Desperate For Justice, Diri Reports Fleeing Oil Firms To Commonwealth, Mulls Legal Action
4 min readAngered by the attitude of oil firms who have decided to leave Bayelsa and other Niger Delta states without adequately compensating the oil bearing communities after years of exploration activities, Bayelsa State governor, Senator Douye Diri has approached the Secretary-General of the Commonwealth , Baroness Patricia Scotland for intervention.
Diri who seems ready for a fight with the oil majors for what he considers a grievous sin against the people and lands of Bayelsa State said on Thursday in London, that whereas he would prefer to dialogue with the oil companies on the matter, he may be forced to take legal actions if the jaw-jaw approach fails.
He told the commonwealth scribe that there was an urgent need to implement the report of the Bayelsa State Oil and Environmental Commission (BSOEC) titled: “An Environmental Genocide: Counting the Humanitarian and Environmental Cost of Oil in Bayelsa, Nigeria,”
The 216-page report of the commission, which was chaired by the former Archbishop of York, Lord John Sentamu, was launched in May 2023 at the House of Lords in London. Same report was presented to Scotland during the report.
While presenting the report, according to a statement by Mr Daniel Alabrah who was with the governor during the London visit, the governor maintained that that international oil companies operating in Bayelsa were divesting and exiting the Niger Delta without any concrete plan to remediate and compensate host communities polluted by their exploration activities.
Diri also faulted the 13 per cent derivation to oil-producing states and the federal laws on oil and gas exploration in Nigeria and appealed to the Commonwealth to support efforts to address the environmental injustice that oil-bearing communities had been subjected to.
He said: “The Commonwealth’s dedication to environmental protection is crucial, and we are eager to collaborate in addressing these pressing issues together. We are here because we can achieve so much in terms of the environmental challenges we face by collaborating with your office.
“We are also here because your intervention will attract the attention of our federal government back home. The recommendations of the BSOEC report will be implemented not only by our state but there are also aspects that require our federal government’s action. As a sub-national government, there is little we can do to ensure the implementation of this report. The oil and gas resources underneath our soil belong to the federal government.
“Bayelsa State has endured catastrophic environmental degradation due to decades of oil exploration, transforming our once vibrant region into one of the most polluted places on earth.
“The health implications for our people are severe, with reduced life expectancy and increased neonatal deaths. We cannot ignore the human cost of this environmental crisis. I often wonder if the oil underneath our soil had become a curse or a blessing.”
He expressed the state’s concern about Shell’s planned divestment from its onshore operations.
“It is imperative that this transition does not allow the company to walk away from the environmental devastation it has caused over the years.
“We urge Shell to commit to a comprehensive clean-up and remediation plan before exiting, ensuring that the people of Bayelsa are not left to shoulder the burden of this disaster alone.
“We expect that a responsible international business organisation such as Shell would set aside funds to restore the environment in advance of its divestment.”
He noted that the state government had previously reached a negotiated settlement with Shell on dispute issues that involved tenement rates for the Gbarain gas processing facility and looks forward to opening similar discussions on this issue.
“We are also exploring legal avenues to halt Shell’s divestment until adequate measures for environmental restoration are firmly in place. We must protect our communities and their future,” he said.
In their remarks, Lord Sentamu, another BSOEC member, Dr. Kathryn Nwajiaku-Dahou, and chairman of the Bayelsa State Traditional Rulers Council, King Bubaraye Dakolo, urged the Commonwealth to take steps to halt the “environmental genocide” in Bayelsa in particular and the Niger Delta in general.
They reasoned that the continued crude oil pollution of rivers and the flaring of gas constituted “landmines” to the health and livelihoods of people of the state and the region.
The Bayelsa State Attorney-General and Commissioner for Justice, Mr. Biriyai Dambo SAN, who also spoke, highlighted the inadequacies in the Petroleum Industry Act 2021 in addressing the issue of environmental degradation and compensation for host communities.
Dambo said the PIA centralises control of the oil and gas sector, reinforcing the Federal Government’s authority over natural resources, with minimal consideration for the needs and rights of communities and states where the resources are located.
“The lack of substantial decision-making power for local communities and state governments further entrenches their marginalisation and leaves little room for states to influence policy, or benefit from the resources extracted within their borders,” he said.
Responding, the Commonwealth Secretary-General, Baroness Scotland, thanked the governor and his delegation for the visit, their presentation and the report, which she said had shed more light on the oil-rated issues in Nigeria and Bayelsa.
She noted that oil exploration in Nigeria presented an interesting scenario as the federal government holds majority stakes in the joint venture arrangement in place.
“So this is not only about Shell alone. This is something that is politically complex and as an institution it is essential for us to promote best practices, which in this case can be found in the Oil and Gas Decommissioning toolkit that we have developed. And through the promulgation of best practices, it can help to provide better clarity when the conversations with the Nigerian federal government take place.
“It can also help in relation to regulation and when dealing with offsetting the threats that might arise from the multi-lateral and multinational companies.”