Ibeno to Sue ExxonMobil in USA over Illegal Departure Moves
… We will Support Ibeno Squarely- HOMEF Assures
By Ekemini Simon
The people of Ibeno community have expressed readiness to institute claims against Mobil Producing Nigeria Unlimited in its home country, United States of America over its failure to remediate their environment before leaving.
Mobil Producing Nigeria Unlimited a subsidiary of ExxonMobil is an American multinational oil and gas corporation which commenced operation in Nigeria in 1955. The company operates four Oil Mining Leases (OMLs); OML 104, 67, 68 and 70 which are producing conventional oil fields located in the shallow waters of Ibeno in Akwa Ibom State.
In early 2022, ExxonMobil had agreed to sell its shallow-water assets to Seplat Energy for $1.28 billion plus a contingent consideration of $300 million. The deal also included the Qua Iboe export terminal and a 51 per cent interest in the Bonny River Terminal and natural gas liquids recovery plants at EAP and Oso.
Making their position known on Thursday , March 22, 2023 during a one-day Community Diagnostic Dialogue on the issues of Oil pollution organised by Health of Mother Earth Foundation (HOMEF) in Upenekang, Ibeno, the communities members insisted that Mobil has ignored their several petitions on the need to carry out an immediate and comprehensive audit of the Ibeno community before leaving.
In a position read by a woman leader in the Community, Mrs. Iquo Dan, the community members noted that since July 2022 that the Nigerian National Petroleum Company (NNPC) Ltd through the court temporarily blocked Mobil from selling its assets, the company has not taken any step to audit their years of operation in Ibeno.
They noted that it is their conviction that ExxonMobil is only marking time with the court judgment and further lobbying NNPC limited before it disappears leaving behind environmental, livelihood and health hazards.
The community explained that the reason they choose to take up litigation against ExxonMobil in their home country is because they trust the justice system there more than Nigeria. They further explained that ExxonMobil over the years have failed to respect court judgments delivered in Nigeria against the company like the N82bn damages awarded to Ibeno against Mobil in June 2021.
They offered insight to the fact that their litigation demands would be the immediate and comprehensive audit of the Ibeno community. The community said the audit should cover environmental, livelihood, health, social and economic impacts of crude oil and gas extraction, and should be immediately followed by the remediation of impacted places, restoration of the human and ecological damages caused by extraction activities, and reparations for the irreversible damages caused by oil extraction.
The community added that part of their ask would be that before Mobil must divest, all outstanding memorandum of understanding with host communities and obligatory payments including Host Communities’ Development Trust must be settled, settlement of outstanding judgement claims and compensation obligations to host communities, and implementation of a detailed decommissioning and abandonment plan, or show evidence of savings in dedicated accounts for the Decommissioning Fund, before the conclusion of any sales.
The community asked the federal government to immediately produce a framework and guide for how oil companies disengage from areas where they have operated.
They noted that their litigation will demand that the entire remediation process be done in collaboration with the Ibeno people and all other oil producing communities of the Niger Delta.
On his part, the Director of Health of Mother Earth Foundation, Dr. Nnimmo Bassey assured that HOMEF will stand squarely with the Ibeno community in their litigation move.
He said HOMEF will be rightly disposed to support the community with important documentation including samples of similar cases that birthed positive outcomes.
Dr. Bassey added ” If they decide to litigate against any company causing troubles here, that is perfectly in order. We have seen many communities in the Niger Delta that their struggles have yielded positive results.
We have the case of fisherfolks and farmers against Shell in Oruma and Goi, in the Rivers State, and Ikot Ada Udo in Akwa Ibom State where the Court in the Netherland ordered Shell to pay for the people’s losses.”
Ode and Ikot Adaudo in Akwa Ibom State, Ogoni land and Bayelsa when the Court in the Netherlands ordered Shell to pay for the people’s losses.
While noting that the oil and gas companies destroying the ecosystem and livelihoods including the government which should safe regulation would always not want to pay attention to the plight of the communities except someone presses them really hard, HOMEF Director stressed that the planned step by Ibeno community not only about them but the entire Niger Delta communities destroyed by the impact of extractivism.