Bayelsa to file lawsuit against oil firms for environmental damage

The Bayelsa State Government has decided to take legal action against international oil companies (IOCs) for decades of unaddressed oil pollution in the region.

Governor Douye Diri made this announcement during an expanded State Executive Council meeting on Monday, where he received the final report from the Bayelsa State Oil and Environment Commission at Government House in Yenagoa.

Diri remarked, “After a review of an advance copy of your report, I can affirm that it captures the essence of our trials while outlining a hopeful pathway towards resolution. Your insights will serve as a beacon, guiding us towards actionable solutions and inspiring us to restore dignity and opportunity to our people.”

The report, titled “An Environmental Genocide: Counting the Human and Environmental Cost of Oil in Bayelsa, Nigeria,” was described by Diri as alarming. He emphasized the need for accountability, stating, “Additionally, we are encouraged by the revelation in the report that in most advanced industrialised countries, two basic principles—’polluter pays’ and ‘no fault liability’—form the cornerstone of the legal regime for regulating extractive industries. Taken together, they mean that those who own and operate facilities are responsible for the damage caused by their pollution, even if they are not at fault.”

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He indicated that the government might seek legal remedies beyond Nigeria’s borders. “Consequently, the perennial excuse by the IOCs that nearly ’90 per cent of leaks are due to sabotage, a finding they believe frees them of liability for compensating the victims’ would not find accommodation in foreign jurisdictions. That is why we are pleased that this commission has strengthened our capacity to litigate anywhere in the world.”

Citing the report, Diri noted that Bayelsa accounts for 25 percent of Nigeria’s oil pollution. He pointed out that a study estimated that oil spills in Nigeria led to over 16,000 additional neonatal deaths in 2012 alone, asserting, “Even one life lost to accommodate the greed of oil exploration is one death too many.”

He further detailed the extent of contamination: “It has been so heavy that, according to estimates, as much as one and a half barrels of oil have been spilled in Bayelsa for every man, woman, and child living in the state today. The figures are even higher for some parts of Bayelsa, with, for instance, as many as six barrels of oil spilled for every person in Southern Ijaw Local Government Area.”

Diri expressed the grim reality facing residents: “The stark reality is devastating: every Bayelsa resident is affected, our lives perpetually endangered. The brutal implication: we are either already dead or waiting to die.”

The report highlighted that from 1970 to 2014, Nigeria earned approximately one trillion dollars from oil. Since 2006, oil production in Bayelsa has contributed over $150 billion to the Federal Government and billions to the operating IOCs. On average, oil revenue from Bayelsa generates around $10 billion annually for the government.

While Diri formally dissolved the commission, he announced plans to appoint some members to a new committee tasked with implementing the report’s recommendations.

Archbishop John Sentamu, chairman of the commission, presented the final report, stating that while oil has been a revenue source for the Federal Government, it has been detrimental to the state. He noted the loss of around 40 percent of mangroves and indicated that toxic waste levels exceed acceptable limits in many areas.

Other commission members urged the state government to act promptly in seeking environmental justice. The report called for a comprehensive recovery and cleanup plan, a $12 billion recovery fund over 12 years, the establishment of a Bayelsa Recovery Agency, and a new compensation scheme for affected individuals. It also recommended a new legal framework, enhanced roles for state governments, improved scrutiny of IOC practices, and reforms in community engagement to ensure transparency and accountability.

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