Environmental Defenders Network [EDEN]
No. 8 Ebare Street, Benin City, Edo State, Nigeria.
Email: environmentaldefendersnetwrk@gmail.com
Field Report: Environmental Impact Assessment Related
Location: Umbetuma Environment in Ogbolomabiri, Nembe.
Date of EDEN’s Visit: 21st September, 2024 [Saturday].
Report By: Alagoa Morris
INTRODUCTION:
Article 24 of the African Charter on Human and Peoples’ Rights provides for all peoples a generally satisfactory environment favourable to their development. It is only proper to start this brief field report with this continental instrument which considers the rights of all to a generally satisfactory environment for their development. Another instrument which is very significant to this subject matter is Environmental Impact Assessment [EIA]; which is a tool in assessing the significant effects of any project or development proposal on the environment. The essentials of EIA are encapsulated in the law establishing it in Nigeria. EIA came into being via Degree No.86, enacted in 1992.
Oftentimes, it appears those who ought to adhere to laws are the ones who disregard the laws. The much talked about Lagos/Calabar Coastal road and related questions about EIA readily comes to mind. No doubt, development is a continuum and most desirable; but the ideas of fairness behin EIA shouldn’t be jettisoned at the detriment of members of society.
The ongoing Nembe/Brass road sponsored by the Bayelsa State government is a welcome development; especially to the Nembe speaking Ijaws and BayelsaState in general. This needs not be overemphasized. However, the construction of roads falls within the category of EIA law; in the general interest. This was why when Chief Joshua Robert Oruge, an indigene of Nembe reached out to the Environmental Defenders Network expressing how uncomfortable he was in connection with what he said was negative impacts from the road construction; EDEN responded promptly.
The Deputy Executive Director of EDEN, AlagoaMorris was led on a tour around the environment of interest by Chief Joshua, his two sons and a farm worker on Saturday, 21st September, 2024.
Environmental Testimonies:
Within the farm environment on Saturday, 21stSeptember, 2024; and in his own words, Chief Joshua informed EDEN thus ‘’ I am Chief Joshua RebertOruge, a known farmer; farming economic trees such as Cocoa [major], oil palms, cashew and some other economic trees before this road finally came traversing the environment. In the course constructing this road [Nembe/Brass Road] across my farm and dividing the farm into halves; SETRACO refused to create a channel to take water away to the nearby canal for proper drainage. And this has led to the damaging of my economic trees. You will see…; my cocoa trees are dying. Last year I took my complaint to the construction company twice, for them to come and open this place; they refused. Even this year I have gone to them about three times. I have written a letter to their headquarters; they never even replied up till now. I have gone to the Police at Zone 16 to lay the same complain. This is my other step again [by taking it to EDEN]….
Continuing, Chief Joshua said ‘ How can a reasonable company traverse somebody’s farm [diving it into two], the man never said anything; but look at. So, the water, if rain falls now, the entire farm would become stagnant [flooded]. And it would affect all my economic trees. Some are dying. Come with me and see. I had taken photo shots of them before; I will transfer them to you. Now, look at these young palm trees, they are dying; all of them are dying. I will take you to the unaffected side of the farm and you will compare those affected and those not affected. Whenever it rains continuously, the farm would be flooded and this is causing the death of the economic trees. So, look at it [pointing at water flowing in the environment]; how SETRACO is deliberately doing something to a man that is struggling on his own. So I need government, I want government to come and see it. And if this is good, let government talk. I am tired. If I do anything wrong, if I do something; they would say we are taking law into our hands. That is why I invited you to come and see.
Two sons of Chief Joshua and one of his farm workers corroborated the above testimony by Joshua, confirming that the Nembe/Brass Road has dissected the farm into two halves. For the records, the two sons are Ayebataritebotaritebo Joshua, Alanabote Joshuawhile his worker is Henry Izube.
OBSERVATION/CONCLUSION:
Two letters addressed separately to the Managing Director of Setraco Nigeria Limited [Plot 526 ShehuYar’Adua Way, Kado Disdrict, Federal Capital Territory, Abuja] dated 22nd August, 2024 and, Assistant Inspector General of Police,Zone 16 [Zonal Headquarters, Sanni Abacha Expressway,Ekeki, Yenagoa, Bayelsa State] dated 29th August, 2024; were made available to EDEN. These letters were written on behalf of Joshua Robert Oruge, by his legal representatives ‘’Sariki,Yagba and Associates’’ of Oyein-Dou Chambers, based in Yenagoa.
Chief Joshua told EDEN that before this ongoing Nembe/Brass Road featured in the Umbetuma environment where he has his large farm, he used to access the farm through the river and creeks, by canoe or speedboats. He also revealed that, even though he started the farm earlier, planting of Cocoa started in 2015/2016 and harvest started in 2018.
Due to the presence of water in the affected area of the large expanse of the cash crop farm, the tour of the farm wasn’t extended to the affected area. However, from the ongoing Nembe/Brass Road edge, some photos of the allegedly affected cocoa trees were taken from a distance. EDEN didn’t walk within the allegedly impacted section of the farm; only sighted the visibly fading, yellowish leaves of the cocoa trees in that area.
It was, however, interesting to see heavily fruit laden cocoa trees in the section of the farm EDEN was led through; most of them bearing from the ground level. Many of the fruits were ripe and due for harvest. Chief Joshua informed EDEN that harvesting would commence after the weekend. EDEN also observed remains of cocoa pods; from previous harvest; indicating frequent harvesting.
SUGGESTIONS/DEMANDS:
Even in view of the very obvious significance of the road project and public interest aura associated therewith; the individual right to a generally satisfactory environment favourable to his development should be considered. Societies are also judged by how the majority interest is weighed against individual and minority interests. It is from the above premise that EDEN considers the EIA law in its intendment of protecting the interests of people like Chief Joshua and hence the State government and SETRACO should look into the complaint Chief Joshua has brought to EDEN. Seeing the largeness of Joshua’s cash crop farm; EDEN is convinced that if proper EIA was conducted prior to commencement of the road construction; measures to mitigate such environmental challenges within the farm environmentwould have been captured and practically expressed.The following suggestions should be considered as way forward:
[1] SETRACO should respond to the letters written by Chief Joshua with a view to investigating the matter and solve related genuine environmental issues.
[2] Critical Stakeholders, especially Nembe Se Congress; should step in and arrest the situation in the interest of peace before it degenerates into unpleasant consequences.
[3] Chief Joshua, on his part, should continue with peaceful and legitimate means of pursuing environmental justice; as peace is priceless.
