, ERA/FoEN, DSS, KEFFES, and Media. Communities visited on 22nd January, 2021 were Koluama 1 and Koluama 2.
On 26th January, 2021 Sangana and Fish Town were visited. And community folks expressed themselves about how they feel concerning what they described as incessant oil spills in their environment and attitude of the polluters. Placards carried by community folks, especially youths and women at Koluama was another way the people told their stories about the spill.
During the community visits, the SSA on Oil/Gas informed the communities that the main purpose of the visit was to ascertain if there was actually an oil spill, to see and hear from the people and take further steps like sample collection for laboratory analysis to get the fingerprint and identify the actual oil company concerned since all three companies operating in the area have denied responsibility. He assured the communities of the State Government’s resolve to get to the root of the incident by identifying the culprit and ensuring the needful is do at the end, hence they should remain calm. Apart from addressing the communities formally as a representative of the state government; he also spoke to the media while the visits lasted.
At Koluama 1: The Youth President of the community, Emmanuel Kiwei Philip said, ‘’ The reason why the youths, women and entire Koluama is here crying is because of the recent spill that occurred in the Koluama shoreline and in Koluama communities. We the Koluama youths especially, we are not happy with the operations of the oil companies, the multinationals that are in our territory. We are not happy, we are angry. There is no way a landlord will beg a tenant to be living in his territory. But as it stands right now it seems we the Koluama people are begging our tenants on how to live with them in our territory. And that will never be possible. One thing I want to tell the whole world is that the oil companies that are operating in Koluama clan here are not friendly with the people of Koluama. As it stands now, we don’t know which of the oil companies is responsible for the recent oil spill.
All the oil companies operating in our territory are denying; that the spill does not belong to them. And the Koluama people are feeling so bad about the people that we accommodate in our territory, because we took them as brothers but with their reaction to the recent oil spill it shows they don’t care about the people and environment where they are operating. All what they care about is about their operations. They don’t care about their host, in the field where they are operating. So many of our people are sick due to the oil spill, they are on their sick bed in their homes. Community folks cannot go out for fishing due to the spill. Already some fishing nets have been destroyed by the crude oil. Our major occupation is fishing; that is what the Koluama people are known for as means of livelihood. Due to the damaging impacts of the crude oil, since the spill occurred on the 16th of January 2021 our people cannot go out for their normal fishing till now.’’
Conoil Jack up barge suddenly comes to site
About three days before the SSA Oil/Gas led visit to Koluama, ERA/FoEN was informed by the Chairman of United Fishing Union of Sangana, Noel Ikonikumothat Conoil brought a Jackup rig to the environment where a spill occurred on 13th September, 2020. This was confirmed by the Secretary to the Sangana Chiefs Council during the team’s visit to Sangana; Chief Ayebatonye Zagiri.
In the words of the Secretary of the Sangana Chiefs Council, ‘’ Just last week, without notice Otis Jackup barge just rushed in and hung up at a location where our people suspected to be the spill point. They tried to do work over there. It was just yesterday, probably they heard of your coming for inspection or so; it was just yesterday nearly afternoon when they just left. We also identified it as Otis Jack up rig that propels itself. It does notneed vessels to pull it here or there. But this is Conoil field. Your coming to this community today is a kind of libration; a kind of libration that we have been waiting for. This thing [spill] has been tormenting us, damaging our fishing gears for close to 7 months, because it all started last year. The recent one of last week [the one reported to have occurred on 16th January 2021], just damaged and devastated our gears.’
Also speaking, the Chairman of United Fishing Union of Sangana, Noel Ikonikumo said ‘’ This is affecting us seriously, as our fishing materials have been contaminated. We cannot fish with fishing nets soiled with crude oil. If you get to the ocean, the moment you drop the net you see float crude oil from the net and that will send the smell to fishes around that place. All the fishes around will run away, and you won’t get any catch. You go to the creek you cannot see periwinkle to pick; all of them are dead. Everywhere, all our fishing areas have been polluted; we are down now. We are suffering seriously, and we need the government to intervene. Fishing is our occupation, so we cannot just remain without going out to try. Our means of survival now is to get a high-powered engine to go deeper into the ocean where you get your catch. That is how we are surviving. So, survival of the fittest is what is happening now. We that have low power engine, it is very difficult for us now. You cannot do that with low power engine.’’
Before leaving Sangana, the SSA to the Governor on Oil/Gas expressed himself thus ‘’ We came for inspection and collection of samples in connection with the oil spill. We are right now at the site. The entire coastline is condemned with crude oil. Dead fish and others [dead crabs] affected have been observed. We have seen it by ourselves, there is no doubt about it. Thank God NOSDRA has taken the samples. They will go and carry out laboratory test and we will get the result and we will get back to the communities affected. Like now I am in Sangana community, at the coast. We were in Koluama last week. What the people are saying is that these oil spills have affected them in terms of their health and means of livelihood. That is why they are demanding for health personnel to come and check them and to send relief materials. They are correct.’’
When asked if he thinks there is foul play by the oil companies, the SSA Oil/Gas replied thus ‘’ Very bigfoul play. If not, look at it; if there is a spill what stops you from own up and identify with the victims? They came and repaired it without even consulting DPR, without state government, with the aid of security personnel. Now you can see that we want to go to the place [Conoil oil facility], we cannot even access it. Right now, we are not narrowing down to any company, but all the IOCs within the territory. The laboratory analysis of samples will testify’’.
One of the expectations during the visit to Sangana was to access Conoil facility and collect crude oil sample to match with sample collected on the shoreline by NOSDRA. This is aimed at getting the fingerprint to confirm the source of crude oil. But access to the facility in the environment was denied.
Determined to follow this matter to logical conclusion, another trip was scheduled to visit Conoil facility with a view to get crude oil sample. And so, on 11thFebruary 2021 the team led by the SSA to the Governor on Oil and Gas visited Conoil’s facility in Koluama environment; onshore. But again, Conoil refused to cooperate with the investigative team; even when the regulators of the oil industry, NOSDRA [including Bayelsa State Ministry of Environment and Mineral Resources representatives] were part of the visiting team. Before leaving the company site to Yenagoa, the SSA on Oil/Gas to the Governor granted interview to the media.
When asked what he want the Federal Government to do, he said, ‘’ My appeal to the Federal Government is to order them [Conoil] to come and do the needful.’’
Another question was, ‘’ has the point of spill been clamped?’’. The SSA replied thus, ‘’ We are told that they have clamped it. It belong to Conoil, they have clamped it. They illegally entered the place and clamped it and ran away. We will find out the name of the rig.
On reaching here, due to network problem, I used my brother’s phone to be communicating with them. Unknown to them, they were think it was their staff’s number. The operational Director sent a mail, text message to the number. He said, allow them to take the sample, but please don’t involve in the collection of the sample. What does it indicate? That simply means that they are not allowing us to take it. We have the message. I will show it to the Governor. See how they are treating us. See how God caught them. I will show it to you. Yes, the text message came in as we are here. As we were communicating with them they were thinking it was their staff so they mistakenly sent the text; from the Operational Director. For them to decide not to be part of the sample collection means they don’t want to be involved in this investigation. Yes, Government lays claim to the Crude oil. And everybody knows that it is crude oil that feeds Nigeria, and feed the state. And that is what is used to pay the personnel, including the security and anybody.
They should know that this [pointing at the gas flaring facility behind him] is what we use to be paying their salaries. And see how they are treating us. By the time community come after them, they will send the military to kill our boys. We will stand tall to testify and defend our communities. We will defend them to the letter, in this particular case. The crude oil spill belongs to Conoil. It is very clear. They are just shading it. But it has shown to the world that the spill belongs to them.’’
The Secretary of Koluama kingdom Oil and Gas Committee, Jonathan Amabebe also spoke at the site.In his words, ‘’ You can see we are at Ango Field, owned by Conoil. I accompanied the government delegation, comprising the relevant agencies: NOSDRA, Ministry of Environment, Ministry of Mineral Resources, DPR, even security operatives from the DSS. And I, being a member of the Koluama Clan Oil and Gas Committee; is part of the team here. We only came here to collect sample, sponsored by the State Government. But on reaching here, we are being frustrated. They did not allow us to the wellheads where we could get the samples. Maybe what we need is just a simple drop of crude oil, and that is what they have refused us to collect.
We have been here all day. It has been Conoil’s routine in as much as I know. The world should also here it that the Koluama Clan has been trying to negotiate new MoU with Conoil, since the former one expired two years ago. They bluntly refused to come to the table. That is how they do things deliberately. What we are seeing here today, with all the memoirs from NOSDRA, DPR, State Ministry of Mineral Resources, SSA Oil and Gas TO Conoil, they have not remitted any, there is no correspondent sent to Ango field for us to just access the sample.
If they can do this to the host community and the state, then there is nothing that would come out of it if government would not come in to ensure the needful. If it means shutting down Conoil for them to comply, that would be highly welcomed by the people of Koluama and Bayelsans at large. I don’t know how to describe how I feel; I feel like weeping. But even if I weep, the tears from my eyes won’t make a difference; until the Federal Government steps in particularly the Minister of Petroleum as these things are directly under his watch.’’
OBSERVATION/CONCLUSION
Three Oil companies are operating within the environment of interest. These are Chevron, Conoil and First E&P. Two of these are indigenous oil companies, i.e. Conoil and First E&P. Chevron is an American oil company.
The issue of mystery spill most often than not, could exist only in marine environment. And, it is unfortunate that this spill has once again, exposed the oil companies operating in Nigeria as to how they play the oil politics; short changing host communities and those impacted by their operations. The good thing is that there is the fingerprint technology and, this presents another litmus test as to whether the Federal Government of Nigeria would allow this matter to be swept under the carpet. Interestingly during the visit to Sangana, NOSDRA took samples on the shoreline and elsewhere in the community.
A responsible government would take the bold step and follow this to logical conclusion. This, the Federal Government can do as a confidence building mechanism and in the interest of peace in the Niger Delta. This is more so, as Nigerian victims of the oil industry induced pollution are seeking justice outside the shore of the country. Rogue oil companies should be identified and punished.
During the visits of 22nd and 26th January 2021 by the fact-finding team, impacted fish nets were seen at Koluama 1 and 2, including samples of the crude oil collected by community folks at the waterfront of the community [Koluama 1].
Also, at Sangana, Crude oil washed ashore was observed all along the Coastline, including some dead fishes and crabs. These observations left no one in doubt that there was an oil spill in the environment. Sadly, and most regrettably; the oil companies operating in the environment offshore are trying to takeadvantage unduly of stakeholder’s offshore accessibility.
There is no doubt that if oil companies continue this way, more violent conflicts would erupt in the Niger Delta anytime. Only by acting responsibly that such conflicts can be averted. Trying to dodge responsibility knowingly is criminal and, any corporate body caught should be punished adequately to serve as deterrent to others. This is also why the NOSDRA Act should be amended to give bite to the regulator, as regulatory capture is unacceptable. The operators cannot self-regulate themselves.
ERA/FoEN was reliably informed that the Chevron had earlier indicated willingness to support the process of investigation. So far, the efforts of the Bayelsa State Government, NOSDRA, DPR and the DSS are commendable. At the end of the day, ERA/FoEN would want to see proper cleanup of impacted environment and adequate compensation to victims in all impacted coastline communities, as other communities not mentioned in this report have also protested the impact.
Pictures from the Sites of Interest
Community folks protest
Conoil’s Aunty Julie on fire in 2017
N/B: KEFFES represents: Koluama 1 and 2, Ekeni, Fish Town, Foropa, Ezetu and Sangana communities. They are grouped as Chevron Host communities with which the company goes into GMoU.
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