THE ROLE OF THE NIGERIAN REGULATORY AGENCIES
(1) NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY(NOSDRA) Being Dissatisfied with the Circumstances that led to the December 20th 2011 Bonga oil spill after due process, and as the body statutorily empowered on oil spill. NOSDRA engaged and instructed an indigenous Chartered Estate Surveyors and Valuers firm (Dan Ekotogbo & Co) in consonance with section 19(1) of the NOSDRA enabling Act No 15 of 2006 to determine the compensatory restoration actions needed to compensate for the interim loss of Ecological resources and services due to communities and individual victims pending recovery.
The report in line with international best practice will focus on-:
(a) If natural resources injuries have resulted from the spill,
(b) If restoration is needed that can be integrated into the response actions.
(c) If a subsequent natural resource damage assessment is necessary to sufficiently restore resources or services.
The determination of the quantity of injury, through scientific and economic study and the identification of potential restoration project to offset and or cushion the looses suffered, given and or undertaken by impacted persons to monitor the recovery of the environment, species and other aquatic animals. Restoration aims to return the damaged resources to their original condition and compensate the public for interim losses, i.e, the time it takes the injured resources to recover as well as human’s lost use of the resources damaged throughout the damaged assessment process.
The responsible party pays for the amount and restoration and may participate in restoration activities.
In the event that the responsible party refuses to pay damages, then the trustee may take appropriate action.
THE NOSDRA INTERIM FINE OF $3,600,191,206,00 ON THE SHELL GROUP.
Arising from the Dan Ekotogbo & Co report concluded on the 7th of July 2014, The National oil spill Detection and response agency as a punitive measure slammed an interim fine of $3,600,191,206,00 on the Shell group.
This Series is from the stable of the Oil spills victims Vanguard a non- governmental organisation( NGO) incorporated with the corporate affairs commission, OSPIVV is an initiative whose main object is dedicated to fight for compensation for victims of oil spills, health hazards of gas flaring, transparency and accountability in the Extractive industries in Nigeria.
HARRISON JALLA is an Executive Director(OSPIVV)