Aminigboko Community of Abua/Odual L.G.A. vs. SPDC and Shell

Date filed

16 May 2019

Keywords

Countries of harm

Nigeria

Current status

Under review

Sector

Oil & Gas

NCP

NCP The Netherlands

Allegations

On 16 May 2019 a specific instance was filed by the Uwema Aminigboko Community, Council of Chiefs and Elders and Community Development Committee, Emughan Clan, in the Abua/Odual Local Government Area of Rivers State, Nigeria against the Shell Petroleum Development Company of Nigeria Limited (SPDC). The complaint concerns activities of Shell in the Enwhe Field Development Project – Gbaran Phase 3 of OML 22, located in the Aminigboko Community.

SPDC has been operating in this area since the 1960s, and has been drilling and transporting oil through the pipeline since the early 1970s. Mobilization and construction of the Enwhe Field Development – Gbaran Phase 3 commenced in October 2017. The proposed project includes construction of two gas plants, drilling of over twenty oil/gas wells, building additional roads, and construction of 35km of pipeline.

The complainants allege that SPDC violated the OECD Guidelines by declining to disclose to the public the Project’s Environmental Impact Assessment Final Report, not implementing the Freedom to Operate Agreement, and declining to approve appointment of a community-recommended Community Liaison Officer for the project, instead appointing and imposing external representatives onto the Aminigboko Community. The complainants also allege that SPDC declined to approve a Rivers State government interface representative, instead establishing a parallel leadership structure. SPDC allegedly declined to provide social and sustainable intervention following devastating oil pollution in 2010, and also forcefully entered onto the community‘s land with military protection and without engagement or consent. Furthermore, SPCD refused to grant an audience request for community engagement and their correspondence platform failed to attend to the complaints raised in respect to the project.

The complainants are seeking mediation from the Dutch NCP to facilitate dialogue and help resolve the ongoing crisis in the Aminigboko Community.

Relevant OECD Guidelines

Outcome

On 3 June 2021, the Dutch NCP accepted the specific instance for further examination. The NCP offered its good offices to the parties involved. However, SPDC declined the mediation offer. The Dutch NCP will continue its examination process and will issue recommendations for the SPDC.