We refer to your subject editorial published on June 5, 2023, calling on the Federal Government of Nigeria to ‘…get justice for oil spill victims in Bonga, others’ in the Niger Delta.

Shell Nigeria Exploration and Production Company Limited (SNEPCo) wishes to register its disappointment in the factual inaccuracies, and wrongful assumptions which formed the basis of the said editorial -which suggests that SNEPCo was culpable in the unfounded allegation of polluting some Niger Delta communities arising from the unfortunate leak from the Bonga facility that occurred on 20th December 2011.

The Guardian as a respected newspaper that is committed to being the conscience of the people nurtured by truth, is expected to be more diligent in its investigations and unbiased in its reporting. It is therefore disappointing that the Guardian could have reached the conclusions it did in the editorial.

We hereby draw your attention to a few of the inaccuracies and misconceptions presented in the editorial.
1. Contrary to your suggestion in the editorial, the cases in the UK were not prosecuted by the Federal government of Nigeria. Rather, the cases were initiated by private individuals claiming to be community members impacted by the Bonga spill.

2. The claimants in the UK cases chose to pursue the case in a foreign court, and ultimately lost.

3. Furthermore, it is misleading to state that the Bonga facility has 457 communities with a population of around 28,000. The Bonga facility is located 120 kilometres offshore Nigeria in the Gulf of Guinea, not in the Niger Delta. Therefore, given its location, it is inaccurate to claim that the Bonga Spill directly impacted such a vast number of communities or any community at all.

To set the record straight, the UK courts worked on the unproven assumption that the Bonga spill reached the shoreline and rejected the claimants’ case that Bonga oil could have become trapped and re-mobilised years later, migrating upstream and impacting the Communities. We have always maintained that the Bonga Spill was effectively contained and cleaned up, with the concerted efforts in a joint effort of people and resources from within and outside Nigeria and with the support and involvement of relevant government agencies including regulators and industry experts. SNEPCo and the other Shell defendants, therefore, are not liable for any damage or payment of any compensation as the Bonga Spill did not impact any community.

Regarding your general comments on environmental pollution from onshore oil exploration and production activities by the joint venture operated by The Shell Petroleum Development Company of Nigeria Limited (SPDC), another Shell company in Nigeria and operator of the NNPC/SPDC/TotalEnergies/NAOC joint venture, it is essential to consider the broader context of oil spills in the Niger Delta.

Most oil spills in the Niger Delta region continue to be caused by crude oil theft, the sabotage of oil and gas production facilities, and illegal oil refining, including the distribution of illegally refined products. Illegal connections continued to be a challenge. A total of 468 illegal connections were removed from SPDC’s pipelines in 2022. Whenever spills occur, a formal investigation is conducted by the regulator, involving inspections of the spill site.

All interested parties, including the affected communities, participate in these investigations. However, regardless of the cause of a spill, SPDC cleans up and remediates areas affected by spills originating from the joint venture facilities.

SPDC as a responsive and responsible operator and corporate citizen, carries out its operations in the Niger Delta, with a focus on preventing harm to the environment, utilising all available technologies, including regular overflights surveillance equipment and deployment of anti-theft protection mechanisms, such as steel cages for wellhead.

We refer you to the Shell Nigeria Briefing Notes available at www.shell.com.ng. The notes set out amongst other things, information on our spill response strategy as well the economic contribution of Shell Companies in Nigeria (SCiN) to the development of the Niger Delta and the country.

While it is important to address legitimate concerns about environmental protection and the fair treatment of host communities, it is equally crucial to present a fair assessment and balanced perspective that reflects the complexities of the situation and the efforts made by SNEPCo and SPDC JV. The Guardian owes the people a duty to always present the truth and has not done so in this case. In the
circumstances, the Guardian owes the people and SNEPCo, a public apology for this misstep in editorial writing.

In conclusion, we agree that it is imperative to promote dialogue and collaboration between the government, oil companies, local communities, and stakeholders to address oil spillage and its impacts effectively.

This requires, among other things, tackling the big issues of crude thefts, illegal crude oil refining and vandalism of oil and gas. It is through these comprehensive and collaborative efforts that sustainable solutions can be achieved.
Odugbesan, Country Manager, Communications, Media and NGO Relations, Shell Nigeria.