Why NOSDRA should not be Scrapped
The Stephen Orosanye-led Presidential Panel on Rationalisation of Federal Parastatals, Commissions and Departments; and its final recommendations on abolition and merging of certain parastatals are still generating heat-waves in the public domain. GLADYS JOHNSON reports.
Several weeks back, the Stephen Orosanye Presidential Panel on Rationalisation of Federal Parastatals, Commissions, Agencies and Departments submitted its final report to the President of which the major recommendations include abolition and merger of certain government parastatals and departments to save cost and reduce duplication of statutory duties.
The National Oil Spill Detection and Response Agency (NOSDRA) under the Ministry of Environment was one of such departments recommended for outright abolition and its statutory duties transferred to Department of Petroleum Resources (DPR) under Ministry of Petroleum Resources.
However, this does not seem to go down well with the affected agency as the implementation of the Orosanye's recommendation would inevitably means a lot of people losing their jobs and means of livelihood. Thus, open defence of the agency is now an issue of public debate.
NOSDRA Kicks
Idris Musa, a director of NOSDRA, categorically announced that the agency has contributed much to ensuring environmental safety in the oil spill management in West, Central and Southern Africa.
"The early approvals secured from NCAA, Nigerian Immigration and the Nigerian Customs Services made it possible to bring into Nigeria oil spill response materials and equipment from the United Kingdom and Ghana through the Oil Spill Response Limited and the Global Initiative for West and Central Africa (GI WACAF) operations.
"Besides, it was NOSDRA that facilitated the prompt response of Shell Nigeria Exploration and Production Company's immediate response to the Bonga oil spill of December 20, 2011. "The Department of Petroleum Resources (DPR) indeed played no role in getting that spill responded to throughout the period of the incident.
"Indeed, Oronsanye promised to call both NOSDRA and DPR together, but he never did. Of course, one cannot rule out the Nigerian factor from the way that committee carried out its assignment', Musa said.
Furthermore, he stated that Oronsanye's committee was highly biased against NOSDRA because, 'the report on NOSDRA was influenced by a retired Ministry of Petroleum member of that committee, who never hid his disdain for NOSDRA during the consultation.
International Expert Opinion Reginald Olisa Oranye, an international environmental and climate change consultant agrees with the position of NOSDRA. He said that environmental pollution which includes oil spill, adversely impacts air, soil, ground and surface water quality, endangers natural habitat of flora and fauna and disturbs ecological support systems.
Oranye noted that all these affects public health, socio-economic well being, source of livelihoods of millions of Nigerians, and consequently promotes restiveness and tension in communities where they occur.
He pointed out that the increasing cases of cancer and other ailments, directly attributable to pollution, having been reported in many oil-producing areas. He made these expository comments against the background of the recommendation of the Orosanye-led Panel that 38 agencies be out rightly abolished and 52 others merged because of duplication of statutory duties, overlapping and redundancy.
He applauded the President for creating this important committee, a move, which he noted, is in direct response to the call in 2011 by the then presidential advisory council, for him to cut the cost of running the machinery of government.
According to Oranye, Oronsanye and his team should also be commended for the dispatch and commitment with which this critical national assignment was tackled. 'No doubt, the pruning of many government agencies is desirable both for the huge cost-saving effect and also for its potential to enhance delivery and efficiency in the implementation of government's policies and programmes". However, there is need to determine and know the merits and demerits of each agency and department recommended for abolition or merger, so as not to throw away the proverbial baby along with the bath water. The National Oil Spills Detection and Response Agency (NOSDRA), an agency in the Federal Ministry of Environment is one of those recommended to be scrapped, and its functions to be taken over by the Department of Petroleum Resources (DPR). The committee is reported to have observed that NOSDRA is duplicating the functions already assigned by law to the DPR and that its continued existence is "tantamount to paying huge salaries to persons who do nothing but wait for spills to occur".
But Oranye said "This characterization, depiction and perception and redundancy of the nation's spills response agency is unfair, unfortunate as it is worrisome".
He said that it suggests a lack of proper understanding of the seriousness and commitment government ought to demonstrate in tackling oil spills and other environmental pollution issues, adding that it highlights the sustained failure of government's policy on effective environmental protection and sustainable development on the one hand, and international relations on the other.
The recent report brings to the fore a lack of synergy between the International Oil Companies (IOCs) operating in Nigeria and the regulatory agencies saddled with the responsibility of controlling and managing oil spills.There is clear evidence that while the IOCs blame the regulatory agencies for their failure to respond adequately to oil spills, majority of which are caused by acts of vandalism, the regulators are rather passing the buck instead of doing the job for which they were employed to do.
People are of the opinion that there is need for many regulators, but submitted that the issue of many regulators should not be an excuse since NOSDRA is the only agency saddled with oil spill detection and management.
Another expert, who spoke on condition of anonymity, said that NOSDRA is facing this challenge due to lack of alignment between NOSDRA and DPR. "When there is a joint investigation, one of them would not be available, and, therefore, would not sign the joint investigation report.
They do not have good understanding in any way. DPR rejects the report from NOSDRA and they condemn any report sent to them. With all these misunderstandings the job always suffer", he said.
Suggestion and conclusion
Effective response involves partnerships with internal and external stakeholders, which include multi-government agencies, multi-national companies, industries, private interests as well as community and civil society groups, so there will be a role for DPR, though much limited, and not as lead agency.
NOSDRA's mandate should be broadened and strengthened, and any conflicting function(s) currently assigned by law to DPR should be reviewed and repealed and such function ceded to NOSDRA.
The National Assembly has the responsibility to fast-track action on the process of amending the regulations currently before it, which will empower NOSDRA with prosecutorial powers against oil spilling companies. Government should increase funding to NOSDRA, facilitate international and local partnerships, provide advanced pollution and spills control technologies, retain knowledgeable and experienced consultants, ensure recruitment of qualified and competent hands. Environmental protection and climate change have emerged as major challenges in international relations in the 21st century. While some states in Nigeria including Lagos and Cross Rivers are noted to be taking bold initiatives in this regard, the same cannot be said for the federal government. The proposed scrapping of NOSDRA will be a disaster for Nigeria's environmental protection agenda with immense domino effect. It will further dim the already bleak prospect of progress towards achieving anything when the crisis occurs.