FG Slams N1.3tn Claim on Shell for Bonga Spill

Muhammadu Buhari

President Muhammadu Buhari has authorised  the  Attorney General of Federation (AGF) and Minister for Justice and National Oil Spill Detection and Response Agency (NOSDRA)   to commence legal action against  Shell Nigeria Exploration and Production Company  on behalf of 350 communities in Delta and Bayelsa States affected by Bonga Oil spills of 20  December 2011.

The country is  demanding  N784billion as compensation for oil spill that destroyed the affected communities.
The Nigerian government, according to The News,  is also demanding another  sum of N495billion  as restitution and restoration of the devastation of the economic zone of  the Nigeria territorial waters, and N50million as cost of this legal action.

Joined as co-defendants in the  legal battle are, Shell Petroleum N.V, B.V Netherlandse International Indusrie-E Handel Maatschappij, Shell Transport and Trading Company Plc and Royal Dutch Shell Plc, which are all allied companies of Shell Nigeria Exploration and Production Company.

A Deputy Director, Oil Field Assessment Department of, NOSDRA, Mr. Akindele Olubunmi, in an affidavit filed at the Federal High Court Abuja, said he  had the consent and the authority of, President Buhari, AGF and the Director General of NOSDRA to bring  the legal action  in relation to the damage and devastation done to the exclusive economic zone, ecosystem, marine life, and the environment caused by Bonga crude oil spills of December 20, 2011.
A Lagos lawyer,  Awosika Dada Adekunle, is handling the case.

The Nigerian government alongside, NOSDRA are also suing in order to protect the interest of fishermen and persons affected by the Bonga crude oil spill numbering about 285,000 persons from 350 communities and satellite villages with their consent to institute this suit.

Olubunmi averred that around  December 20, 2011, Shell in the course of their oil and gas exploration activities within OML 118 approximately 120 kilometres off the coast of Guinea, recorded a record oil spill.

This happened when the  export line linking their Float Production Storage and Offloading (FPSO) vessel at their Bonga Field deep offshore, which was  supplying crude oil to a tanker (MV NORTHIA), ruptured thereby spewed out crude oil into the sea.  The incident was reported to the federal government that same day through NOSDRA.

The defendants admitted spewing out 40,000 barrels of crude oil into the sea, causing devastation and degradation of the aquatic life, marine environment including the territorial waters of Nigeria along Niger Delta axis and destroying the sea beds and aquatic lives in the continental shelf within the Nigeria exclusive  economic zone. There were severe disruptions to communities, persons, properties and lives of people in the shoreline area as a result of the spill.

The plaintiffs, inaugurated consultants and expert, in collaboration with other stakeholders including, the Nigeria Maritime Administration and Safety Agency (NIMASA), National Assembly Committee on Environment and Ecology to carry out the mapping area that suffered economic losses and damages.

Aftermath of all the investigations and in line with their statutory duties and obligations, the plaintiffs notified the defendants of their decision to pay $3,600,191,206. representing compensation to the 350 communities and satellite villages impacted by the Bonga oil spill disaster and punitive damage which is to be paid to the plaintiffs as sanction totaling $1.8 billion from the said sum to deter occurrence of such dastardly act

However, it was alleged that despite the facts that the defendants have processed and received insurance claims for the crude oil spillage that occurred at OML 118 Bonga Oil Field on December 20,2011,the defendants have refused and neglected to pay compensation, punitive damage and cost of restoration, restitution and redemption of the environment statutorily assessed by the plaintiffs.

The plaintiffs punitive compensation was adopted after the United States Supreme Court decision of June 25, 2008, against Exxon Valdez in Wallings Versus Waillings and in line with international best practices as it has been seen in other climes like Equadorian court awarded $9.5billion against Chevron Corporation and most recently in the United States of America, British Petroleum in April 2011 settled and agreed to pay $20billion oil spill at Gulf of Mexico to be shared among various communities directly impacted by the disaster.

Consequently, the plaintiffs are now seeking the following reliefs from the court
*An order directing the defendants to pay the sum of N712.8 billion   to the plaintiffs as compensation to the affected communities

*An order directing the defendants to pay the sum of N71.2 billion representing administrative costs and fees to the consultants and experts engaged to carry out damage assessment.

*An order directing the defendants to pay to the plaintiffs the sum of N495 Billion for restitution and restoration of the damage and devastation of the Nigeria territorial waters occasioned by the negligent conduct of the defendants

*An order of the court directing the defendants jointly and severally to pay the plaintiffs N50million as cost of this legal. action.

Meanwhile, based on an application filed and argued before the court by plaintiffs counsel, Mr. Dada Awosika, seeking the order of the court to serve court process on four of the defendants who are based outside the country,  Justice Binta Murtala Nyako  adjourned the case to June 6, 2016.

She ordered that all the court process in the case should be served on Shell Petroleum N.V,B.V Netherlandse International indusrie-e handel Maatschappij, the Royal Transcorp and Trading Company Plc and Royal Dutch PlLC.

Culled from Thisday