Socio-Economic Rights and Accountability Project (SERAP) has urged the
\nFederal Government to \u201cstand up to powerful oil companies that have
\ncontinued to abuse the human rights of the people of the Niger Delta with
\nimpunity for decades if it is to satisfactorily resolve the crisis in the
\nregion.\u201d<\/p>\n
Against the background of continuing crisis in the Niger Delta fuelled by
\nthe activities of the ‘Niger Delta Avengers’ who are relentlessly bombing
\nthe country’s oil infrastructure and have slashed its crude output, SERAP
\nin a statement today by the organization’s executive director Adetokunbo
\nMumuni said that, \u201cAn important part of the solution to the human rights
\ncrisis is for President Muhammadu Buhari to implement the ECOWAS Court
\njudgment which ordered the Nigerian government to punish oil companies
\nover oil pollution and devastation in the region.\u201d<\/p>\n
The statement reads in part: \u201cThis government should make sure that the
\nactivities of oil companies in Nigeria bring development to the people,
\nrather than a string of needless human rights tragedies.\u201d<\/p>\n
\u201cThe government of former President Goodluck Jonathan ignored the judgment
\nand showed no political will to hold to account oil companies that have
\nfor many years continued to destroy the livelihoods of tens of thousands
\nof people with almost absolute impunity. President Buhari shouldn\u2019t repeat
\nJonathan\u2019s mistake. He should make sure that his government adheres to
\nthis judgment without further delay.\u201d<\/p>\n
\u201cOil companies, particularly Shell, have managed to evade responsibility
\nfor far too long. And successive governments have allowed them to do so,
\nputting profits before people. As a result, communities badly affected by
\noil pollution are sinking further into poverty, unable to eat the
\ncontaminated fish or drink the water, stained black from the pollution.\u201d<\/p>\n
\u201cIt\u2019s also clear that oil companies wield tremendous influence over the
\nregulatory regime that governs their operations. That has to change for
\nthe good and peace of the region. The change that Buhari champions should
\ninclude justice for the victims of oil pollution in the Niger Delta, and
\nthat\u2019s why the ECOWAS judgment is so significant because it provides the
\nframework for action.\u201d<\/p>\n
\u201cThe government should impose fines on oil companies for breach of
\nregulations over the past 10 years and take measures to punish the
\ncompanies. The government should also investigate the role that oil
\ncompanies and others have played and continue to play in the environmental
\npollution in the region, and widely publish the outcome of any such
\ninvestigation.\u201d<\/p>\n
It would be recalled that the ECOWAS Court of Justice in December 2012 in
\na case brought by SERAP upheld the right of the people and communities of
\nthe Niger Delta to a general satisfactory environment and to an adequate
\nstandard of living.<\/p>\n
The court unanimously ordered the government to: hold oil companies and
\nother perpetrators of the environmental damage accountable; ensure
\nreparation for the collective harm done to the communities; restore within
\nthe shortest possible time the environment of the Niger Delta; and prevent
\nthe occurrence of damage to the environment.<\/p>\n
The court also found that \u201coil spills pollute water, destroy aquatic life
\nand soil fertility with resultant adverse effect on the health and means
\nof livelihood of people in its vicinity. The government has failed in
\nrecent years to take any single action to punish perpetrators of oil
\npollution. It is incumbent upon the Federal Republic of Nigeria to prevent
\nor tackle the situation by holding accountable those who caused the
\nsituation (with the clear expectation of impunity) and to ensure that
\nadequate reparation is provided for the victims.\u201d<\/p>\n
The court further stated that the numerous laws passed to regulate the
\nextractive oil and gas industry and safeguard their effects on the
\nenvironment, the creation of agencies to ensure the implementation of the
\nlegislation, and the allocation to the region, 13% of the revenue that
\ncomes from natural resource extraction in the region\u00a0 to be used for its
\ndevelopment, have totally failed to prevent the continued environmental
\ndegradation of the region, \u201cas evidenced by the facts abundantly proven in
\nthis case and admitted by the very same Federal Republic of Nigeria.\u201d<\/p>\n
SERAP\u2019s case was brought on 23 July 2009 by its Solicitor Femi Falana,
\nSAN, against the President of Nigeria, the Attorney General of the
\nFederation, Nigerian National Petroleum Company, Shell Petroleum
\nDevelopment Company, ELF Petroleum Nigeria ltd, AGIP Nigeria PLC, Chevron
\nOil Nigeria PLC, Total Nigeria PLC and Exxon Mobil.<\/p>\n
Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding
\non Member States, including Nigeria. Also, Article 19(2) of the 1991
\nProtocol provides that the decisions of the Court shall be final and
\nimmediately enforceable.
\nSIGNED<\/p>\n
Adetokunbo Mumuni<\/p>\n
SERAP Executive Director<\/p>\n
12\/06\/2016<\/p>\n
www.serap-nigeria.org<\/p>\n
Lagos, Nigeria<\/p>\n
Twitter: @SERAPNigeria<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal Government to \u201cstand up to powerful oil companies that have continued to abuse the human rights of the people of…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-50092","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n