NPSC/NNPC Face Sanctions Over Oil Spill Violations As Gbaramatu Communities Petition NOSDRA

Some Gbaramatu communities in Delta State have petitioned the National Oil Spill Detection and Response Agency (NOSDRA) to investigate and sanction the Nigerian Pipelines Storage Company Limited (NPSC) and Nigerian National Petroleum Company Limited (NNPC) for violating oil spill cleanup laws.

BIGPEN NIGERIA (https://bigpenngr.com) had reported that on August 10, 2024, an oil spill occurred at the NPSC/NNPCL Escravos to Warri crude oil truckline in Atanba, affecting several communities, including Oporoza, Okpele-Ama/Tebujor and Ikpokpo.

The communities, in a petition by Eric Omare, principal partner, Eric K. Omare law firm, on behest of Messrs Godwin Fibade, Lucky Bebenimibo, Elisah Odudu, Theophilus Emotimide, Mackson Ode, Jonathan Micah, Christopher Mala, Shadrach Tangbe, Sufficient Kpefe, Profit Omula and Precious Racce, on Tuesday, claimed that NPSC/NNPC failed to report the spill within 24 hours and instead repaired the spill point without conducting a joint investigation visit (JIV) or cleanup.

The communities alleged the use of unapproved dispersants by NPSC/NNPC which has exacerbated the environmental damage, and impacted on their only source of livelihoods.

Omare, (Eqs.), in the petition said; “Sequel to their public protest, officials of your agency led by the Warri Zonal Head, Nigerian Pipelines and Storage Company Limited and communities representatives, visited the site on the 2nd day of September, 2024 but we were surprised that on getting to the site of the spillage, it was discovered that NPSCL through its pipeline maintenance contractor, Pipeline Infrastructure Nigeria Limited had repaired the spill point without a JIV and buried it.

According to him, miffed by NPSCL’s repair and burying of the spill point, without conducting a Joint Investigation Visit (JIV), which the communities protested about, the JIV team, led by NOSDRA’s Warri Zonal Head, decided that the spill point should be excavated to determine the actual situation within a week.

It was gathered that the JIV team, following the development declared the JIV on the spill incident inconclusive, and agreed to wrap up within a week.

However, that deadline expired on September 9, 2024, and despite multiple attempts by the affected communities to contact Nigerian Pipelines Storage Company Limited (NPSC) officials, the JIV remains unfinished.

Omare said that the JIV’s incomplete status has hindered efforts to determine the full extent of the damage and implement necessary remedial actions, expressing worries that instead of the NPSC to work with the communities, NOSDRA and other relevant regulatory agencies to conclude the JIV and take steps to ameliorate the effect of the spillage and compensate persons affected by the spillage, “the NPSC is frustrating all effects at concluding the JIV”.

“Our clients can no longer fish to earn a living, suffering gas suffocation from the spill site and other associated health hazards… The water has been polluted by crude spilled into the environment”, Omare said.

He said that their only source of water which they rely on to carry out daily human activities, has been polluted by the spillage.

The petition which was copied MD of NPSC, the Zonal Head, NOSDRA Warri zonal office, the Area Manager, NPSC, Ekpan, the zonal Director, Delta State Ministry of Environment, Warri, reads; “We state that the conduct of NPSC is in violation of the provisions of sections 6(2) and 6 (3) of the NOSDRA Act which requires an oil spiller to report cases of oil spillage within 24 hours in writing and take further steps to clean up the impacted site including remediation before repair of the spill point.

“In addition, NPSC/NNPC is also in violation of the law by using its surveillance workers to use unapproved dispersants to clean up the impacted site without a JIV and NOSDRA approval contrary to section 19(1)(h) of the NOSDRA Act.

According to the Act; “The Agency shall expeditiously process and grant approval for any request made to it by an oil spiller for the use of approved dispersant or the application of any other technology considered vital in ameliorating the effect of an oil spill”.

Continuing, Omare averred that by the provision, an oil spiller such as NPSC/NNPC cannot use any dispersant or technology to clean up a spilled site without the approval of NOSDRA contrary to what was done in the spill under reference.

The communities demand NPSC/NNPC be sanctioned with a fine of ₦500,000 to ₦1,000,000 for each day of non-compliance since August 10, 2024. They also request compensation for affected communities and cleanup of impacted areas.

We, therefore, demand that NPSC/NNPC be sanctioned by application of the penalty provided for under section 6 of the NOSDRA Act on payment of Five Hundred Thousand Naira (500,000.00) and One Million Niara (1,000,000.00) respectively for every day of failure to report an oil spill and clean up the impacted area from the 10th day of August, 2024 till any date they comply to serve as a deterrent to other corporate violators in the oil and gas industry.

“We further demand that NNPC/NPSC should be compelled to clean up the impacted areas and made to pay fair and adequate compensation to the people and communities affected in line with the relevant laws”, the petition further reads.