Location: Otuasega Community Environment, Ogbia Local Government; Bayelsa State.
Date of Incident: 21st September, 2023
Date of field visit by ERA/FoEN: 28th September, 2023 [Thursday]
INTRODUCTION:
The Environmental Rights Action/Friends of the Earth Nigeria first got the hint about the condensate spill from the Shell under-water pipeline from a video clip posted on Facebook by an indigene of Otuasega community, on Saturday, 23rd September 2023. The video showed serious bubbling of the escaping condensate from under the water to the surface. The same day, ERA/FoEN visited the site of interest, but the bubbling was no longer visibly active.
Following a call received from Otusega community leaders at about 2:58 pm on Wednesday, 27th September 2023; ERA/FoEN decided to visit the community early on 28th September 2023 to be led to the site of interest and do some level of monitoring of the environment. Those who received ERA/FoEN in the community and led the way to the site include, a former Chairman of the Community Development Committee [CDC] of Otuasega, Chief Okpukpu Erukpe Telu [presently Secretary of the Chiefs Council of the community], Igbeta James Brown [Financial Secretary of the CDC], Nyamono Ezuzu Sydney [CDC Chairman], and Ebhesi Faith Enakator [Assistant Secretary of the CDC].
Otuasega hosts Shell’s Kolocreek Logistic Base, Oil Wells where Shell extracts Crude oil/gas daily, Shell’s Kolocreek Tie-In Manifold, and pipelines. The community is in the Ogbia local government area of Bayelsa State. Like other host communities, Otuasega has experienced some of the negative consequences associated with oil industry-induced pollution. These include related pollution from Shell’s Kolo Creek Flow station [gas flaring], gas leaks, and oil spills. And, ERA/FoEN has been following up and reporting some of the incidents; including protests and shutting down of facilities by community folks. The major oil spill incident at the Shell Kolocreek Tie-In Manifold of April 2015; was one of the devastating incidents in the community environment.
Interestingly, Shell had shut down the condensate line of the current spill incident before ERA/FoEN’s visit on Saturday [23rd September] and Thursday, 28th September 2023. This was the reason for the Bubbles observed in the video [posted on Facebook] being inactive at the times and dates of ERA/FoEN’s visit to the site. Also interesting is the fact there is a fishing settlement developing within the immediate environment; of the incident. Fisherfolks at the Ekuraba fishing camp are mainly Ijaws, from other parts of Bayelsa State. It is a fact too that, fishing camps are established not far from areas where fish abound for fisher folks to practice their occupation; as a means of livelihood.
TESTIMONIES OBTAINED IN THE FIELD:
Responding to ERA/FoEN’s question while in the Ekuraba Creek monitoring the spread of condensate from the Shell pipeline, Igbeta James Brown said ‘’ We were informed about this incident by fisher folks residing within the Ekuraba Creek environment. They urged us to come immediately and witness what was happening. We have video clips taken, of how the site of the incident was bubbling. The CDC chairman and cabinet were also informed and a decision was reached on the need to follow up. It is about a week since this incident occurred and we were waiting on Shell to see their response to see whether they would visit the community and let us know how they intend to go about this. But we have not heard from them [Shell]. So, we decided to come here and let Nigeria and the whole world know about this matter’’.
Also speaking in the condensate-impacted environment downstream of Ekuraba Creek [about 300 meters from the spill point], the CDC Chairman, Nyamono Ezuzu Sydney said, ‘’ This oil spill has caused a lot of damage to our people. Here is a Creek where we do farming; fish farming. The end of the year our people come here to go fishing. And because of this spill, I know that it will affect the fishing of this year. Besides some dying presently, most of them [fish] will migrate to other places so I know that it will affect us during the dry season, due to this. So it will affect the economic activity of our people’’.
When asked as to what government should do on the matter, the CDC Chairman said ‘’ I want government to come because Shell is always nonchalant in activities like this Even when this thing [the spill] started, we tried to reach out to some of them. But up till now, they have not come. So we want the government to use their strength, because if we go to Shell government would come in and say we are taking laws into our hands. So, we want the government to be involved, the government should come and talk to Shell so that they can collaborate with the community and see what they can do to mitigate this problem that has happened. The message to Shell is that Shell should be proactive. Any time such things occur, Shell should know that it is their responsibility. I don’t know why they are shying away from their responsibility. Shell should stand firm to see how they can resolve matters like this. You are in a position to take this crude oil. Why is it that when it comes to situations like this you try to run? I don’t like the attitude of Shell. They should change their attitude and begin to behave well so that they have synergy between them and the [host] community’’.
One of the fisher folks living in the Ekuraba fishing camp, who led the community leaders and ERA/FoEN from the spill point downstream [monitoring spread of condensate], who identified himself as Akpobolokeme Odofori had this to say, ‘’ Fishing is my occupation and I reside at the Ekuraba fishing camp. For about a week now we have not catching fish as we used to, due to this incident. This morning some persons came are said they wanted to see where the Kerosene was bubbling and the environment. That was how I volunteered to guide them to this area where much of the spilled substance was gathered. The substance looks like Kerosene, diesel, and petrol. Due to this pollution, we have ceased using our fishing nets on the creek. There are no fishes again as before too. Right now the bubbling has stopped, maybe Shell has shut down the line’’.
Standing from a distance of about 35 meters to the spill point, the Secretary of the Chiefs Council of Otuasega community [also one-time CDC Chairman], Chief Okpukpu Telu said, ‘’ We received information about this incident here on Thursday last week. And from available information, on that same Thursday, the CRO [Community Relations Officer] of Shell, Fred was informed. He came to this place; took videos and we believe he duly informed Shell. But from that time till now we have not seen any response from them [Shell]. Today, the community leadership as a whole decided to visit the place with an environmental group [ERA/FoEN]. We have gone around to see, where the spill started bubbling. From our observation, Shell may have carefully shut down that line. So, the bubbling has minimized but the spill has spread all over the waterways. We moved to a certain distance in the creek and we saw where the condensate was heavily present and we took some samples. This is the rainy season and the water in the creek has risen above its banks and spread in the swamps. And, that is how the spilled substance has spread into the environment; destroying the marine ecosystem. We know that if the water [flood] was not running fast, we would be able to see dead fish all around. We are not happy that even when we have informed Shell about the incident, they have not come to clamp the ruptured [under water] spot on the pipe. The spill has continued daily, underwater and on the surface. So much damage has been done. And so, our concern here is because they have refused to come for about a week now; we decided to engage people who will be able to communicate to them in the language with which they will understand. The language we want them to understand is [1] to come and rectify the problem they have created [2] as a community, we desire and we demand an adequate assessment and proper compensation to be paid to Otuasega community for the damage that this spill has caused. We don’t know the grammar they will speak and we may not be environmental issues here, but if the matter will go to the extent of invoking all the experts we can assemble to handle this matter; we would do that’’.
Two ladies also expressed themselves on the subject matter. According to one of them, Beauty Inie Keghe, a non-native residing at the Ekuraba fishing camp, ‘’ We are suffering as this kind of a thing [spill] happened in our camp. The water has gone bad. Children are coughing and experiencing catarrh. The water has been contaminated, fish is now scarce in the water; we are experiencing hunger. If all the fish in the water are dead, what are we going to eat or do? We are suffering and facing hunger. Our husbands are also getting sick. See this man, because of bathing and drinking this water, he is now sick; purging [excessive bowel movement]. This is the situation in our [fishing] camp now. See the fish net [in her hand], soiled by the spilled condensate. ..’’
When asked about what they do with the dead fishes, Beauty said ‘’ You cannot eat them. This man [pointing] ate some of the dead fish and started purging. Due to the sickness, he was taken to the hospital at Otuasega. How much must I spend on my husband? I don’t have money to take care of my store again. My store[ retail business] is depleted. Cough and catarrh are also disturbing my children. Due to the condensate spreading on the creek, we cannot drink the water again and, it has also affected our fishing activities. In view of what has happened to us, this fishing camp should be considered’’.
On her part, the Assistant Secretary of Otuasega CDC, Ebhesi Faith Enekator said ‘’ We are here because there is a spillage that occurred at Ekuraba bridge environment in Otuasega community. And it is expected that Shell do the needful by coming to clear up the spill that has caused environmental damage. The fisher folks at the fishing camp could no longer fish; the spill is destroying a lot of things in our environment. And so, we demand that Shell should do the needful and they are supposed to pay for damages caused by the spill. So, because this is an environment most of our community people feed from. Since this incident, Shell has not come to do anything about the spillage. We want Shell to respond fast to this so that we shall have a peaceful and more conducive environment. Even as we are standing here, the smell of the crude [condensate] is so severe that one cannot breathe properly. So many persons are falling sick, those who are fishing and farming around this environment. Shell should come and clear up the mess the spillage has created and pay for damages’’.
The Youth President of Otuasega, Walson Gbanibebe Prince, who also led ERA/FoEN to the site on Saturday, 23rd September 2023 said,’’ This Creek is the only creek that we normally do annual fishing festival. There was a spill that happened three days ago. When we noticed that there was a spill, we immediately rushed down. And we saw a very heavy bubble from the river/creek. So what we discovered from that bubble was, that condensate was coming out; it was just coming out to the surface of the water. And immediately I had to call Mr. Fred, who happened to be a Shell staff. When I called him, he came down and, I later called him again to ask what action he has taken so far concerning the spill. He said he has escalated the matter to Shell. Now, right from that time till today, as I am speaking now; we were expecting Shell to rush down and take remedial measures being an emergency. This is affecting fish in the creek and this is water pollution. Now that Shall has not come to remedy even as we have reached out to them, it is a total let down; total neglect. What happened here is not sabotage, it is equipment failure. We want government to come into the matter; to come and assist we, the common man. This is our source of drinking and fishing’’.
OBSERVATION/CONCLUSION:
From available video clips and testimonies taken by ERA/FoEN, it is obvious that Shell was duly informed about the incident by the Youth President of Otuasega, which also prompted Shell to shut down the particular condensate pipeline. This is commendable, as it reduced the leak to the bearest minimum. However, Shell roundly failed to take any other action besides shutting the line. Shell neither informed the regulators nor proceeded to the site to boom the condensate escaping from its pipeline. As at the time of ERA/FoEN’s visit on Thursday, 28th September, 2023; even though there was no bubbling; there were signs that the condensate was still visibly escaping to the surface of the water in the Ekuraba Creek displaying rainbow colours.
It is instructive to state that Shell deliberately keeps this information about the spill, away from the regulators; NOSDRA, and Bayelsa State Ministry of Environment despite the law which says such information should be made to the regulators within 24 hours. From information available to ERA/FoEN, Neither NOSDRA nor the Bayelsa State Ministry of Environment was informed by Shell; until the regulators reached out to Shell on Thursday, 28th September, 2023; six days after the community Youth President informed Shell.
During the site visit on Thursday, 28th September, 2023; the spread of condensate downstream was confirmed. About 300 meters away from the spill point, the community-led team witnessed where a good quantity of condensate settled. This was due to some natural materials like sticks/bamboo lying across the Ekuraba Creek which served as the boom. Plastics, dead woods, and vegetation within this environment were soil with condensation and some of the vegetation dying.
ERA/FoEN DEMAND:
[1] Shell should mobilise to the site for JIV, with the relevant stakeholders to ascertain the cause of the leak or rupture.
[2] The regulators, especially NOSDRA should ensure Shell pays the stipulated fine for failing to notify NOSDRA within the timeframe allowed; about the incident.
[3] The impacted environment should be immediately cleaned up to prevent further damage to the environment.