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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

Court Declares DESTMA Activities Unconstitutional

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The Delta State High Court sitting in Warri has declared the power of the Delta State Traffic Management Authority (DESTMA) to arrest traffic offenders and impose fines as illegal and unconstitutional.
In a judgment delivered on Wednesday in Suit No. W/348/2016: Chuks Christian Ofili v. Attorney-General of Delta State & Anor, Hon. Justice Ejiro Emudainowho struck down Section 18(1) of the Delta State Traffic Management Authority Law, 2013, holding that it conflicts with the 1999 Constitution (as amended).
The court held that DESTMA and its officials lacked the legal authority to impose fines, penalties or sanctions, or to confiscate vehicle number plates without first charging and securing a conviction before a competent court.
Justice Emudainowho ruled that the seizure of the claimant’s number plate and the imposition of a N30,000 fine without trial amounted to a “flagrant violation” of the claimant’s right to fair hearing and freedom of movement under Sections 36(1) and 41(1) of the constitution.
Among other reliefs, the court set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant, ordered the refund of N30,000 paid for the release of the number plate, awarded N500,000 as legal costs and N300,000 as damages, with 10 percent interest per annum.
Reacting to the judgment, the claimant’s counsel, Olukunle Ogheneovo Edun, said the ruling affirms constitutional supremacy.
“The court was clear that only a competent court of law can impose penalties. Administrative agencies cannot assume judicial powers”, he said.
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Niger Delta

COAS Praises Bayelsa On Military Welfare … As Diri Hands Over Residential Quarters To Army Chief

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The Nigerian Army has commended the Bayelsa State Government for promoting the welfare of its officers and men as part of efforts to enhance peace and security in the state.
The Chief of Army Staff, Lt. Gen. Waidi Shaibu, gave the commendation on Thursday when he led other senior military officers on a courtesy/condolence visit to the State Governor, Douye Diri, in Government House, Yenagoa.
Gen. Shaibu praised the Bayelsa government for constructing and handing over residential accommodation to the Nigerian Army 16 Brigade at Elebele.
The army chief noted that the initiative would greatly ease the brigade’s accommodation challenges.
Shaibu, who explained that he was on a maiden operational visit to the state to assess the combat readiness of men and officers of the Command, also commiserated with the governor and the Ewhrudjakpo family on the passing of the Deputy Governor, Senator Lawrence Ewhrudjakpo.
“My reason for coming here are two-fold. We are here for my maiden operational visit to the 6th Division area of  responsibility, which also covers Bayelsa State.
“I’m also here with a heart of gratitude and appreciation for what you have done for the 16 Brigade, which is the construction and completion of apartments  made up of nine units of three bedroom flats for non-commissioned officers and two blocks of nine units of two bedroom apartments for non-commissioned officers.
“This gesture will go a long way in mitigating the accommodation challenges that the Brigade is facing. It will be a great relief for the Nigerian Army”, he said.
Responding, Diri thanked Gen. Shaibu for acknowledging the modest contribution of the state government towards improving the safety of lives and property of the citizenry.
He lauded the various security agencies for exhibiting a high sense of professionalism in the discharge of their duties.
 “I like to use this opportunity to commend the Nigerian Army and other armed forces for what you are doing to ensure that Nigeria is safe and secure. For us in government, we all appreciate and understand that you are making sacrifices for our public safety.
“I implore you to continue to do what you are doing very well at all times. We are always here to support you in whichever form that we can, so that you will also have a conducive environment to enable you discharge your duties creditably.
“l’m equally happy that we were able to start and complete those buildings. We know that, like you rightly said, it will ease the accommodation demands of the officers in the 16 Brigade”, he said.
By; Ariwera  Ibibo-Howells, Yenagoa
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Niger Delta

Eno Inaugurates Committees On TSA, International Airport Status 

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Akwa Ibom State Governor, Umo Eno, has inaugurated two inter-ministerial committees to supervise the implementation of the International Airport Status for the Victor Attah International Airport, and for the Treasury Single Account for Internally Generated Revenues.
While inaugurating the committees at the Government House, Uyo, Eno expressed confidence in the competence of the members of the committee to achieve the mandate.
“The committees’ establishment marks another strategic step in the administration’s drive to strengthen governance systems.
“It will also ensure the fast-tracking and the completion of major development projects in the state”, the Governor said.
He further said the members of the Inter-Ministerial Committee on International Airport Status Implementation include Secretary to the State Government, Mr. Enobong Uwah, who would serve as the Chairman.
Others are the Commissioner for Finance/Special Duties, Mr. Emem Bob; the Managing Director, Ibom Air, Mr. George Uriesi; and Mr. Ephraim Udosen, Permanent Secretary for Special Duties, among others.
“The Inter-Ministerial Committee on the Implementation of TSA-IGR has Commissioner for Finance, Mr. Emem Bob, as Chairman.
“Others are the Attorney-General and Commissioner for Justice, Mr. Uko Udom, SAN; Commissioner for Science and Digital Economy, Dr. Frank Ekpenyong; Commissioner for Local Government and Chieftaincy Affairs,  Mr. Frank Archibong; Commissioner for Lands, Dr. Ubong Inyang, among others.”
The Governor noted that the members’ expertise would contribute significantly to the state’s infrastructural growth and financial stability.
He urged them to intensify efforts and ensure that all preparatory works remained on schedule.
“I charge the committee on the state’s airport with the responsibility of ensuring accelerated progress and meeting all required benchmarks ahead of the facility’s operational kick-off in April, 2026.
“I expect this committee to work tirelessly to ensure the realisation and commencement of full operations at the international airport by the first week of April 2026″, he said.
Eno emphasised the need for transparency, fiscal discipline and effective coordination across government agencies, saying that no agency of government was permitted to operate a single independent account.
He reaffirmed the termination of contracts for consultants on revenue generation, adding that all revenue must be generated and expended through a unified treasury account.
The Governor urged all MDAs to work with the Inter-Ministerial Committee, headed by the Commissioner for Finance to ensure that the expected results were achieved and on time.
He maintained that tenement rates would be paid into the treasury single account and urged full compliance from homeowners across the state.
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