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OML 11: Group Hails Court Ruling Against SPDC

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A group under the aegis of Conscience of Ogoni People (COOP), has commended the resourcefulness and forthrightness of the Nigerian Judiciary.
In a statement while reacting to the judgement of the Court of Appeal that set aside the earlier judgement of the Federal High Court given in favour of the Shell Petroleum Development Company (SPDC) in 2019, the group said that by reversing the lower court, despite the subterranean move by SPDC to re-enter Ogoni land, the court has demonstrated they were, indeed, the last hope of the common man.
The statement signed by the leader, Chief Gani Topba, also commended the Federal Government for listening to the plea of the people and taking the decision not to renew OML 11 for the SPDC.
The statement reads; “It is with joy and jubilation that we received the news of the judgment of the Court of Appeal, Abuja Division in Appeal No: CA/A/824/2019 – THE MINISTER OF PETROLEUM RESOURCES & ANOR v. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED delivered today, Friday, August 20, 2021, which set aside the earlier judgment of the Federal High Court given in favour of the Shell Petroleum Development Company of Nigeria Limited (SPDC) sometime in 2019, and sacked the SPDC from Ogoniland.
“Recall that we had in 2019 informed you of the subterranean move by the SPDC to re-enter Ogoniland through the back door via Suit No: CS/524/19 filed at the Federal High Court, Abuja Division in which the court ordered the Federal Government of Nigeria to renew SPDC’s lease in OML 11 for another 20 years.
“Upon receipt of the judgment of the Federal High Court, the leadership of the COOP engaged the Federal Government of Nigeria and impressed on the government the need to appeal the said judgment in the interest of Ogoni people and Nigerians at large.
“The government appealed the said judgment of the Federal High Court in the same 2019. This appeal was decided today by a three-man Panel of the Court of Appeal. The Court of Appeal in reversing the lower court on the issue of renewal held that the Minister of Petroleum Resources has discretion under the Petroleum Act to renew or decline to accede to the application for grant of a renewal of an oil mining lease by an applicant. The Court of Appeal further held that the decision of the Minister of Petroleum Resources not to renew OML 11 for the SPDC was in order, valid and cannot be questioned.
“This judgment, therefore, effectively brings to an end the stranglehold of the SPDC over OML 11 (Ogoni Fields) which has lasted for over six decades, beginning from 1958, and which brought to the Ogoni people nothing but military oppression, genocide, economic strangulation, misery, acute poverty, environmental degradation and gross human rights violations that culminated in the execution of the Ogoni heroes, Ken Saro-Wiwa and his fellow martyrs-in-struggle.
“ As we join millions of people of conscience across the world to bid the SPDC farewell from Ogoniland today upon the dissolution of the slavish and colonial ties that held us together for these over six decades, we salute the courage and decisiveness of the President of the Federal Republic of Nigeria, President Muhammadu Buhari, who doubles as the substantive Minister of Petroleum Resources, the Minister of State for Petroleum Resources, Chief Timipre Sylva, the Group Managing Director of the Nigerian National Petroleum Corporation, Mr. Mele Kyari, the security agencies and all stakeholders who listened to the plea of the people and took the decision not to renew OML 11 for the SPDC.
“We thank them all for the victory recorded today through our collective efforts. We also commend the resourcefulness and forthrightness of the Nigerian Judiciary which by today’s judgment has reinforced our belief that the Judiciary is indeed the last home of the common man.
“We are excited because today the exit of the SPDC from Ogoniland which was foretold by our hero, Ken Saro-Wiwa, has been actualized in our lifetime and through the collective sacrifice of Ogoni people. As at today, all rights and interests in and over OML 11 (Ogoni fields) have reverted to the Federal Government of Nigeria.
“We have already set our agenda for a robust engagement with the Federal Government of Nigeria on the possibility of returning to the negotiation table with a view to resolving the legacy issues that occasioned the Ogoni agitation.
“We trust the Federal Government of Nigeria under President Muhammadu Buhari to immediately open lines of communication with Ogoni leaders of thought with a view to commencing preliminary talks. We are very optimistic that the exit of the SPDC will open new vistas towards unleashing the full oil and gas potentials of the Ogoni fields and its development in a transparent and environmentally sound manner for the benefit of all stakeholders.
“On behalf of the Ogoni people, we wish to state that never again shall we allow any lessee or operator of OML 11 (Ogoni fields) to impoverish our people, destroy our livelihoods and economy and render our environment an ecological wasteland by adopting bad oilfield practice in the development of the Ogoni oil block.
“We make bold to assure that Ogoni people will continue to peacefully and non-violently resist every repeat of the SPDC treatment. We appeal to Ogoni people to give the Federal Government of Nigeria the necessary support and opportunity to right the wrongs of the past through transparent dialogue, collaboration and inclusion in the development of OML 11 (Ogoni fields).
“We call on Ogoni people to be resolute and steadfast as we shall collectively mobilize our people to non-violently and peacefully fight for our rights as indigenous people recognised under international law and we shall win”.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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