Thursday 23 July 2009

The position of Shell BP on gas flaring ,environmental degradation and other issues in Niger Delta: A web chat with Shell BP

• Presubmitted Question
Hello,
I have to questions for consideration, for the dialogue tomorrow:
1. How are you managing the local content requirements in Nigeria? (meeting your staffing requirements while satisfying the Nigerian government and local communities that you are providing employment to local people)
2. How is Shell working with the academic community in Nigeria to increase the supply of young people who can join the energy industry in the years to come?
Bet regards,
Edouard de Guitaut
Director & Co-Founder, energy-future.com
Posted at 13:42

Olav Ljosne
This answer is for Edouard de Guitaut's question:

1.Local content covers staff and products/services. The majority of Shell staff are Nigerian. However, we also have a number of expatriates working in the Shell operations in the country, a number which to a large extent is balanced with the Nigerians that have been given assignment in other Shell companies worldwide. This enable cross learning and development in a very effective way.
On products and services we are much aware that local production and local contractors are best places to support our business. With local content we both have Nigerian and Niger Delta in mind. Our objective is to contribute to the economic development of Nigeria through sustainable growth in the Nigeria content of our business by encouraging and supporting the development of manpower, acquisition of technology by Nigerian businesses and maximizing opportunities for the participation of Nigerian businesses in our operations.
2.Skills and capacity building are key. We have for years been supporting Nigerian universities through different means, we are sponsoring chairs at the universities, and we have a major scholarship programme for students at Nigerian universities. Between 3,500 an 4,000 students are presently receiving scholarships from Shell.
The Shell cooperation with univestities covers:
Þ Shell Professorial Chairs
Þ Research & Development Projects
Þ Sabbatical Attachments
Þ Research Internships
Þ Graduate Awareness (Attraction) Program
Þ Shell Guest Lectureship and Summer Schools
Þ Shell Assessed Internship
Þ Release of non-proprietary data to University based researchers
Þ Book and equipment donation/laboratory upgrade
Posted at 13:50

Shell team member 1
Hello everyone, and welcome to this Shell Dialogues session. In total, 445 people have registered to take part in this chat. We'll give you more updated information about participation as the chat progresses.
Thanks to those of you who have pre-submitted questions. We received a lot of those and our team has already started answering them. They will be posted very soon on your screen.
Some of the questions already received are very specific, and we do expect a lot more questions during this session given the interest for the subject. We may not be able to answer all of them in the allotted time, particularly those relating to specifc issues, but we will do our best.

As always, all registrants will receive an email from us when the transcript with the questions and answers is posted on Shell Dialogues.
Posted at 13:54
• Presubmitted Question
Dear Bjorn

I would like to discuss the following question

How often do you remind your majority partner in Nigeria to honour its commitments to “mitigate any negative inputs from your joint activities” (Shell Business Principle 6)?

I look forward to the discussion this afternoon

Regards Peter Murry

Bjorn Edlund
Thanks for your question, Peter - this principle is present and alive in all our activities and discussions in the joint venture. Why would a company want to cause "negative inputs"? And if you do, inadvertantly, they should be mitigated.
Posted at 13:58
• Presubmitted Question
This is a presubmitted question from Ayodeji Adebola

I live in Nigeria and I have been to the Niger Delta which is where Shell carries out the majority of its operations. It is very hard for me to reconcile the touting of Shell as an environmental friendly company and the degradation I see there.

Now, my questions are these: (i) why is Shell still flaring gas in defiance of the Government's strong warnings? (ii) Why lose $2.5 billion annually when the gas can be harnessed? (iii) Is Shell not taking the easy way out, instead of investing in technologies to prevent gas flaring?

Nick Wood
Ayodeji, thanks for your question. The Shell Petroleum Development Company of Nigeria wants to put out the flares and has achieved a lot. So far, more than $3 billion has been invested on gas gathering facilities and the amount of gas flared is 60% lower today than it was in 2002 - this includes the impact of lower production due to security issues. There are plans to collect the gas that is still continuously flared but these have been delayed by security problems, that have meant it is just not safe for staff to work, and by funding shortfalls by the majority partner in the joint venture, the government. Completing the gas gathering programme will cost more than another $3 billion.
Posted at 14:01
• Fiona
Does Shell plan to integrate assessment of human rights impacts into its assessment processes in the Niger Delta, following the piloting of this approach in Oman? If so, when will this happen?

Richard Dion
Thanks for your question.
We do incorporate human rights issues when making business decisions and have increasingly been looking at human rights in our impact assessment processes. We have used the Danish Institute for Human Rights tools in this work. We have undertaken an internal project on integrating human rights into our project cycle which will see the insertion of human rights references in project guides. Regarding specific assessments in Nigeria, all projects look at environment, social and health impact assessments, which include aspects of human rights.
Posted at 14:01
• Presubmitted Question
As a Shell customer, I would like to ask you a question regarding the welfare of the localities (people and environment) of the oil fields and processing areas for your products. Do you take or intend to take full responsibility for leaving these places better than or at least in as good condition as you found them? If so how will you do this?
Yours sincerely,
Louise Brookes

Nick Wood
Louise, the principles we follow in our operations or projects anywhere in the world are to protect the environment and find ways for people affected by our operations to benefit. In Nigeria that happens in a number of different ways. Shell contributed $82 million last year to community development in the Niger Delta. In total, including the contribution of all our partners in the joint venture, that came to about $240 million. In addition we look to maximise the contribution of local people and companies to the business through employment and contracts. 95% of our staff are Nigerian. Last year 90% of contracts were awarded by the Shell Petroleum Development Company of Nigeria to Nigerian companies.
Posted at 14:04
• RON EDEMA
Greetings,
Posted at 14:04
• Presubmitted Question
First of all, thank you for accepting this web chat about doing business in Nigeria, challenges and questions.

I have always wondered : have you ever thought of the consequences of some of your activities, like polluting the living place of thousands of people?
Like the example given in the montly journal of June of Amnesty International France :
burning gas => air pollution => acid rains => health problems + deterioration of soils for agriculture.
Don't you think it is YOUR responsability?

Sincerely,
Mel V

Bjorn Edlund
Mel - We always want to be available for dialogue.

As for your question - of course we think about the consequences of our business activities. You raise the bigger issue about fossil fuels. The energy system that the world has built still depends on fossil fuels, and it looks like this will continue to be the case for decades to come. Now, with the climate change debate and the coming Copenhagen summit, we also see how the world tries to respond - finding ways to cap emissions and progress other forms of energy. We play a role as a company, that's for sure. And we take this responsibility seriously.
Posted at 14:08
• Presubmitted Question
In November 2005,a high court sitting in Benin city Nigeria, delivered a landmark judgement in a case between Shell and Jonah of Iwherekhan community in Delta state, against continuous flaring of gas in Nigeria. Why has Shell continued to flare gas even when this judgement has never been challenged? Also on Thursday, 2nd July, 2009, Nigerian Senate passed a bill that ends gas flaring by December 2009, what is your comment on this?
Among the many demands of the Ogoni people in Nigeria, was that Shell pays for what they call "35 years of oil theft" from their land. In one of his many speeches, Ken Saro-Wiwa urged the Ogonis to demand for this money as precondition for commencing further oil exploitation in Ogoni. When will Shell pay this money?
AkpoBari Celestine
Ogoni-Nigeria

Alice Ajeh
Celestine,
In the November 2005 case,the High Court has granted Shell's motion for a stay of execution of the ruling,pending the hearing of the apppeal filed by Shell.
On the Senate Bill, Shell acts in accordance with applicable laws of the country. We are as concerned as you to see continuous flaring stopped. In SPDC operations, flaring has dropped by 30% due to the associated gas gathering projects we have embarked on. Including the reduction due to shut in production due to the security situation, flares have gone down by 60% between 2002-2008.
Shell pays royalties and taxes to the Federal Government as required by law.
Posted at 14:08
• Peter Murray
But Bjorn, could you tell us how often you have the dialogue with your local partners - daily weekly once in a blue moon?

Bjorn Edlund
Peter - We have weekly and monthly more formal and organised meetings, but we work alongside our partners at many levels every day.
Posted at 14:10

Shell team member 1
We're getting a few off-subject questions on fuels, on Shell activities in European countries, etc. We'll not respond to those now, but will pass them on to our appropriate colleagues so they can get back to you.
Posted at 14:10
• aggy
Shell has said that their data on gas flaring showed ‘no huge overriding concerns’. What does this mean? Can we see the data?

Nick Wood
Aggy, thanks for the question. The World Bank has reported that the environmental and health significance of glas flaring in the Niger Delta was low. Any negative effects of flaring are confined to the immediate vicinity of the flare and will have little or no impact on the health of the local populations.

To add some more perspective, the Shell Petroleum Development Company of Nigeria has fewer than 110 flares in an area the size of Portugal.
Posted at 14:10
• Presubmitted Question
I was stuck by this sentence in the ‘Independent’ on 1 July:
“Independent auditors estimate that up to 13 million barrels of oil
have been spilt in the Delta, an amount equivalent to an Exxon Valdez
disaster every year for 40 years”. What steps are Shell taking to
clean up the environmental pollution caused by what seem to be lower
working standards than those that operate in the UK?

For example: An oil spill occurred at Kira Tai in Ogoniland on 12 May
2007. What steps have been taken to clean up the pollution caused and
have the communities adversely affected received any form of
compensation? Why has Shell ignored the investigation’s finding that
corrosion was the cause of this spill?

Phil Adams

Olav Ljosne
Thanks Phil,
We are as concerned about oil spills as you are. Remember that the majority of spills follows attacks at our installations, cutting into pipelines or spills that follows the oil theft which is a major problem.
To be able to assess damages and clean up as speedy as we want to, it require safe access for our staff. This is not always the case in the Niger Delta, and our handling of the spills get an unfortunate delay. Following access we stop leaks and make an assessment together with authorities and community what clean up is required. Irrespective of reasons for the pollution, we are cleaning up.
We are not producing oil in Ogoniland, and left in 1993 because of the safety of our staff. We are anyway cleaning up where leaks appear, and all information about reasons for the spill is handled very carefully by our teams.
Posted at 14:12
• Kal-El
What percentage of your workforce in Nigeria are from local communities? Do you have training practises in place to train local work forces rather than gathering people from outside the country.

Bjorn Edlund
In the staff workforce, some 60 percent of the workforce come from local communities. In the affiliate workforce (contractors), the percentage is much higher.
Posted at 14:13
• Presubmitted Question
From Fiona McLaren: Will Shell commit to stopping all gas flaring in the Niger Delta?
Will Shell commit to conducting reports into the human rights impact
of their work in the Niger Delta and ensure this is made available to
local and international communities?
Will Shell commit to acting to stop all oil spills in the Niger Delta
promptly, followed by a swift and thorough clean up?

Thanks

Basil E. Omiyi
Shell has continued to express her commitment to ending routine gas flaring in the Niger Delta, demonstrated by the US$3.0 billion so spent on the programme and and achieved reduction of some 60% since year 2000 levels. It will require some US$ 3.0 billion additional investment to complete the programme. As you can imagine, how fast we progress this depends on resolving the industry funding challenge( hopefully to be resolved by the Govt.proposed industry restructuring) as well as the security situation in the Delta.
Shell has been committed to achieve best pratice in oil spill mitigation through improved asset integriy programme. But you must be aware that in 2008 , some 85% of the volumes of oil spilled was caused action of criminal gangs involved in crude oil theft or wilful damage to pipelines by militants. This needs to be addressed by the government security agencies.
Shell by her Business Principles and signatory to the Volunary Principles on Human rights approach these matters responsibly.
Posted at 14:14
• Presubmitted Question
Dear Shell Dialogues,
Thank you for allowing this opportunity at e-dialogue. My questions: what do you propose to do about gas flaring?
Many thanks,
Phil Moore

Alice Ajeh
Phil,
Thank you for your question.
We acknowledge your concern as well as that expressed by many at the continued flaring in Nigeria - we share those concerns and want to stop flaring. Between 2002-2008 the SPDC operated joint venture has reduced associated gas flaring by more than 30% by the investment of over $3 bln in gas gathering projects such as gas gathering plants and an extensive pipeline network to collect gas from more than 1,000 wells scattered across the Niger Delta. Including the impact of reduced production because of the security situation, flaring has reduced by 60% in this period. This gas is now harnessed for domestic use and for LNG supply.
More than $3bln further investment is needed to complete the gas projects as we plan- but that will need improvements in security and funding solutions - the government partner had been unable to fund its share of the projects.
We are committed to working with government on this important issue. SPDC and the rest of the industry in Nigeria continues to discuss actively with government the necessary steps to eliminate flaring as well as the regulatory regime associated with gas flaring.
Posted at 14:17
• tyc
A comment at the conclusion of the discussion: Good job, Shell, for inviting and answering these candid questions. Whether everyone agrees, or not, with activities, your willingness for dialogue is appreciated and sets a model for other companies.
Posted at 14:17
• ifufu
Hello,
The Nig Govt recently announced that the licence for Shell's Ogoni fields have been revoked and Ogoni community leaders have said they do not want Shell to return to Ogoni. Questions are:1. Is Shell ready to accept the decision of the Nigerian Government and Ogoni people and leave Ogoni land?
2. Does Shell believe it can still operate in Ogoni land? If the answer to this is no, what are the qualifications of the new company that you will like to see succeed Shell in
Ogoni? If yes how soon do you think Shell will be able to return to Ogoni?
3. Why did Shell settle the Wiwa case out of court? Was it partly to compensate the victims of the military oppression in Ogoni so as to enable Shell to return to Ogoni land?or was it to avoid the rendering of a guilty verdict on Shell's role in the Ogoni crisis?

Thanks.

Basil E. Omiyi
The Government did not revoke Shell's Licence in Ogoniland. Government has expressed preference for another party in the Joint Venture to operate the Ogoni oil fields. The party they would like to hand the operatorship to is the operating arm of NNPC who is the majority partner in the joint venture.
Shell fully accepts this and it is line with the Joint Venture's Joint Operating agreement (JOA) which states that any of the four partners can operate the fields.
Posted at 14:22

Shell team member 1
We're getting the same question many times repeatedly, so please check whether the question you're asking has already been answered before submitting. This will allow us to cover as many subjects as possible. Thank you.
Posted at 14:22
• Vero
Hello

Why is Shell not disclosing the information they have related to assessment of the environmental, social and human rights impacts of all oil and gas projects in non-technical language?

Olav Ljosne
Hello Vero
Thanks for your good question which basically is a comment. We are an oil and gas company and our language tend to reflect so,- and sometimes too much in our communications. I am very open to have concrete comments as we try to be as informative to as many stakeholders as possible.
Olav
Posted at 14:22
• maryella
In resource rich countries, there is a long history of tendencies toward corrupt practices between extractors and governments due to the immensity of the wealth being generated. In Nigeria, this history has been long documented, and the government continues to have a strong reputation for corruption. What is Shell doing to move toward more transparency and accountability? Are you supporting the EITI in Nigeria, and if so, what steps are you taking to comply?

Richard Dion
Maryella, thanks for your question. We have been involved with EITI from the very beginning, drafting some of its earlier principles and working with governments in Nigeria, Gabon and Cameroon specifically regarding implementation. We were the first company to publish what we paid to the Nigerian government. Shell is also represented on the Board as well as on the Stakeholder Committee in NEITI.
Posted at 14:24
• Becky
Hello, I have a couple of questions: i) Will Shell support an independent assessment of the environmental and social impacts of its operations in the Delta, including the provision of access to all relevant reports and studies since (and before) it began its operations in the Niger Delta? ii) Shell states its commitment to contribute to sustainable development through its decision-making; and in its business principles Shell states that “We continually look for ways to reduce the environmental impact of our operations, products and services”. Is Shell willing to adjust its Business Principles to take this further by committing to also rehabilitate all its sites to their previous condition, or better, where a negative impact on communities and the environment has occurred as a result of its operations? Thanks, Becky

Nick Wood
Becky. We regularly work in partnership with NGOs and other organisations in our community development work which involves assessments of the impacts and needs of people and the environment.

The Shell Petroleum Development Company of Nigeria (SPDC) is supporting an independent assessment of the impact of oil spills on the environment in Ogoni land, being led by the United National Environment Programme.

SPDC does restore operational sites and sites where there have been spills. We report information related to this at http://www.shell.com/home/content/nigeria/news_and_library/publications/dir_briefing_notes.html
Posted at 14:24
• christopher
Hello,
I will like to ask this question to Bjorn Edlund. Examining the overall Corporate Governance Policy of Shell, There is a focus on corporate social performance (CSP). How is this CSP institutionalised to benefit the Nigerian society especially the niger delta where Shell is operating?

Bjorn Edlund
You will find a lot of information on the Shell Nigeria website. Let me pick out a few facts - in 2008, Shell-run companies in Nigeria awarded contracts worth more than 900 million dollars to Nigerian companies. We employ some 6,000 people in Nigeria - both direct staff and contractors. Shell contributed 58 million dollars to the Niger Delta Development Commission in 2008, as required by law. So there are many ways we institutionalise the benefit to local society, as you phrase it. The main benefit of course is our economic contribution. Our Nigerian company SPDC contributed more than 34 billion dollars to the federal government between 2005 and 2008.
Posted at 14:25
• Fred
Shell's EA crude blend production in Nigeria resumed on July 2 after being halted for more than 3 years. What level of production are you at currently and when do you expect to reach the level prior to the outage, which was I believe 150,000b/d? Also, when do you expect the force majeure clause on EA exports to be lifted? Regards, Fred

Olav Ljosne
Hello Fred,
Thanks for your question, and I can confirm that we are back in production from the EA field. We never publish daily production figures. The production level before shut in after militant attack in February 2006 was 115,000 barrels of oil a day.
Olav
Posted at 14:27
• Fiona
Does Shell believe that pollution and environmental damage associated with the oil industry (including oil spills, gas flaring, waste disposal, river dredging) over the past five decades has contributed to poverty and conflict in the Niger Delta?

Basil E. Omiyi
Yes, but even more so is the baseline demand of the people of the region for the Federal Govt. to grant them greater share of the oil proceeds( a political matter), as well as corruption, criminality, and general poor governance.
Posted at 14:27
• charlessheridan
Has Shell been able to look at my question about modifying refineries to use co2 as a feedstock? Charles Sheridan

Shell team member 1
Hello Charlessheridan,
We are exclusively focusing today's discussion about our operations in Nigeria, but we will pass your question on to our colleagues in the appropriate department and ask them to get back to you.
Posted at 14:28
• inroads
How much money is made as profit from Nigerian Oil? How much of it stays in Nigeria? thank you, Louise

Bjorn Edlund
Luoise - Nigeria depends on oil for about 80 percent of government revenue. As I said in a previous answer, our Nigerian company SPDC contributed more than 34 billion dollars to the government 2005-2008. The government receives some 95 percent of the revenue after costs from our onshore production, which is managed by SPDC.
Posted at 14:30
• PaulAtJustmeans
Bjorn, I am sure Shell conducts tests etc to ascertain what the effects to the total environment (waterways, seas, air, human etc) might be or have been regarding the business activities, are there any reports available that we can see?

Bjorn Edlund
Paul - you can look for the answers in the Shell Sustainability Report, which is available on our website.
Posted at 14:32
• joatham
How does Shell enforce the commitments it makes to not engage in any bribery or corruption, including not accepting a bribe, facilitation payment or kickback? Are you really able to stop your employees from engaging in such behaviour?

Richard Dion
Joatham, thanks for your question.

Before we enter any country, we ensure that we can comply with Shell's General Business Principles. Principle 3 regarding business integrity makes it explicit regarding bribes and facilitation payments. It has happened that we have had to terminate contracts for violation of business principles and we report on this publicly in our annual Sustainability Report. Several years back, we established an Ethics and Compliance Office which I think demonstrates our commitment in this area.
These habits are part of society, no company can be entirely immune, but that's why we have a clear policy, backed up by an enforcement programme, with terminations.
Corruption is bad for business, and can have financial as well as legal implications.
Posted at 14:35
• Dawn
Security reports rank the security situation in Delta and Rivers States as "stable" and "medium". However, it appears that there recently has been a measurable increase in attacks on oil companies in these areas. Due to a pipeline attack, Chevron had to stop production. At what point would Shell decide that it simply isn't possible to continue operating in Delta and Rivers States?

Olav Ljosne
Hello Dawn,
Thanks for your question. Not sure what reports you are referring to, but you are right that we have had an increase in attacks against installations and kidnapping recently . We are producing oil and gas in several states in the Niger delta, and staff safety is our prime focus. Where installations and pipelines are attacked we stop the production.
Olav
Posted at 14:35

Shell team member 1
Quite a lot of questions have just come in. All the team members here are working to get as many as possible answered in the next half hour. You can still send new questions for the next 15 minutes.
Posted at 14:35
• Veen1966
Hello,

will Shell stay in Nigeria regarding the attacks on oilpipelines?

Alice Ajeh
Hi,
Although the situation is challenging,Shell is in Nigeria for the long haul. We have been in Nigeria through a very difficult time in her history-the civil war. We have a genuine desire to work with the communities and the government to find solutions to the problems faced in the country. As a Nigerian myself, I'm proud of the contributions we make. In the past four years for instance, SPDC has contributed more than $34b to the government. About 95% of the revenue after costs from our onshore operations in Nigeria are paid to the government in taxes and royalties. Shell employs about 6,000 staff and contractor staff, 95% Nigerian

The position of Shell BP on gas flaring ,environmental degradation and other issues in Niger Delta: A web chat with Shell BP(contd)

Posted at 14:36
• Emybrad
Hi Nick, Just wondering. If shell contributed $82 million dollars for community development last year, why then do Shell still has issues with the community?

Nick Wood
In any country in the world the government has primary responsibility for the development of its people and this is true of Nigeria . . . . and the Niger Delta communities. The contribution that Shell makes anywhere it operates is intended to supplement this.

Most of the 30 million people living in the Niger Delta remain poor despite oil production. Unrest has grown. Frustrated by the lack of benefits from oil production, communities have targeted the operations of energy companies including Shell. They demand better public services and a greater share of government revenues.

The funds we contribute in our social investment will not solve the problem but we do our best to make a difference.

Our greatest contribution are through the taxes and royalties we pay. The federal government receives about 95% of the revenue after costs from oil and gas production in the Niger Delta.
Posted at 14:36
• RON EDEMA
I would like to know cooperate social responsibility(CSR) strategy put in place to give Peace to the region?

Bjorn Edlund
Peace is the one thing we am for morethan anything else. We are working with local, state and federal authorities as well as local communities in several ways to try and find solutions to the tensions and conflicts in the region. Our strategy is to be a positive contributor in any way we can. We cooperate with NGOs and other development partners to find practical ways to contribute to peace. Much of the situation in the Niger Delta is totally outside our "control" of course, and peace will depend of others, like the militants, coming to the table with better intentions than in the past.
Posted at 14:37
• Presubmitted Question
At present, what is the proposed structure of the Kiisi Trust (to which the recent settlement money will be directed)? Is there a model for this kind of undertaking in Nigeria? How will progress be measured?

Shell’s purpose includes the statement: “We aim to work closely with our customers, partners, and policy-makers to advance more efficient and sustainable use of energy and natural resources.” Was it a conscious decision not to include other stakeholder groups (employees, communities, etc.) in this statement?

Aside from the settlement money, how much of Shell’s community development contribution ($240 million in total, $82 million from Shell in 2008) has directly benefitted the Ogoni? What programs have been implemented?

Is the continued use of Ogoni land for pipelines a point of contention with the Ogoni? Does Shell directly compensate the Ogoni for this right to operate?

Sustainable economic growth in Nigeria depends on economic diversification (promoting manufactured exports and supporting agricultural development). Shell can’t necessarily set Nigerian economic policy, but it has already contributed millions to small businesses and job training. Has Shell considered increased investment in cleaner biofuels and green technology in the Delta?

jonathan feinstein project coordinator, CSR

Olav Ljosne
Hello Jonathan,
The trust fund is handled by an independent board of trustees appointed by the plaintiffs so you need to raise this with the board.
Shell stopped operations in Ogoni-land in 1993 because for security reasons. We have anyway been running important community programmes within Ogoni.
We have a leading portfolio of biofuels technologies, these are located mainly in North America and Europe - please find out more on www.shell.com/biofuels - and also invest in a range of CO2 technologies such as Carbon Capture & Sequestration. In the Niger Delta we focus on operating our assets efficiently and safely, and also work to mitigate environmental impacts, however you will be aware that the security situation in the Niger Delta has a major impact here.
Olav
Posted at 14:38
• Michael Persson
We know that you pay royalties and taxes to the central government. Do youthink a fair deal of this money is redirected to the regions where you operate?

Bjorn Edlund
Michael - that is a big problem, that the money doesn't seem to be spent on creating real benefits in the communities.
Posted at 14:40
• Daubenton
What would be the likely consequences on Shell and on Nigeria as a country, if Shell simply stopped all operations in Nigeria.

Olav Ljosne
Hello Daubenton,
Shell has never considered to stop our operations in Nigeria so your question is hypothetical,
We have no intention to leave Nigeria where we have operated for over 50 years.
Olav
Posted at 14:41
• alagss
Hi, how do we ensure we get a true sustainable development for Nigerian Oil producing communities and what are our own grouse about the current petroleum Industry Bill before the National assembly?

Basil E. Omiyi
You may be aware that the most crisis impacted parts of the Delta is the marine and riverine part completely devoid of Government's social and economic infrastructure. This has hampered development. The little there is is what Oil companies have provided. But given that this an area the size of England the oil companies can help but really it is for Government to do. In summary, the solution is for Government to integrate the region with the rest of the Nigerian economy through infrastructure investments and businesses will move in there to creat jobs and livelihoods.
There are many good things about the PIB and many areas that need improvements so that Nigeria will continue to attract FD investment dollars in a competitive capital short world. We Share Goverment's aspiration for oil and gas growth, higher revenue and domestic gas and power urgency.
Posted at 14:42
• Paul
Thanks for that comment, Richard Dion. Are there any available human rights assessments or can you point me to an environmental and social impact assessment that includes analysis of human rights? I have been trying to understand how these are currently conducted. Paul Lawrence

Richard Dion
Paul, Fiona,

I'll answer this jointly as you asked similar questions. We have published impact assessments in other countries, such as the Sakhalin Energy project in Russia's Far East. The publication of impact assessments was one recommendation coming out of the recent Amnesty International report and this is something that we are studying.
Posted at 14:42
• Dill
Dear Nick, If Shell have spent all these millions on community development and put so much effort in sustaining the environment, how do you explain the levels of contamination that affect both the health and the livelihoods of so many of the local people, particularly in Ogoniland, as reported by Amnesty International.

Nick Wood
Dill, this is a very generic question. As far as livelihoods go, the oil industry generates employment. 95% of Shell Petroleum Development Company 9SPDC) staff are Nigerians, many from the Niger Delta. There are are approximately another 20,000 people employed by contractors working for SPDC. 90% of contracts let by Shell last year were to Nigerian companies.

In terms of health you will have to be specific but we built hospitals for communities in the Niger Delta, run malaria programmes and an AIDs programme that won an international award in New York last month. Our work is all about improving health.
Posted at 14:42
• DUMLETAM
Why does Shell fear committing to adhering to international standards, example, standards that require the conduct of Social Impact Assessment Studies(SIAS) Environmental Impact Assessment Studies (EIAS) and Economic Impact Assessment Studies (ECIAS), especially when it comes to doing business in the Niger Delta?

Bjorn Edlund
I don't know where you get the idea from that we're afraid to adhere to international standards.
Posted at 14:43
• aggy
How can you say that gas flaring has no significant impact on people's health - but still claim a desire to stop it? Why would you bother if it had no negative impact? Shell clearly recognises that flaring has negative health impacts but is trying to brush over it on this chat.

Nick Wood
Aggy, I was quoting an independent report on flaring and health. We want to stop continuous flaring because we recognise it is a waste of resources and is a source of CO2 emmissions which we are committed to reducing as muchas possible. We have made progress on reducing flaring - but I have already covered this.
Posted at 14:45
• akirraboo
please excuse the inevitable cynicism that emanates from this question - but given the information at hand i find it difficult to accept the 'rose couloured' picture being painted here. i would, however, find it far easier to see Shell emerging from its past recklessness (of which all petroleum companies are guilty) if certain materials were made public - obviously that includes certain studies and data (as requested by Amnesty) but on a PR level, perhaps some evidence of the millions of dollars spent in the Niger Delta region rebuilding the community and addressing environmental issues. Clear records identifying where money went, how it was used and by whom, and media records of the 'benefits' now being enjoyed by local communities. i would find such information so much more convincing then just this Q&A format (though i appreciate this dialogue) and certainly better then the 'we're so green' marketing adds. i sincerely thank you all for your time, alison.

Bjorn Edlund
Alison - we report on these aspects in our sustainability report, and on the Shell Nigeria website.
Posted at 14:46
• charlessheridan
Would Shell look at helping to solve two problems at once? Would Shell look at the possibility of building skid mounted bottling plants that would draw on the gas stream going to flares? This gas would be part of a community program to provide jobs and income by donating bottled gas to the local community. Charles Sheridan

Alice Ajeh
Dear Charles,
Thanks for your concern and interest. We would like nothing better than to see the flares put to good use(as we are doing with the gas gathering projects currently on-going). We are also interested in options to benefit the communities and are working on options with NGOs and other agencies with like ideas which will be sustainable.
Posted at 14:46
• isaac boro
Olav Ljosne, re Phil's question, can you prove most spills are caused by attacks to your installations? Shell's infrastructure is over 40 years old in many areas, well beyond the normal lifespan of pipelines. In that case, it would seem most spills are caused by company neglegence.

Why do community leaders repeatedly claim Shell is unresponsive to their pleas to clean up spills?

Olav Ljosne
Thanks isaac,
We have a proper assessment of each spill through a joint investigation team composed of representatives from the authorities, the community and Shell. Based on their reports we know the reasons for the spills. Shell is maintaining the infrastructure and your indication that spills happens because of negligence is wrong. Shell is giving all spills immediate attention, but where we are denied access to the spill sites we get delayed.
Olav
Posted at 14:47
• Caroline Rees
Dear Bjorn, Thanks for hosting this webchat. I look forward to learning from the exchanges. I would be interested in knowing what systems or mechanisms Shell has in place to handle concerns/complaints/grievances/disputes from communities around its operations and how these work.

Basil E. Omiyi
Shell has an open door policy for concerned persons or organisation to express their views on our operations. We have published complaints hotlines but in country and out of country to give options to people who wish to use them.
Posted at 14:47
• Michael Persson
We've seen a lot of activity of the MEND lately. Are you trying to negotiate with them or do you leave that to the government?

Nick Wood
Michael, this is government matter.
Posted at 14:50
• julia
It is reported in Amnesty International's report ‘Petroleum, pollution and poverty in the Niger Delta’ (see p 59) that Shell’s former Head of environmental studies told reporters in 1995 that that Shell ‘were not meeting their own standards; they were not meeting international standards. Any Shell site that I saw was polluted. Any terminal that I saw was polluted. It was clear to me that Shell was devastating the area’.

What are your comments on this?

Bjorn Edlund
There were problems in the Niger Delta in the 1990s and the industry affected the environment there. We have always recognised that. But the facts are the real damage since that time has been caused by oil theft and sabotage of our installations. In 2008, 85 percent of the oil spills in the Delta were the result of sabotage.
Posted at 14:51
• christtuk
Also, between 2003 and 2005, Shell established a Pipeline Integrity Management System in the Niger Delta and carried out an asset integrity review (which examined the condition of Shell’s pipelines). Why has Shell not made the full results of the asset integrity review public?

Basil E. Omiyi
Maintaining Asset integrity is a continuing business activity with parts of the organisation fully devoted to this. The biggest challenge today is not about reports but about stopping the contnuing criminal willful damage to oil and gas assets especially pipelines.
Posted at 14:54
• Desiree Abrahams
Thanks for the opportunity to post a couple of questions. It's good to hear that you have been considering human rights issues in your impact assessment processes. Do you feel that the process you've adopted has adequately met Shell's needs? Are there any lessons learned you can share?

Richard Dion
Desiree,

Thanks for your question.

Throughout the last number of years, we have learned a great deal from projects and regularly carry out reviews which look at how we can perform better in future projects. We are continuously learning - we haven't gotten it right always, but we have improved in a number of ways with regards to potential environment, social, health and human rights impacts of our operations. Equally so, we are continually learning how to maximise the positive from our presence on the ground. We have shared some of these learnings informally in various industry associations where we consider issues related to our industry.
We closely follow societal developments in terms of the expectations for companies to respect amongst others things human rights, and keep under review whether we have in place policies and procedures to properly address the needs.


Posted at 14:54
• geertritsema
Dear Mrs Alice Ajeh, I am referring back to your anwser to the question posed by AkpoBari Celstine from Nigeria. I am sorry to say, but I think you are avoiding his key question: will Shell stop gasflaring in Nigeria by December 2009 ? Apparently stopping gasflaring by the end of this year is required by the Nigerian Senate. Furthermore, Shell Nigeria itself has promised in its annual report in 2006 that it 'intends to shut production at oil fields in 2009 where no solution has been found to gather gas.' So I repeat the question: "Will Shell stop the flaring of gas in Nigeria by the end of 2009, as required by the Nigerian Senate and as promised by Shell Nigeria in 2006" Please a clear "yes" or "no". Thanks in advance for your anwser, Kind regards, Geert Ritsema Friends of the Earth Netherlands Amsterdam Can you please anwser this

Alice Ajeh
Dear Geert,
The Senate proposed stop date for flaring is December, 2010. However, all Oil and producers in Nigeria including SPDC have been advised by the Federal Ministry of Energy to maintain the status quo with respect to the flares until further explicit government directives on the issue. It is simply not up to Shell to act unilaterally against the express wishes of the government. As you know, flaring is a waste of resources and we are equally anxious to complete our programmes to harness the gas.
Posted at 14:56
• rathfern
Why does Shell find it impossible to admit it is one of the principal contributors to pollution and human rights abuse in the Niger Delta?

Bjorn Edlund
Because it simply isn't true. First of all we recognise and take action where we can to remedy pollution, whether it is caused by our operations directly or by sabotage. And it is simply wrong to say Shell abuses human rights.
Posted at 14:56
• beclo
Does Shell believe that pollution and environmental damage associated with the oil industry (including oil spills, gas flaring, waste disposal, river dredging) over the past five decades has contributed to poverty and conflict in the Niger Delta?

Olav Ljosne
Hello Belco,
The challenges facing the Niger Delta are complex and covers poverty, unemployment, growing population, governance and several other issues. Handling of these issues are for the State and Federal government and for the communities to handle. The oil industry's footprint is impacting on small parts of the delta. Something you will know if you have been in the area with the size of Portugal. Environmental impact is according to the World Bank mainly from local industrialization and population growth. We are handling environmental issues linked to our operations.
Olav
Posted at 14:57
• charlessheridan
Thank You, panelists, for fielding my questions! Charles Sheridan
Posted at 14:57
• mjc
is Shell acting in an ethical way?

Richard Dion
MJC - thanks for your question.

Our core values of honesty, integrity and respect for people as well as our Business Principles and Code of Conduct require that we act ethically. Our staff and stakeholders want us to behave ethically. Our business is not a short-term business. We have not been around for over a century by cutting corners and acting unethically. That's not to say that we are perfect.

All companies like other institutions frequently have to deal with dilemmas and our principles help us reach decisions. It simply doesn't pay to act unethically when you are in business for the long term.

Posted at 14:58
• H_Shaw
Has Shell done any studies or data gathering on the impact of oil operations and oil pollution on fisheries or agriculture in the Niger Delta? If so, will Shell publish them?

Olav Ljosne
Thanks, and I am sure you are referring to the Niger Delta Environmental Survey that has been done for all the oil companies operating in Nigeria. We have been of the opinion that this should be published, and we will raise that with the other companies behind this study.

Olav
Posted at 15:00
• mostmodern
The loss of civilian lives in the recent military offensive in the Niger Delta is a cause for grave concern. The offensive indicates that the Nigerian military is more interested in protecting oil company facilities than it is protecting its people. Is it in line with Shell's business principles to operate behind a military shield in the Niger Delta? What is the consequence for human rights in the region?

Bjorn Edlund
We regret any use of violence. Of course it is not in line with our principles to operate behind a military shield. In the Niger Delta, we've seen violence escalate in recent years, as armed militants have attacked oil installations. It is hard to make sure that our staff and operations are safe, in this situation -and as you know we have shut down parts of our operations since 2006.
Posted at 15:05

Shell team member 1
As you'll have noticed, we have received a lot of questions, and the team is still answering as many as we can.
We may not be able to answer all of them before closing the session, but we are doing our best and will continue to work offline after the session closes.
Again, all participants will receive an email from us soon announcing that the transcript with the questions and answers is on Shell Dialogues.
Posted at 15:05
• angelo de souza
hello. i would like to ask: is shell optmist about peace in delta (end of militancy, vandalisation, kidnapping and so) as a result of the amnesty proposed by the govt?

Basil E. Omiyi
Given the fact that the political demand by the people in the Niger Delta for a greater share of the oil income is the main cause of the crisis in the region ( as every person in the region will tell you) and not pollution or other secondary issues, I believe that the current dialogue between the Federal Govt and the people of the region if approached honestly and generously will lead to a solution.
Oil in itself is not the issue and it infact a blessing. It is how the blessing is managed to meet the needs of the local communities and host goverment as well as how it is used for the needs of thw world.
Posted at 15:06
• inroads
If the government and criminal gangs are the obstacle to much of your work cleaning and re-greening, how are you addressing solving these problems? Thank you Louise

Nick Wood
Louise, I dont see the government as an obstacle but a partner and we all need to work together with other parts of civil society to find solutions to the problems the Niger Delta faces.
Posted at 15:08
• AYOOLA
What is the overall impact of the drastic reduction in Shell production in Nigeria on the long-term sustainability of Shell business in Nigeria?

Would it be right to conclude that in the face of the prevailing security situation, incessant attacks on production facilities and infrastructure, constantly declining production and restricted access to field locations; doing business in Nigeria would become unprofitable for Shell?

What is being done to ensure that Shell does not get to this point?

Olav Ljosne
Hello Ayoola,
Shell has been in Nigeria for around 70 years and have produced oil for over 50 years. You are right that the situation is challenging. But Shell is important to Nigeria and Nigeria is important to Shell. The main focus is safe operations and as little impact on the environment as possible. Security is a responsibility of the government. Several initiatives have been taken, and I am convinced that we will operate in Nigeria for long time ahead.
Olav
Posted at 15:08
• Segun
Are we working on how to mitigate the impact of the PIB if passed as is?

Basil E. Omiyi
Yes indeed.
Posted at 15:09
• wmsimon
17. The Niger Delta Environment Survey (NDES) was initiated by Shell in the mid-1990s and reportedly cost several million dollars to carry out. It was subsequently established as an independent entity. It looked at a wide range of environmental issues and impacts, including human health and pollution, and is reported to comprise 53 volumes. It has never been released. Can Shell explain what it is doing to get this data released?

Olav Ljosne
Please see my previous answer on the same issue,
Olav
Posted at 15:10
• Charles
Hi Nick, You said in your answer to Beck's question that SPDC does restore operational sites to its original situation before operating in it. How true is this statement considering that facts and pictures of what has been resported in the news media.

Nick Wood
Charles, if you are talking about oil spills, we are committed to cleaning up and restoring the sites not matter what the cause. Most of the oil spilled is due to sabotage which creates an enormous environmental problem.
Posted at 15:11
• ibukun
Hi,

It is obvious that the crisis in the Niger Delta has affected Shell greatly as an organisation. How does Shell hope to ensure that the Nigerian Government meets the needs of the people in this region, so as to be free to continue business with support from the people in the Niger Delta?

Regards

Basil E. Omiyi
We ensure we are on the table where solutions are being discussed and play our legitimete business role in being part of the solution. We continue to advocate that a people centered and development led solution is what will be sustainable. This is the heart of our Business Principle and Corporate Values.
Posted at 15:14
• aggy
Does Shell think that government failure to protect rights does not absolve Shell from responsibility for their actions?

Richard Dion
WM Simon and Aggy,

You've asked the same question, thus a joint answer.
You of course are referring to the mandate of Professor John Ruggie, UN Special Representative on Business and Human Rights, where his framework discusses the state duty to protect human rights, businesses to respect human rights and providing access to remedies. We have been following the Ruggie mandate closely as well as working closely with the Danish Institute for Human Rights and the Institute for Human Rights and Business as well as governments where we operate to help us in clarifying our obligations on the ground.
We cannot replace the state and its role in protecting human rights. We can however play our role in respecting human rights and ensuring that we carry out business in a responsible way. Even when there are difficulties related to government fulfilment of protecting human rights, we are committed to running our business ethically and respo
Posted at 15:15
• mostmodern
Dear Bjorn, Your colleague Basil Omiyi admitted minutes ago that oil industry pollution was driving the conflict. Isn't gas flaring a violation of human right to clean air water, livelihood and dignity?

Bjorn Edlund
Thanks for the question - as you know, we aim to stop flaring as soon as we can. If you want to know more, please visit here. This is a high priority.
Posted at 15:15
• ifufu
Hi,

I have just read in one of your answers what looks like Shell talking point - amount spent on community dev. One of the major criticisms against oil companies in Nigeria is that despite the huge amount of money they ve spent, sometimes it does not show in the lives of the people or their communities in terms of infrastructure.
How will Shell ensure that all the millions of dollars they disburse actually get to the people that need it and that it reflects on the infratructure in the oil communities?

Olav Ljosne
Hello,
We are as concerned as you ensuring that the money is used as planned and agreed with the communities. General development of the Niger delta will anyway be a responsibility for the State and Federal government. What we do will come in addition and support some social, infrastructure and educational in community around our operations, beside thousands of scholarships to high school and university students.
Olav
Posted at 15:16
• tundebello
As far as I am concerned the need for re-orientation of people of the Niger Delta and the desecration of its environment are the major problems. What is Shell doing to galvanise investment in human capital and socio-transformation of the people of the Niger Delta and tackle the environmental challenge once and for all?

Alice Ajeh
Tunde,
Shell recognises that human capital development is key to the development of the Niger Delta. From the earliest days, Shell was involved in secondary and Tertiary level scholarships. SPDC has several Youth training schemes to develop technical and entrepreneural skills as well as training for the oil and gas industry called the Shell Intensive Training Programmes(SITP) for graduates and non-graduates. Shell also works with Universities to provide work experience for Engineering and geosciences students. We also support entrepreneurs through micro credit schemes.
Posted at 15:17
• Vero
If Nigeria depends on oil for about 80 percent of government revenue. How much Shell is controlling / or can influence easily Nigeria?

Nick Wood
Vero, Shell is one of a number international companies operating in Nigeria. We do not get involved in politics. We don't control the government. The government is a majority partner in the joint venture which is operated by the Shell Petroleum Development Company of Nigeria in the Niger Delta. SPDC makes its position known on matters affecting the industry, for example the Petroleum Industry Bill now being debated in the Senate and House of Representatives. The government decides.
Posted at 15:18
• Your question has now been submitted
Posted at 15:18
• Michael Persson
We know that you pay royalties and taxes to the central government. Do youthink a fair deal of this money is redirected to the regions where you operate?

Basil E. Omiyi
It is very difficult to agree on what is fair and we leave that to Nigerian people and their Government to decide. We do know that the needs on the ground in the Delta are currently not being met. This could mean the region does not get enough or that what they get is not properly applied for all sort of reasons..
Posted at 15:19
• Fiona
If you are blaming the Nigerian government for many of the problems in Nigeria, then why do you continue to supply them with 80% of their revenue. Do you not think this money could instead be distributed to local communities, so improvements can be made from a grass root level up?

Richard Dion
Fiona,

Issues around revenue transparency and distribution have been centred around Nigeria for a number of years. The government did recognise a number of years ago that there was a problem regarding transparency and took leadership in supporting the EITI from the beginning. We also took leadership and became the first company to publish in Nigeria.

The government has allocated more money towards the producing states over the last several years, which has addressed some of the local population's concerns. We realise that there are still some debate regarding continual allocation and we look forward to working with government should they require our assistance in addressing outstanding concerns.
Posted at 15:25
• inroads
Hi, please could you tell me as a shell customer about how you address your responsibilities regarding the welfare of the people and the environment in Nigeria, thank you

Alice Ajeh
Hi,
We consider ourselves corporate citizens of the communities we operate in. Apart from statutory contribution to the government developmental agency(NDDC),we currently work with the communities,using development partners to advise them. In 2008, Shell spent $25.2m for communitydevelopment programmes including health, agricultural development,economic empowerment9micro credit) and human resources development, etc.
Posted at 15:28

Bjorn Edlund
Hi - thanks for taking part in this dialogue session. I would be surprised if we did manage to respond to all of your questions to the satisfaction of each and everyone of you. But I expect you will also understand that we will be firm if we disagree with the tone and content of a question. We look forward to the next engagement.
Posted at 15:29

Wednesday 1 July 2009

Andy Uba is in Court Again: Is he that despearate?

The prolonged governorship tussle in Anambra State is far from being over as the Peoples Democratic Party (PDP) candidate in the April 14, 2007 election, Dr. Andy Uba, has filed a fresh lawsuit at the Court of Appeal in Enugu seeking an order directing that he was duly “elected” governor by virtue of the gubernatorial election of April 2007.


He is also requesting that the court direct that he take over from Mr. Peter Obi on March 17, 2010, when the tenure of incumbent governor is due to lapse.

The Supreme Court had penultimate week declared as null and void Uba's election as governor at the April 2007 poll. The apex court also berated Uba's lawyers for bringing an already decided case to the court.

But undaunted, Uba, through his lawyers led by Ajibola Aribisala (SAN), is seeking a motion barring the Independent National Electoral Commission (INEC) from conducting a fresh election into the office of governor pending the determination of the new suit. No date has been fixed for the hearing.

However, a source told THISDAY last night that the appellant is seeking a declaratory order of the court on an earlier judgment by the Court of Appeal, Enugu.

"We are seeking a declaratory order on an earlier judgment by the Court of Appeal, Enugu, the apex court on gubernatorial election disputes that Dr. Andy Uba remains the duly elected governor of Anambra in the April 14, 2007 election," the source said.

He said the appellant wants an order of the court to pronounce him as the elected governor of Anambra State having won and been declared winner by INEC in the April 14, 2007 election.

The Supreme Court had penultimate week terminated the struggle by Uba to reclaim what he called his mandate on account of the 2007 governorship election as the court said the matter was closed.

The court also came down heavily on his lawyer, J.B. Dawodu (SAN), for bringing the application even when Uba's previous lawyer knew that the action was wrong.

Chief Justice of Nigeria, Justice Idris Legho Kutigi, who presided on the application for a judicial review, said that the court carefully considered the arguments of parties through their lawyers and came to the conclusion that it was a gross abuse of judicial process.

He said that the court could not re-open the case that had come to the court three times and had been decided on merit, adding that it is a trite law that there must be an end to litigation.

The Supreme Court had on June 14, 2007 in what could be termed a locus classicus in law restored Obi as Governor of Anambra State and ordered Uba to vacate the Government House as according to it, the tenure of Obi would lapse on March 17, 2010.

The apex court in the unanimous decision of seven justices of the court held that INEC erred when despite the pendency of the matter went ahead to conduct elections into the office of the governor of Anambra State when the said seat was not vacant.

The court in the lead judgment delivered by Justice Iyorger Kastina-Alu held that “there being no dispute that Governor Obi took his oath of office on March 17, 2006, his tenure of office shall expire on March 17, 2010.”

INEC admitted that it was aware of the pendency of the suit and still went ahead to conduct an election into an office that is not vacant.

“The office of the Governor of Anambra State was not vacant as at the time of the elections, Andy Uba should immediately vacate the office for Peter Obi to complete his term of office,” he added.

Citing the provision of Section 180 (2) of the 1999 Constitution Kastina-Alu held that a governor’s term of office begins to run from the day he took the oath of office.

Section 180 (1) of the 1999 Constitution reads, “Subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until - (2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when-in the case of a person first elected as Governor under this constitution, he took the oath of allegiance and oath of office.”

The court mainatained that since Obi took the oath of office on 17th March 2006 he could not be said to have completed his four years in office as governor.

Andy Uba is in Court Again: Is he that despearate?

The prolonged governorship tussle in Anambra State is far from being over as the Peoples Democratic Party (PDP) candidate in the April 14, 2007 election, Dr. Andy Uba, has filed a fresh lawsuit at the Court of Appeal in Enugu seeking an order directing that he was duly “elected” governor by virtue of the gubernatorial election of April 2007.


He is also requesting that the court direct that he take over from Mr. Peter Obi on March 17, 2010, when the tenure of incumbent governor is due to lapse.

The Supreme Court had penultimate week declared as null and void Uba's election as governor at the April 2007 poll. The apex court also berated Uba's lawyers for bringing an already decided case to the court.

But undaunted, Uba, through his lawyers led by Ajibola Aribisala (SAN), is seeking a motion barring the Independent National Electoral Commission (INEC) from conducting a fresh election into the office of governor pending the determination of the new suit. No date has been fixed for the hearing.

However, a source told THISDAY last night that the appellant is seeking a declaratory order of the court on an earlier judgment by the Court of Appeal, Enugu.

"We are seeking a declaratory order on an earlier judgment by the Court of Appeal, Enugu, the apex court on gubernatorial election disputes that Dr. Andy Uba remains the duly elected governor of Anambra in the April 14, 2007 election," the source said.

He said the appellant wants an order of the court to pronounce him as the elected governor of Anambra State having won and been declared winner by INEC in the April 14, 2007 election.

The Supreme Court had penultimate week terminated the struggle by Uba to reclaim what he called his mandate on account of the 2007 governorship election as the court said the matter was closed.

The court also came down heavily on his lawyer, J.B. Dawodu (SAN), for bringing the application even when Uba's previous lawyer knew that the action was wrong.

Chief Justice of Nigeria, Justice Idris Legho Kutigi, who presided on the application for a judicial review, said that the court carefully considered the arguments of parties through their lawyers and came to the conclusion that it was a gross abuse of judicial process.

He said that the court could not re-open the case that had come to the court three times and had been decided on merit, adding that it is a trite law that there must be an end to litigation.

The Supreme Court had on June 14, 2007 in what could be termed a locus classicus in law restored Obi as Governor of Anambra State and ordered Uba to vacate the Government House as according to it, the tenure of Obi would lapse on March 17, 2010.

The apex court in the unanimous decision of seven justices of the court held that INEC erred when despite the pendency of the matter went ahead to conduct elections into the office of the governor of Anambra State when the said seat was not vacant.

The court in the lead judgment delivered by Justice Iyorger Kastina-Alu held that “there being no dispute that Governor Obi took his oath of office on March 17, 2006, his tenure of office shall expire on March 17, 2010.”

INEC admitted that it was aware of the pendency of the suit and still went ahead to conduct an election into an office that is not vacant.

“The office of the Governor of Anambra State was not vacant as at the time of the elections, Andy Uba should immediately vacate the office for Peter Obi to complete his term of office,” he added.

Citing the provision of Section 180 (2) of the 1999 Constitution Kastina-Alu held that a governor’s term of office begins to run from the day he took the oath of office.

Section 180 (1) of the 1999 Constitution reads, “Subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until - (2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when-in the case of a person first elected as Governor under this constitution, he took the oath of allegiance and oath of office.”

The court mainatained that since Obi took the oath of office on 17th March 2006 he could not be said to have completed his four years in office as governor.