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OML 11: RSG Wins Suit Against Shell …Warns IOCs Over Provision Of Poor Quality Water To Host Communities

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The Rivers State High Court sitting in Port Harcourt and presided over by Hon. Justice Charles Nwogu, yesterday, delivered judgement in favour of the state government in suit No.PHC/652/CS/2020 filed by the Attorney General of Rivers State against Shell Petroleum Development Company (SPDC) of Nigeria Limited.
The Rivers State Government had claimed that SPDC Defendant’s/Judgment Debtor Interest in its fixed landed assets comprised in Kidney Island Base, Port Harcourt and interests in lands comprised in Oil Mining Lease No. 11 (OML 11) sold to the Claimant pursuant to the execution of the combined court judgments in Suit No. FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No.SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The Claimants further claimed that “the continued defiant appropriation (despite the completed sale) of possessory and usufructuary, including pecuniary accruals in respect of its fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title, and pecuniary interests therein.
“That SPDC is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11, including arrears of commercial rents for their use of the said property from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof”.
The court, in a considered judgment, upheld the claims of the Rivers State Government in the following terms: “SPDC Judgment Debtor’s interests in its fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 sold to the Claimant pursuant to the execution of the combined court judgments in Suit No. FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No. SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“That the Defendant’s continued defiant appropriation(despite the completed sale) of possessory and usufructuary rights, including pecuniary accruals in respect of its fixed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title and pecuniary interests therein.
“Also that the Defendant is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11, including arrears of commercial rents for their use of the Kidney Island Base and Jetty from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.
“That the Claimant ought to be accorded with all interests, rights, privileges and benefits derivable from its acquisition of the Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.
“That the Claimant is entitled to the Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and the license in lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.
“An Order compelling the Defendant, their agents, assigns, representatives, privies or whosoever called to accord the Claimant with all rights, privileges and benefits accruable from its purchase of Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State”.
The court directed the Defendant to account for and handover to the Claimant all monetary accruals it had made from its continued appropriation of the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11 from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.
The court also perpetually restrained the Defendant, their agents, assigns, representatives, privies or howsoever called from embarking on acts or omissions adverse to the title, right and interest of the Claimant over the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in lands comprised in OML 11.
The court further condemned SPDC’s continued violation of the legal process by her continued occupation of the said Kidney Island Base, Port Harcourt and other properties already acquired by the Rivers State Government.
Meanwhile, Rivers State Government has warned oil multinational companies and international donors to stop drilling mono pumps in the course of donating water to their host communities.
The Commissioner for Water Resources and Rural Development, Dr. Tamunosisi Gogo-Jaja, who said this during an inspection of water facilities in Abonnema, headquarters of Akuku-Toru Local Government Area, restated the commitment of the state government to package a model water treatment plant for the state.
According to him, the treatment plant was a deliberate effort by the government to check all incidences of water-borne diseases in the state.
Gogo-Jaja said oil companies must always approach the Ministry of Water Resources and Rural Development for guidance in the course of providing water to their host communities.
The commissioner also expressed dissatisfaction with the poor handling of the network connection of the project by the contractors, regretting that such actions by the contractor would cost the state government extra funds in correcting the anomalies to enable residents have potable drinking water.
Gogo-Jaja also admonished the people of Abonnema to exercise patience, particularly those who have not been connected yet to the water facility.
He cautioned consumers association in the area against the exploitation of the people in the guise of connecting water to homes and residences, warning that they risked being dissolved and replaced with people that would render selfless services to the communities.
The commissioner thanked Governor Nyesom Wike for his efforts to ensure that Abonnema people have access to potable drinking water.

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Niger Delta

Warri Delineation: Ekpemupolo Seeks Peaceful Impasse Resolution

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Dr. Government Ekpemupolo, also known as Tompolo, has called for calm and a peaceful resolution of the ongoing impasse in the Warri Federal Constituency.
Ekpemupolo, a High Chief in Ijaw land, who made the call in a statement in Warri,  noted that the ongoing impasse arose from the failure of the Independent National Electoral Commission (INEC) to complete the delineation of wards in the constituency.
He appealed that the situation must not be allowed to be hijacked or degenerate into violence of any sort.
“I join all well-meaning Nigerians to call for a peaceful resolution. The Ijaw nation has from time immemorial been known for their peaceful ways and we cannot deviate from our history.
“The current political situation arising from the failure of INEC to complete the delineation of wards in the Warri Federal Constituency and mass action must not be allowed to be hijacked or degenerate into violence of any sort.
“Therefore, I am calling for calm, no matter the situation. We must all join hands in seeking a peaceful resolution to this impasse”, he said.
Ekpemupolo, who is also the Chairman, Tantita Security Services Nigeria Limited (TSSNL), while urging INEC to do the right thing and restore the peace in Warri and environ, called for an urgent meeting of community leaders to device a way forward.
“We call on the people of Warri (whether Ijaw, Itsekiri or Urhobo) to be calm and wait patiently for INEC to do the right thing”, he said.
He recalled that since on Monday, there had been mass action by peaceful women and youths from the various Ijaw communities in Delta, occupying oil and gas installations in the Escravos and Warri river areas.
He added that the peaceful action had led to calls from various quarters, particularly from well-meaning Nigerians, seeking for a peaceful resolution of the imbroglio.
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Niger Delta

Progress In 21-Km Nembe-Brass Road Project Impresses Diri … As Contractor Pledges December Delivery Date

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Bayelsa State Governor, Senator Douye Diri, has expressed fulfillment with the ongoing construction of the 21km phase one of the Nembe-Brass road projects in the state’s eastern senatorial district.
The Governor described the project as a dream come true for him and the people of Nembe and Brass Local Government Areas.
Senator Diri, who inspected the expansive construction work on Tuesday, said the road, which cuts through the mangrove forest and rivers, was a testament to his administration’s determination to connect hitherto unreachable riverine communities by road despite the difficult terrain.
Led by the Commissioner for Works and Infrastructure, ESV Moses Teibowei, Diri first inspected the asphalted 10km portion of the road with about three bridges, before crossing the river on a barge to see the extent of work on another 10km that had been stabilised.
Diri in astatement by his spokesperson, Mr. Daniel Alabrah, was quoted as noting that it was one thing to have a vision and another to have the will to execute it.
Alabrah also quoted the Governor as saying that the project had been well funded since it commenced and assured that his administration will complete it on the date stated by the contractors.
On the second phase of the project undertaken by the federal government, the State Chief Execution appreciated President Bola Tinubu for awarding the contract and for ensuring that it is running simultaneously with the phase one being done by the state government.
“I feel accomplished. It is one thing to have the vision and another thing to have the will to do it. Being a Bayelsan, the importance of this road cannot be over-emphasised. This is what the people have been yearning for and I’m satisfied that the people are happy about the project.
“On funding, we have never disappointed the contractor and I believe they will not disappoint us. By the time the road is completed, it will reduce cases of sea piracy.
“Let me sieze this opportunity to thank President Bola Tinubu. There was another President when we proposed this road. We wrote, nobody answered us then. But this President did not only answer us, he awarded the contract for the second phase”, Diri said.
Also speaking, the Commissioner for Works and Infrastructure, Mr. Teibowei, expressed satisfaction with the level of work so far done, stressing that the most difficult aspect of the job had been done.
He said the fifth bridge being constructed will be completed in three months while assuring that the road will be finished within the stipulated time.
The Setraco Construction Company South-South Area Manager (Bayelsa and Rivers), Mr. Jose Cosme, said phase one of the road will be completed in December 2026.
Ariwera Ibibo-Howells, Yenagoa
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Niger Delta

NDDC Clears Compensation Hurdle, Accelerates 3.7Km Okrika-Borikiri Bridge Project

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The Niger Delta Development Commission (NDDC) has said construction work on the 3.75-kilometre Okrika-Borikiri Road and bridge project in Rivers State will gather momentum following the payment of compensation to affected property owners at the Borikiri axis of the project.
Speaking during an inspection of the project site in Okrika, the NDDC Assistant Director, Utilities, Infrastructure Development and Waterways (UIDW), Martins Isichei, disclosed that compensation issues that had stalled progress on the Borikiri alignment had been resolved.
According to him, the Commission has settled compensation claims for property owners affected by the project corridor and is awaiting the evacuation of residents before commencing demolition of structures within the right of way.
“The NDDC has paid compensation to property owners along the Borikiri alignment, and we are expecting the evacuation of residents there before we commence demolition of structures in the right of way”, he said.
Isichei noted that work on the Okrika section of the project had recorded significant progress despite challenges encountered on the waterways.
He explained that shortly after work resumed, a vessel collided with an existing pile, forcing engineers to redesign part of the bridge structure.
“When we resumed work on the site, a vessel collided with an existing pile. We had to re-profile the bridge and develop a new design to circumvent the damaged pile”, he said.
The NDDC official expressed optimism that the project would ease traffic congestion along the refinery road corridor and significantly reduce travel time between Okrika and Port Harcourt upon completion.
He explained that the project comprises three major bridge structures: the 180-metre Kolabi Bridge at Etche Waterfront, the 1,120-metre Abotoru Bridge, and the 490-metre Okpoka Bridge.
While acknowledging that progress on the Borikiri alignment had lagged because of compensation-related issues, Isichei said construction activities would commence there shortly.
Also speaking, the Project Consultant, Azu Chukwuma, said the scope of the project was reviewed following its revival to align with present realities and engineering requirements.
He noted that efforts were underway to accelerate construction, particularly the launching of bridge beams, despite the high cost of marine logistics associated with the project.
“Our intention is to determine how quickly we can proceed with launching the first sets of beams. The work is mainly on the river, and much of the marine logistics involved is costly. I am in touch with the appropriate officials of the NDDC to determine the best way forward”, Chukwuma stated.
He commended host communities for their cooperation, noting that the absence of major disputes had contributed to the project’s steady progress.
A representative of the construction company, Maroun Kassouf, said fabrication of bridge beams had advanced considerably and that installation would begin soon.
“The project is progressing well. Once people evacuate at the Borikiri end, we will demolish the structures there and move to that site immediately. That end would be much easier, as the river is shallower than the Okrika end”, he said.
The Vice Chairman of the Okrika Community Development Committee, Minengibi Ferdinand, lauded the NDDC for undertaking the project, describing it as a critical infrastructure that would improve connectivity and stimulate economic growth.
He said the road and bridge network would provide an alternative route to Okrika, ease pressure on the East-West Road and open up communities for greater socio-economic development.
“This is a laudable project that will ease traffic on the East-West Road and provide an alternate route to Okrika. We are hopeful that once it is completed, it will attract socio-economic development to our community”, Ferdinand said.
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