AN OPEN LETTER TO MR. PRESIDENT  

1, Obosi Street

Omoku, ONELGA,

Rivers State

7th October, 2008

His Excellency The President Federal Republic of Nigeria

Aso Villa Abuja.

 

Your Excellency,

PETITION: SOS, NAOC,/NNPC AND SAIPEM PLANS GENOCIDE ON OGBA  

1. Preamble:

1.1 Omoku River Administration (ORA) is a community based organization in Omoku in the Ogba/Egbema/Ndoni Local Government Area of Rivers State.

Northermost part of Rivers State, Niger Delta region of Nigeria. By historical accounts, Ogba settled or occupied its present location in about 3015BC. It may be noted however, that “this earlier occupation must not be confused with the subsequent or later migrations in which people from the present mid-western area of Benin City and its environs moved southwards and re-occupied such places in Ogba and the Southern Ijaw area”. Also, Omoku is the headquarters of the Ogba/Egbema/Ndoni Local Government Area of Rivers State. Ogba is a very good host to NAOC/NNPC NLNG, TOTALFINAELF and Saipem contracting Nig. Ltd. companies etc. Crude oil has been drilled in Ogba for more than 45 years.

1.3 The Ogbas were great fishermen, farmers, hunters and craftsmen. Therefore,

Livelihood depended on the ownership of land, rivers, lakes and ponds etcetera. Before the exploitation of crude oil and natural gas, the Ogbas fished the rivers and great ponds and farmed yam mainly and later cassava. All Ogba trace their origin to a common ascendant in the remote past. A rigorous culture and tradition developed in Ogba. So were unique conditions, abilities and capabilities inherent and so profoundly indigenous to the Ogba People. Love and justice are some of these!

1.4 ORA on behalf of the entire Ogba Community, in the Ogba/Egbema/Ndoni Local Government Area of Rivers State, recognizing the danger that all Ogba people are exposed to, and convinced of the evil plans of the NAOC/NNPC Joint Venture to annihilate and destroy the entire Ogba and to kill all its citizens with genocide so as to have a free and unimpeded access to the exploitation of crude oil and gas in our land, have decided to cry to you, the Nigerian public and the international community, for mercy, sympathy and assistance, through this SOS.

2.0 TheGenocide As Planned By Naoc/Nnpc Joint Venture

2.1 For more than forty years, NAOC/NNPC Joint Venture has operated a joint

venture sharing mining lease number 61. The NAOC/NNPC joint venture has had little or no respect and regard for the people and the environment. The land has been severely polluted and devastated and so are the rivers, lakes, ponds and the air, by crude oil spills, gas leaks and gas accidents. As a result of the dead environment, Ogbas no longer fish, farm or hunt. Livelihood concerns have become major issues. And natives can not all be employed to work in the oil industry causing a great deal of poverty.

accused the developed nations of unsustainable consumption patterns and finally have reminded them that these ruin environment. But also, the desperation of the poor who have no choices and no way to eke out a living have the same effects. Unemployment is the major cause of material poverty. And not a single facility has been built or a poverty alleviation programme implementation, in Ogba.

Corporation (NNPC) Joint Venture built the OB/OB gas plant in 1983 as an oil/gas separator facility to recycle Associated Gas (AG) produced from the very rich primary and secondary gas caps of OB/OB field for re-injection. The second phase of the plant came on stream when the need arose for Natural Gas Liquid (NGL) to be supplied to Eleme Petrochemicals Company Limited (EPCL). Consequently, this led to the plants development to an Integrated Gas Re-cycling and NGL Recovery facility in 1994. NAOC/NNPC completd a third phase of the gas plant in about 2000 (please see annexure 1).

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NAOC/NNPC to ensure that Environmental Impact Assessment EIA report was evaluated and EIA process concluded and certificate issued before commencement of actual activities, and to further maintain regular consultation and full participation of communities where projects are cited as required by the EIA Law. This directive by the President and as contained in the EIA laws was totally and completely disregarded by NAOC/NNPC.

2.5 Suddenly and without an EIA report, NAOC/NNPC commenced construction.

Ogba Solidarity (OSO) the Ogba Ethnic Nationality made several representations to the Federal Government, at the time, all to no avail. To have its way, NAOC played the Local Government Administration against the monarch the Oba, which produced a lot of acrimony, hatred and resulted in intense suffering and human carnage of January 2000. Properties were destroyed and several lives were lost! In this milieu every Ogba person forgot about EIA for the gas project to save his own life; and this provided great latitude for NAOC/NNPC to complete this phase of the project. NAOC/NNPC was the cause of the killings of the year 2000 . Annexure 2.

2.6 In the current project, however, NAOC/NNPC proposed a fourth phase of the gas plant to be constructed by Saipem contracting Ltd. which involves the upgrading of the facility to accommodate more gas treatment/delivery facilities for the supply to N-LNG plant at Bonny. The project becomes more apparent with the flare-down order of the Federal Government.

enumerated above, NAOC/NNPC did not conform with sections 2 and 7 of the EIA Decree. NAOC/NNPC has breached the laws of the Federal Republic of Nigeria.

activities and industries that require an EIA report before they must be setup. Petroleum, oil and gas activities as is shown in section 13 and in the schedule titled Mandatory study activities number 12 forms part of these requirements. As it stands, the provisions of the schedule was not complied with on the setting up of this delicate industry-GAS, in vicinity that is within an inhabited Community.

relationship with Ogba . This is because of its illegitimate interests not only in the employment and business opportunities generated by the presence of the gas plant but also in the environmental and social impacts and pressures which it can bring.

injured many and destroyed buildings in Ogba. Recent gas accidents including that in Obite (another gas facility in Ogba owned by Totalfina Elf in 1999, China in 2003 and OB/OB on 23/10/2008 (last month) have focused attention on the fact that gas plants can be dangerous to the public as well as to those at the gas plant site. Since then, these accidents have started to occur with unacceptable regularity and with loss of lives. Now another gas accident in NAOC/NNPC OB/OB facility could be far more dangerous and could claim more lives unless measures are taken to minimize risks and plan for effective action, especially during the EIA stage. Injuries that arose from these gas accidents were not properly handled because Totalfina Elf, NAOC/NNPC did not build and equip hospitals in anticipation of a gas accident. Delay caused further complications and deaths.

2.14 The OB/OB gas plant produces poisonous gases, infra-sound and ultrasonic vibrations. The infra-sound is pulverizing the body of inhabitants of Ogba while the Ultra-sonic vibrations cause hearing losses and still born of infants. Your Excellency, the human being can only manage noise levels up to 6.5db. Anything above this is detrimental and injurious to health. However, the OB/BO gas plant produces noise and vibration levels above 120db.

risks inherent in natural gas exploration and related industries are very low. In a case of leakage, fire, explosion or other accident, there is frequently insufficient communication between the industry, various authorities and between CBOs, NGOs and the public concerning emergency preparedness, emergency response and measures to limit damage should an accident occur.

importance, include a plan for an emergency response procedure. The EIA should identify and create awareness of risks in Ogba persons living close to the gas plant facility, initiate measures for risk reduction and mitigation, and develop preparedness of emergencies involving the entire Ogba. The purpose of Awareness and Preparedness for Emergencies at local Level is to prevent, prepare for and respond to technological accidents and emergencies.

people will be improved and any enhancement of natural systems resulting from project implementation; and or evaluate the risk of significant deterioration in the health or well-being of the affected people.

Scoping, i.e. traditional economy as mentioned earlier, improved health, better living conditions, conservation of local ecosystem, and or use of the results of public consultation to focus the analysis on locally important concerns and issues.

blood of Omoku people. The Ubii and Okeya springs that provided pressure head to the omoku river and the area around it were backfilled and casted with cement. Today, several oil wells stand on this location. The hardship arising from this neglect of NAOC/NNPC can only be imagined.

another life blood of the Omoku people. The fishes, birds and mammals that inhabitants depend on have been killed because the environment has been destroyed. Further, the food chain and the food web in this environment have been polluted and contaminated with dare consequences on the population.

on our lands, rivers lakes, ponds etc and worst of all, clean up activities have

not been affected on the lands, rivers, lakes, ponds, etc since these spills occurred, ten years ago in some cases. Please see annexure 4.

2.31 With the absence of an EIA for this project which by implication means no

considerations for the Ogba people and therefore no plan for emergency response procedure, it goes without any doubt that NAOC/NNPC is only interested in monetary gains from natural gas exploitation and not in the humans living close to the facility. Following this, the medium and long-term strategic importance of bio-diversity is minimized, the rights and ethnic integrity of an indigenous people deemed contrary to economic and national interest, and potential public health hazards ignored!

2.32 Ogba has a right to know what it is exposed to and increasingly expect to be

consulted and if it has well founded concerns about certain aspects to have an influence on the way operations are managed. And these views should have been expressed during the EIA process which NOAC/NNPC did not undertake!

2.33. Your Excellency, from the foregoing, it could be seen that we have not

objected (and we have the right to), to the siting of the gas facility in the middle of human habitation. We are only asking, like we have always done in the past that due process must be taken in this respect! That due consideration should be given to the Ogba people!

and Ogba can be highly influential in decisions about whether and under what conditions it should operate. NAOC/NNPC therefore needs to establish trust and support based on effective two-way communication with the Ogba and other stakeholders.

NAOC/NNPC gas processing project are acceptable in its eyes. The incidence of Ogba outrage is increasing, but it can be overcome by involving them at a sufficiently early stage in project development. As far as this project is concerned it is important to identify community views and to have indigenes of the community understand that their views are met.

Ogba people that NAOC/NNPC is interested in its well being. If a base of awareness and trust does not exist, just like NAOC/NNPC intends now, the consequences of another accident in the facility will certainly be worse and more long-lived.

risk communication, which requires presentation in clear and plain language and which the EIA procedure that NAOC/NNPC ignored is capable of. This should have been diffused by NAOC/NNPC. The EIA would have provided guidance information, procedure and advice on sustainability issues in gas development.

3.0 Contribution of Ogba to the Nigerian State.

3.1 It is an indisputable fact that Ogba nation is a foremost factor in the Nigerian

Crude oil and gas industry. There are 207 (two hundred and seven) oil and gas wells spread across 7 fields operated by NAOC/NNPC and TotalfinaElf/NNPC in lease numbers 61 and 58 respectively. Please see annexure 5. According to the NNPC monthly and annual statistical information bulletin, between 1986 and 1989 alone Ogba nation accounted for 178,010,465 barrels of crude oil or 20.83% percent of the total production of 854, 2994,540 barrels for the old Rivers State during the period. Please see annexure 6.

3.2 The gas production output of Ogba is even more fearsome. During the same

period according to the same report, Ogba accounted for 12,009,730,000 (twelve Billion and nine Million, Seven hundred and thirty thousand standard cubic meters of gas or 38.75 percent of the old Rivers State of 39,046, 888,000 (thirty nine billion and forty six million, eight hundred and eighty eight thousand standard cubic meters gas. Please see annexure 7.

3.3 The Nigerian Liquefied Natural Gas NLNG company in Bonny is the biggest

single industry in Nigeria today. According to the EPNL/NAOC/NNPC Joint Venture policy statement published in the vanguard newspaper of Tuesday may 6, 1997, page 9 “gas is the real future of Nigeria. The delivery of gas feedstock contract to the NLNG plant in Bonny is shared in the proportion of NNPC/SHELL/ELF/NAOC 53.33 percent, NNPC/Philips 23.33 percent and NNPC/Elf 23.33 percent. The gas is to be supplied for 22.5 years…..” We state categorically that nearly all the gas reserves in the Niger Delta are concentrated in the Ogba nation.

reserve of 197 trillion standard cubic meters of natural gas concentrated in the Niger Delta region, the Ogba nation alone is contributing more than 46.6 percent of the entire feedstock of gas for the NLNG project in Bonny. This is confirmed by the map in annexure 7 showing the gas transportation network to the NLNG Bonny treatment plant and as published in NOTIZARO INTERNO of Italy in its October/November 1991 edition, pages 14-15. Again, the Ogba Nation supplies the entire gas feedstock to the Eleme petro-chemcial plant in Rivers State.

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gas Dollar on unit basis to the Nigerian economy. Yet, no single NLNG ship, federal Government appointment, infrastructural project, PTDF, NNLG or Federal Government scholarship or anything useful for that matter is linked to the Ogba nation where actual gas production is taking place.

3.6 May we humbly inform you Mr. President, that Ogba, although

numerically small ethnic nationality by its contribution to the sustenance of Nigeria is indeed a senior partner in the political arrangement called Nigeria. Based on this fact, which political position is too big for Ogba? What infrastructural project too large for it?

3.7 The Petroleum Trust Development Fund PTDF awards scholarship to

deserving scholars. Mr. President, not a single scholarship has been awarded to an individual in the entire Ogba since the inception of PTDF. What an injustice! How many Ogba indigenes are even staff of the PTDF.? None!

implemented in the said construction and it appears, this also will be denied it!

4.1 As part of the NAOC/NNPC social irresponsibility, it encourages an increasing

conflict among individuals and among interest groups in Ogba and therefore is more interested in social disintegration as this affords it the opportunity to keep the Ogba under its whim. NAOC/NNPC makes sure that it causes friction and acrimony and distracts attention and resources from the positive aspects of social development, conflict resolution and reconstruction and restoration of peace, continually going in a cycle. Its effort has therefore disrupted social bonds and networks established through the families, villages and clans in Ogba. NAOC/NNPC carefully and consciously planned and implemented unemployment and poverty enhancing programme, finally reducing opportunities for children to receive education and fully participate in common processes of socialization.

memorandum of understanding MOU with several communities in Ogba. The purpose of drawing up an MOU is to improve the community. Mr. President, the question has always been asked, has Ogba improved after over 45 years of drilling of crude oil and gas by NAOC/NNPC?

4.3. NAOC/NNPC does not employ graduates from Ogba. Those who managed to have been employed are denied annual staff promotion!

organizations in Ogba against each other and against various strata of theOgba people through its bribery system that it is difficult, and NAOC/NNPC is very much aware and happy about it, to have a fruitful discussion with the management of NAOC/NNPC with respect to community needs. A ready example is that NAOC/NNPC knowing same to be true nevertheless will sponsor and pay heavy bribe to a section of the Ogba people to counter this petition in the media.

4.5 At the beginning of the construction of this phase of the gas project, about four months ago, NAOC/NNPC instigated one youth body against the other in Obrikom in which prominent Obrikom youths namely Lucky Ahiakwo also known as “Abacha” and Lucky Orji were murdered in cold blood.

4.6 Again, about three weeks ago, the Joint Task Force JTF shot dead two youths of the Egbema extraction. The killings are also believed to have been instigated by the NAOC/NNPC Joint Venture. The youths were shot over issues arising from the construction works at the OB/OB gas plant.

4.7 From the foregoing Mr. President it is easy to see how the absence of EIA and mitigative measures in a project of this nature lead to avoidable killings, chaos and suffering.

Saipem Contracting Nigeria Limited in the construction of this facility are systematically annihilating the entire Ogba people with genocide so as to have a free and unimpeded access to the exploitation of Crude oil and gas in our land.

4.9 Mr. President would due consideration to the Ogba people, obedience to the laws of the Federal Republic of Nigeria, and respect to the high office of the President of the Federal Republic of Nigeria, not mean that the only response expected from the NAOC/NNPC Joint Venture should be the presentation of a well documented EIA report and certificate with respect to this project failing which an unreserved apology by NAOC/NNPC to Ogba and to Your Excellency within seven days of this publication?

political appointments be extended to Ogba sons or that the Federal & State Governments, oil companies etc build infrastructure, offer scholarship awards etc to Ogba people now, no! We demand for the following:

without an Environmental Impact Assessment EIA is illegal, unlawful and posses a great danger and risk to Omoku Indigenes and Ogba/Egbema/Ndoni Communities environment.

upgrading project, without an EIA as contained in section 13 and schedule (9) of Decree No. 86 1992 are illegal, unlawful and posses a great environment danger to the Ogba Community.

implementing the mitigative measures contained in the approved environment impact assessment law, and as contained in the OBIAFU/OBRIKOM Gas plant upgrading project No. S-9857 is illegal, unlawful and posses a great danger to the Omoku and Ogba/Egbema/Ndoni Communities.

servants agents and/or privies from continuing with the said project without the completion of an EIA and the implementation of the mitigative measures contained in the approved Environmental Impact Assessment law for Obiafu/Obrikom gas plant upgrade project.

Yours faithfully,

Signed:

Onwusameka Ogbowuokara Barr. G. J. Okirigwe

Chairman, O.R.A Legal Adviser

08055362679 08033108522

For and on behalf of Omoku River Administration (ORA) and the entire Ogba, Rivers State