Ogoni Indigene Drags Govt, Elumelu To Court Over Oil Block Allocation

The Conference of Ogoni Traditional Rulers and Chiefs have asked the Federal High Court in Abuja to stop the resumption of oil exploration on the OML 11 oilfields spread across Elema, Gokana, Khana and Tai Local Government areas of Ogoniland.

The Registered Trustees Ogoni Liberation Initiative and Mr Tim kuntimo (for himself and on behalf of Federation of Ogoni Youth) are the other plaintiffs.

The Nigeria National Petroleum Cooperation (NNPC), Nigerian Petroleum Development Company Ltd (NPDC) and Attorney-General of the Federation are the first to third defendants.

The other defendants are Robomichael Ltd, Robomichael Oil Marketing Ltd, Bellema Refinery & Petrochemical Ltd, Bellema Oil Producing Ltd and Transnational Corporation of Nigeria Plc (Transcorp).

Through their lawyer Mr Dada Adekunle Awosika of D.A Awosika & Partners, the plaintiffs are praying for a declaration that the Federal Government cannot issue the mining licence over the OML 11 oilfields until and unless the United Nations Environment Program (UNEP) proposed/recommended cleanup and remediation exercise is undertaken and fully implemented.

According to the plaintiffs, the first to third defendants must at least record some tangible milestones from the cleanup following years of environmental degradation of Ogoniland, its ecosystem and ecology.

They are praying the court to hold that the planned resumption of oil exploration and production in OML 11 oilfield is “irregular and irresponsible when the entire plaintiffs’ land is completely desecrated and unsuitable for human habitation”.

They asked the court for a declaration that any mining licence granted the fourth to eight defendants is unlawful without first undertaking the UNEP proposed cleanup and remediation exercise.

The plaintiffs sought a declaration that having not obtained a social licence to operate the oilfields from them, any operatorship license granted the fourth to eight defendants is illegal, irregular, null and void.

Besides, the plaintiffs urged the court to hold that the fourth to eight defendants “do not have the wherewithal, expertise and performance records to provide any kind of technical services in the operatorship and development of OML 11 oilfields.”

They further prayed for an order setting aside any oil mining licence or authorisation granted the fourth to eight defendants, as well as an order restraining the first to third defendants from issuing any oil mining licence to the fourth to eight defendants pending the completion of total cleanup and remediation exercise in Ogoniland in line with UNEP recommendations.

The plaintiffs prayed for an order of perpetual injunction restraining the fourth to eight defendants or their agents from going into Ogoniland for the purpose of mining the OML 11 oilfields unless the UNEP recommendations are fully carried out.

The plaintiffs, in their statement of claim, said oil exploration by SPDC from 1955 to 1993 resulted in “systemic environmental contamination of the plaintiffs’ land and oil spillages” due to “irregular and illegal practices by SPDC in its exploration and production activities around Ogoniland”.

They said the “unwholesome oil practices” led to the contamination of their entire land, creeks and rivers, as well as environmental devastation.

The plaintiffs said the technical installations made around OML 11 oilfields that pass through Ogoniland “continue to spew and spill crude oil on daily basis onto the Ogoni people’s land”, adding that the facilities abandoned since 1993 have never been decommissioned.

They said it successive administrations reached an understanding to ensure total cleanup of Ogoniland and that any further exploration and production in the oilfields shall be with their consent.

They added that since UNEP released its report and recommendations in 2011/2012, the first to third defendants and Shell Petroleum Development Company (SPDC) “are yet to undertake any cleanup and remediation”.

The plaintiffs said it came to their attention sometime in July that the Federal Government have approved or was in the process of approving the operatorship/mining licence for the fourth to eight defendants who have not obtained a social licence.

They urged the court to grant their reliefs as the plaintiffs and other indigenes of Ogoniland continue on a daily basis to suffer environmental health problems due to lack of portable drinking water, among others.

The plaintiffs said their investigations revealed that the fourth to eight defendants had concluded plans to resume oil exploration activities on OML 11.

Justice A. I. Chikere granted the plaintiffs leave to serve the fourth to eight defendants through their offices in Benin, Port Harcourt and Ikoyi through courier service.

He adjourned until December 6 for report of service