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agip operations in Nigeria in fresh hot waters
agip operations in Nigeria in fresh hot waters
Ikebiri community sues Italian oil giant
ENI and its subsidiary NAOC in Italian courts
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The Ikebiri community, from Bayelsa state, Nigeria, have launched an unprecedented legal case against the Italian oil giant ENI today, seeking clean up and compensation for damages from an oil spill which has affected their community in the Niger Delta [1].
·
·
Supported by Friends of the Earth Europe and
Environmental Rights Action/Friends of the Earth Nigeria, the Ikebiri community
are calling for adequate compensation and clean-up of an oil spill dating back
to 2010, which has yet to be addressed.The Italian oil giant ENI, which
operates in Nigeria through its subsidiary Nigerian Agip Oil Company (NAOC), is
responsible for the spill, caused by equipment failure [2].
·
·
Godwin
Ojo, Environmental Rights Action/Friends of the Earth Nigeria, said: “The spill which could have been managed
spread to a huge expanse of the Ikebiri swampland due to the nonchalant
attitude of the ENI/NAOC over oil spill clean-up and remediation. This case,
which is the first of its kind against ENI and in Italy, could have been
avoided were ENI/NAOC to have behaved responsibly. This act of impunity and
recklessness of the oil companies against the environment and people of the
Niger Delta of Nigeria must come to an end”
·
·
The leak was closed in 2010, and NAOC claims to
have cleaned up the site. However, according to the community the leaked oil in
the surrounding area was simply burned, without their consent. To date, no
adequate compensation has been offered, or clean-up completed.
·
·
Chief
Francis Temi Ododo, the King of the Ikebiri community said: “Our community cannot wait any longer. We
have had the ENI’s pollution for too long, damaging our fishing, our farming
and our lives. We are now looking to the Italian courts for justice for our
people”
·
·
The communities of the Niger Delta have had to
live for decades with the effects of continuous oil spills on their health, the
welfare and their livelihoods. Thousands of oil spills have blighted the
communities across the Niger Delta to feed the profits of ENI, Shell and other
oil and gas companies, according to the organisations.
·
·
Colin
Roche, extractive industries campaigner for Friends of the Earth Europe said: “For far too long the communities of the
Niger Delta have had to live with the pollution of their land, their water, and
their air by oil companies who’ve put profit before their lives. ENI should now
live up to its responsibility and clean up the mess it has made and compensate
the community for having to live with their destruction?”
·
·
To date, eleven million barrels of oil have been
spilled in the Delta, twice the amount spilled during the Deepwater Horizon
disaster in the Gulf of Mexico, and new spills still occur weekly.
Environmental Rights Action (Friends of the Earth Nigeria) and Friends of the Earth
Europe continue to campaign for the clean-up of the region [3]
·
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[1] On
the 5th of April, 2010, an oil pipeline operated by Nigerian Agip Oil Company
(NAOC) burst 250 metres from a creek north of the Ikebiri community. An
estimated 150 barrels of oil leached into the creek. The spill affected the
creek, fishing ponds and trees essential to the local community, irreparably
damaging the livelihoods of the local community
·
·
[2] NAOC is a subsidiary of ENI, an Italian
based company. ENI conglomerate owns 100% of NAOC. Parent companies are
responsible for their subsidiaries, especially if all proprietary knowledge is
in the hands of the parent company, and Italian judges have jurisdiction over
Italian companies.
"""
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Ikebiri
community sues Italian oil giant ENI and its subsidiary NAOC in Italian courts
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Brussels/Milan/Lagos, May 5, 2017 The Ikebiri community, from Bayelsa state, Nigeria, have launched an unprecedented legal case against the Italian oil giant ENI today, seeking clean up and compensation for damages from an oil spill which has affected their community in the Niger Delta [1].
---
Brussels/Milan/Lagos, May 5, 2017 The Ikebiri community, from Bayelsa state, Nigeria, have launched an unprecedented legal case against the Italian oil giant ENI today, seeking clean up and compensation for damages from an oil spill which has affected their community in the Niger Delta [1].
Supported
by Friends of the Earth Europe and Environmental Rights Action/Friends of the
Earth Nigeria, the Ikebiri community are calling for adequate compensation and
clean-up of an oil spill dating back to 2010, which has yet to be addressed.The
Italian oil giant ENI, which operates in Nigeria through its subsidiary
Nigerian Agip Oil Company (NAOC), is responsible for the spill, caused by
equipment failure [2].
Godwin
Ojo, Environmental Rights Action/Friends of the Earth Nigeria, said: “The spill which could have been
managed spread to a huge expanse of the Ikebiri swampland due to the nonchalant
attitude of the ENI/NAOC over oil spill clean-up and remediation. This case,
which is the first of its kind against ENI and in Italy, could have been
avoided were ENI/NAOC to have behaved responsibly. This act of impunity and
recklessness of the oil companies against the environment and people of the
Niger Delta of Nigeria must come to an end”
The leak
was closed in 2010, and NAOC claims to have cleaned up the site. However,
according to the community the leaked oil in the surrounding area was simply
burned, without their consent. To date, no adequate compensation has been
offered, or clean-up completed.
Chief
Francis Temi Ododo, the King of the Ikebiri community said: “Our community cannot wait any longer.
We have had the ENI’s pollution for too long, damaging our fishing, our farming
and our lives. We are now looking to the Italian courts for justice for our
people”
The
communities of the Niger Delta have had to live for decades with the effects of
continuous oil spills on their health, the welfare and their livelihoods.
Thousands of oil spills have blighted the communities across the Niger Delta to
feed the profits of ENI, Shell and other oil and gas companies, according to
the organisations.
Colin
Roche, extractive industries campaigner for Friends of the Earth Europe said: “For far too long the communities of
the Niger Delta have had to live with the pollution of their land, their water,
and their air by oil companies who’ve put profit before their lives. ENI should
now live up to its responsibility and clean up the mess it has made and
compensate the community for having to live with their destruction?”
To date,
eleven million barrels of oil have been spilled in the Delta, twice the amount
spilled during the Deepwater Horizon disaster in the Gulf of Mexico, and new
spills still occur weekly. Environmental Rights Action (Friends of the Earth
Nigeria) and Friends of the Earth Europe continue to campaign for the clean-up
of the region [3]
ENI and the Nigerian Ikebiri case
---
Friends of the Earth Nigeria and Friends of the Earth Europe will be supporting the community of Ikebiri for their court case against ENI in Milan, Italy, seeking clean-up and compensation for the pollution that ENI has brought to their land in the Niger Delta. The King of Ikebiri is the plaintiff, and the lawyers representing them are Luca Saltalamacchia with Chima Williams supporting from Nigeria. Friends of the Earth Nigeria/ERA have open lines to the King and members of the community aware of the case.
Friends of the Earth Nigeria and Friends of the Earth Europe will be supporting the community of Ikebiri for their court case against ENI in Milan, Italy, seeking clean-up and compensation for the pollution that ENI has brought to their land in the Niger Delta. The King of Ikebiri is the plaintiff, and the lawyers representing them are Luca Saltalamacchia with Chima Williams supporting from Nigeria. Friends of the Earth Nigeria/ERA have open lines to the King and members of the community aware of the case.
---
The
Ikebiri Community, and oil spill
The
Ikebiri community comprises of several villages in the State of Bayelsa,
Nigeria. The community’s main economic activities include palm-wine tapping,
canoe carving, fishing, farming, animal trapping and traditional medical
practices.
On
the 5th of April 2010 an oil pipeline operated by ENI’s Nigerian
operation, the Nigerian Agip Oil Company (NAOC) burst 250 metres from a creek north of
the Ikebiri community. The spill affected the creek, fishing ponds and trees
essential to the local community, irreparably damaging the livelihoods of the
local community.
On
the 11th April 2010 a joint inspection visit led by NAOC cited
“equipment failure” as the cause of the spill, for which NAOC/ENI are liable.
NAOC operates seven wells and eight pipe lines with several flow lines in the
area. The leak was closed, and the surrounding polluted area of bush was burnt
without the consent of the local community. This is common practice, but is an
inadequate, dangerous and polluting method for cleaning up oil. No other
clean-up has taken place since.
The
Ikebiri Community has engaged in discussions with NAOC/ENI for emergency relief
materials and compensation. An initial payment of 2 million naira (€6,107 on
April 5th 2017 or €10,034 on April 18th 2010) was made to
the community for relief materials. However, to date, the community has
received no compensation for damages as a result of the spill. An initial offer
of 4.5 million naira (€13,636 on April 5th 2017 or €22,365 in
December 2010 when the offer was made) was rejected by the community as
insufficient, and ENI have since discontinued discussions with the community
regarding compensation.
Emilia Matthew, local resident of the Ikebiri community said: I am sick and we don’t know what to resort to when
experiencing illness. Fishing, which has been our means of livelihood is now
threatened; it is no longer productive due to the river being polluted by oil
spills. The fish in our fish ponds in the swamps/bush too have all been killed
by crude oil. So, we have lost our fish ponds. The vegetables we plant within
the community, some of which are medicinal and we use in treating ourselves are
also affected by crude oil.
---
What
happens now?
The
community, through their lawyer in Italy, have engaged in good faith with both
ENI and NAOC, including a meeting in Abuja, Nigeria. However, despite repeated
requests to have their need for compensation and clean up addressed, no offers
of satisfactory compensation have been made. The community and their lawyer
have now decided to take their case to Italy.
---
What is
the significance of this case?
The
oil company at fault in this case is the Italian oil major ENI. This case is
unprecedented in Italy, and if successful will be the first instance of an
Italian company having to face justice in Italy for its actions in destroying
the environment overseas. It will help end the impunity from justice that ENI
have enjoyed and offer hope to others who have suffered damages as a result of
pollution from oil wells or pipelines operated by ENI.
---
What is
the role of Environmental Rights Action/Friends of the Earth Nigeria?
Environmental
Rights Action/Friends of the Earth Nigeria are supporting the community in
taking their case to court in Italy. Friends of the Earth Nigeria have been
working to end the destruction of oil pollution in the Niger Delta since 1993
and support communities to highlight the destruction that the industry has
caused to the health, livelihoods and environment.
---
What is
the role of Friends of the Earth Europe?
Friends
of the Earth Europe is supporting Environmental Rights Action/Friends of the
Earth Nigeria in their work with the Ikebiri community, and has supported
Friends of the Earth Nigeria in their struggle to end oil pollution in the
Delta and their efforts to get justice from the oil industry for many years.
---
Details
of the legal case
The
Ikebiri community, from Bayelsa state, Nigeria, have launched a legal case
against the Italian oil giant ENI, in the Italian courts, seeking clean up and
compensation for damages from an oil spill which has affected their community
in the Niger Delta.
The
King of Ikebiri (the plaintiff), supported by Friends of the Earth Europe and
Friends of the Earth Nigeria, is calling for adequate compensation and clean-up
of an oil spill dating back to 2010, which has yet to be addressed. The Italian
oil giant ENI, which operates in Nigeria through its subsidiary Nigerian Agip
Oil Company (NAOC), is responsible for the spill, caused by equipment failure.
Despite
several attempts by the community to obtain compensation and clean up from the
company the company has failed to adequately deal with the communities concerns
and the community has no choice other than to seek redress from the courts.
Damages:
- NAOC have offered 4.5 million Nigerian naira (approximately €13,636 on April 5th 2017). The damages being pursued are this figure multiplied by the number of years since the spill in 2010. This equals 31.5 million Nigerian naira (approximately €95,452 on April 5th 2017)
- NAOC claim the polluted area is 9 hectares, but now we know from chemical analysis that the polluted area is much wider, between 17.6 and pollution has been found as much as 2km away from the site of the spill.
The
summons cannot be made public until the judge responsible for the case has
formally acknowledged it, as is customary in Italian courts. Documents and
evidence upon which the summons is based can be found here: Link to owncloud
These
include the inspection report from the spill site, survey maps of the area, soil
analysis from the spill site, and environmental and sustainability guidelines
for oil industry actors in Nigeria.
---
Nigeria:
one of the most polluted places on the planet
Oil
extraction has been taking place in Nigeria since the 1950s. Decades of oil
spills and gas flaring continue to leave a vast legacy of destruction,
destroying the health, the livelihoods and the environment of the people of the
Niger Delta.
The Niger Delta is the 5th most oil polluted place on
the planet with the equivalent of 50 Exxon Valdez’s already spilt by 2006 and more
spills every week. In 2011 the United Nations Environment Programme published a
study of Ogoniland, one of the states of the Niger Delta and found that the people
of Ogoniland have “been living with chronic pollution all their lives” that
soil, and water from which people drank, were severely contaminated and that
clean up would take 25 to 30 years.
A
similar report has yet to be carried out on the state of Bayelsa, where the
Ikebiri community is located. Their plight has yet to be comprehensively
recorded.
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