Taming Nigeria’s oil spillage and gas flaring scourge

The recent news report that the took over, one of their grievances Okordia-Rumekpe 14-inch crude and one they were allegedly willing truck line operated by Shell Petroleum to tackle was healthcare, because, Development Company (SPDC) discharged “our teaching hospitals have some 213 barrels of crude oil into the Ikarama been reduced to mere consulting community in Bayelsa, has again brought to our clinics.” Almost 40 years later, very consciousness that though Nigeria prides itself little has changed. According to as the giant of Africa and the most populous the Nigerian Sovereign Investment black nation in the world, yet, it is still riddled Authority (NSIA), Nigerians spend with third world challenges.

$1billion annually on medical Essentially, while clarifying that an estimated tourism. Those who can’t travel 1.34 hectares of land was polluted by the leakage, abroad but can afford private which followed a rupture on the pipeline, SPDC hospitals, do so. among other things confirmed that probe

However, the private hospitals into the incident had been concluded, noting dotting the country don’t appear to that out of the 213 barrels of SPDC’s bonny be doing much better. Ugboma and light crude stream leak, some 110 barrels are Omoyajowo were both patients of recoverable from the ongoing recovery exercise private hospitals. Out of curiosity, at the site, leaving an estimated spilled volume I looked up the requirements for at 109.12 barrels. setting up a private hospital in Admittedly, these claims by the Dutch Nigeria and have it accredited. oil giant are verifiable facts but may not be Unsurprisingly, one of the the only explanation. Their clarification requirements is that the hospital notwithstanding, there are indeed reasons must have proper and satisfactory that qualify such happening in Nigeria’s oil and equipment. I am not a medical gas industry as a reality that demands holistic practitioner but a CT scanner and analysis. oxygen tanks all seem like ‘proper Let’s begin with reality. and satisfactory equipment’ Aside from the awareness that spillage for a hospital to have. And in a occurs, communal rights to a clean country like Nigeria where we have environment and access to clean water supplies frequent power failures, a backup are violated in such cases and the oil industry, generator most certainly falls ‘by its admission, has abandoned thousands into the category of ‘proper and of polluted sites in the region, which needs satisfactory’ equipment. So how to be identified and studied in details while are these hospitals being allowed communities adversely affected are adequately to operate? Who or what is policing compensated for their losses’, this latest spill them? is coming weeks after a similar one from a

Apart from dealing with poorly ruptured pipeline facility managed by one of equipped hospitals, there are also the International Oil Companies operating terrible stories of hospitals turning in the Niger Delta that reportedly ravaged patients back for not having Benikrukru and adjourning communities in enough money on them to pay Warri South West Local Government Area of for an admission card or in public Delta State. And another in the early hours of hospitals, charging patients for Sunday, March 14, 2021, at Polobubo/Opuama services that are supposedly free. Communities, Warri North Local Government A 2020 survey of public hospitals in Area of the state, could settle.

Abuja by Tap Initiative for Citizens Such litany of spillages also include but not Development in collaboration with limited to, namely; the ‘historic’ large scale Dataphyte, revealed that in public spillages in places such as the Ogoni Land, hospitals in the FCT, patients and Rivers State and the Erovie community in their families were being asked to Ozoro, Isoko North Local Government of Delta “contribute” towards things such State 1990s, both in the Nigeria’s South South as access to bed space, consultancy geopolitical zones, of which their negative fee, lab. fees and the “movement impacts linger. of files”. The sad thing is that this Are these the only explanations/examples? is hardly surprising. Bribery and The answer is a definite no, as there exist yet corruption are so ubiquitous in other critical reasons/concerns why we should Nigeria, one can almost refer to it view the situation as a crisis. as a Naija cultural habit. In cases First and very fundamental is the inability of of life and death and especially Nigeria and Nigerians to appreciate and treat with healthcare practitioners who crude oil spillage and environmental pollution have taken the Hippocratic Oath or resulting from exploration/crude oil production the Nightingale Oath, this cultural related activities as a national calamity. habit is beyond cruel. The second is the stunning consciousness

That Nigeria needs urgent that gas flaring/environmental degradation healthcare reform is not in doubt. resulting from crude oil prospecting/ Affordable healthcare for all (we production-related activities in the country is can dream) and well equipped under reported. This second concern stems (private and public) hospitals. from a recent comment, which according to What we also need is to see medical media report was credited to the DirectorGeneral, malpractice punished. However, National Oil Spill Detection and there is a feeling that in many cases, Response Agency, (NOSDRA), Idris Musa, who patients do not even recognise stated that findings by his agency showed that negligence and when they do, are an average of five oil spills was recorded daily not completely aware of their rights in Nigeria. Musa, who spoke to journalists in to take negligent practitioners to Abuja, said, “In 2018 we had about 600 oil spill court. I am not advocating for a incidents and in 2019, we had over 700 oil spillimpacted ridiculously litigious situation like sites across the country. in the US, God forbid bad thing, This wakeful comment becomes even more but rather one where medical relevant to the present discourse when one negligence is treated like the remembers that Nigeria according to reports is serious offence that it is. dotted with about 139 gas flare locations spread

#Justiceforpeju across the Niger Delta both in onshore and #Justiceforomolara. May their souls offshore oil fields where gas which constitutes rest in peace. about 11 percent of the total gas produced are flared.

More than anything else, it brings to mind the questions as to; what exactly impedes the development of the petroleum sector and Niger Delta region? Are there no legislative works? Why is such a legislative framework not providing a strong source of remedy for individuals and communities negatively affected by oil exploration and production in the coastal communities? If these frameworks exist, why is it not effective and enforceable? Is the framework as comprehensive as a legal solution to the issues of oil-related violations? Why has the nation not learned a valid lesson from the Dutch government where all operators are required to restore their areas of operation back to how nature intended?

Regardless of what others may say, the truth is that if as a nation we are desirous of developing policies that will engineer prosperity in the oil and gas sectors while saving the people of the region, then, we must be ready to locate the strategic triangles that hold the key to success.

Separate from the fact that success requires a careful analysis of the various kinds of knowledge needed to make innovation possible, the need for the nation to straddle the middle ground has become necessary since both the ministry and sector have for a very long time manifested signs of an institution with neither primed nor positioned potentials. And as we know, any organisation, be it private or public that fails to search for its potentials leaves its survival to chance.

At this instant, looking at both the operational templates of the ministry and how the up, mid and the downstream players of the petroleum industry have become reputed for non-compliance to set rules, it will not be a wrong assertion to conclude that the critical factors fueling crude oil spillage/gas flaring can be divided into the following; the existence of multiple but obsolete regulatory framework, which characterises the oil and gas exploration and production in Nigeria; federal government’s failure to get the nations’ refineries back to full refining capacity; the petroleum ministry’s inability to get committed to making International Oil Companies(IOC’s) adhere strictly to the international best practices as it relates to their operational environment; And finally, non-existence of clear responsibility/ work details and action plans for agencies and parastatals functioning under the ministry.

The above failures have as a direct consequence; cast a long dark shadow on the ministry, the sector and the region.

To explain these points beginning with the first challenge, it is worth commenting that the business of crude oil exploration and issues of oil production in the country is regulated by multiple but very weak laws and Acts of which most of these laws not only complicate enforcement but are curiously too old-fashioned for the changing demands of time thereby, creating loopholes for operators, especially the International Oil Companies (IOC) to exploit both the government and host communities.

Some of these laws/Acts in question that have been in operation since the 1960s but currently not achieving their purpose includes but not limited to; the Petroleum Act of 1969, The Harmful Waste(Special Criminal Positions etc), Act 1988, Mineral Oil Safety Regulation 1963, Petroleum(Drilling and Production) Regulation 1969 (Subsidiary Legislation to the Petroleum Act) and the off-shore Oil Revenue (Registration of Grants)Act 1971 among others.

Without minding their number, concepts, provisions and definitions, these laws have become obsolete, old-schooled and outfashioned to the extent that they now provide leeway for the operators in the sector to exploit both the government and host communities.

Utomi is the Programme Coordinator (Media and Policy), Social and Economic Justice Advocacy (SEJA), Lagos