Tension is gradually building up in the oil producing Itsekiri communities in Warri South West and Warri South Local Government Areas following the judgement of a Federal High Court sitting in Warri, Delta State, ordering Chevron Nigeria Limited (CNL) to ?discontinue payment of compensation to Ode-Itsekiri and Deghele.

The judgement delivered by Hon. Justice H. A. Nganjiwa, on January 31, this year, was given as a result of a suit filed by indigenes of Benikrukru community in Gbaramatu Kingdom of Warri South West against Chevron, Ode-Itsekiri, and other defendants in the case marked FHC/WR/CS/49/2024.

Plaintiffs in the case, Pa. Kwekwewei Onimiyenmene, Pastor Paul Willie, Elder David Kiriodougha, Captain John Abase, Elder Dogood Ogoloru, and Madam Goldcoast Jimmy, on behalf of Benikrukru Community, had sought a declaration of the court to vacate the Consent Judgment, which was first entered on March 12, 1982, in several suits involving Gulf Oil Company (now Chevron), which had expired.

Listed in the suit were Chevron Nigeria Limited as 1st, David Mode Akoma, 2nd, Doris Odemi 3rd, Pa. Samson Amaola 4th, Steve Edema 5th, Henry Temisan 6th, defendants respectively (the 2nd-6th defendants are sued for themselves and as representatives of the Ode-Itsekri/Deghele communities of Delta state).

Also listed as respondents were Dr. Peter Etchie, Friday Etuwewe, Esimaje Henry, Olori-ebi Lugard Etchie, Isaac Etchie and Sunny Etchie are listed as the 7th, 8th, 9th, 10th, 11th and 12th, defendants respectively (the 7th-12th defendants are sued for themselves and as representatives of the Omateye family of Bateren community of Delta state).

The plaintiffs sought among other things the continued application of a 1982 Consent Judgment which they claimed had expired and is no longer enforceable, which hitherto governed compensation payments for the use of lands belonging to the Benikrukru community in the Gbaramatu Kingdom.

They argued that the terms of the judgement had been fulfilled and that the legal basis for continued compensation payments had lapsed.

They prayed the court to also declare that the Consent Judgment, stemming from several earlier suits (W/146/1972, W/89/1973, and W/130/1972), had become inoperative due to the completion of its intended purpose.

The plaintiffs also further sought an order for Chevron to cease the assessment and payment of compensation based on the expired judgment.

After hearing extensive arguments from both sides, including submissions from plaintiffs? counsel, Larry Malemi Esq., and K.K. Iheme Esq. (representing the 2nd to 6th defendants), as well as A.E. Oghounu Esq. (counsel to Chevron), Justice Nganjiwa ruled in favour of the plaintiffs, declaring that ?the Consent Judgment had indeed lapsed and become inoperative?.

Justice Nganjiwa in the judgement, a certified true copy made available to journalists in Warri yesterday, further granted the plaintiffs? request for a perpetual injunction, restraining Chevron from continuing to assess, determine, or pay compensation to the community based on the expired 1982 Consent Judgment.

The court noted that ?the purpose of the judgment had been fulfilled and that Chevron?s continued actions in relation to the judgment were no longer legally justified?.

Justice Nganjiwa declared as follows: ?1. A declaration that the Consent Judgment dated 12th March, 1982, entered in Suit No: W/146/1972: John Akunujuya Ogio-Okirika & 3 Ors. vs. Gulf Oil Company (Nig.) Limited & 5 Ors., Suit No: W/89/1973: Chief Pius O. Awani & Ors. vs. Messrs. Gulf Oil Company (Nig.) Limited and Suit o: W/130/1972: Chief Jemigbeyi Fregene & 2 Ors. vs. Chief Pius O. Awani & 3 Ors, has lapsed and become inoperative by reason of the performance of the terms stated therein and the completion of the purpose for which same was agreed to and entered as Consent Judgment.

?A declaration that the Consent Judgment dated 12th March, 1982, entered in Suit No: W/146/1972: John Akunujuya Ogio-Okirika & 3 Ors. vs. Gulf Oil Company (Nig.) Limited & 5 Ors., Suit No: W/89/1973: Chief Pius O. Awani & 4 Ors, vs. Messrs, Gulf Oil Company (Nig.) Limited and Suit No: W/130/1972: Chief Jemigbeyi Fregene & 2 Ors, vs. Chief Pius O. Awani & 3 Ors., having lapsed and become inoperative, the 1st Defendant is no longer justified in law to continue to assess, determine and/or pay compensations which continue to accrue (to the Plaintiffs) under Sections 95-99 of the Minerals and Mining Act Cap. M12, LFN 2004 and Sections 11(5) and 20(2) of the Oil Pipelines Act, Cap. 07, LFN 2004 (and/or any other relevant law providing for payment of compensations) for the occupation and/or use of the Plaintiffs lands, or allocate benefits provided under Sections 234-257 of the Petroleum Industry Act, 2021 (and/or any other relevant law in that regard), to the parties in this suit on the basis of the aforesaid Consent Judgment.

?A declaration that, since the compensation paid by the 1st Defendant in Suit No: W/146/1972: John Akunujuya Ogio-Okirika & 3 Ors. vs. Gulf Oil Company (Nig.) Limited & 5 Ors., Suit No: W/89/1973: Chief Pius O. Awani & 4 Ors. vs. Messrs. Gulf Oil Company (Nig.) Limited and Suit No: W/130/1972: Chief Jemigbeyi Fregene & 2 Ors. vs. Chief Pius O. Awani & 3 Ors. was to compensate the Plaintiffs in those suits for its occupation, damage to and destruction of their lands known as Keghan-Gbene, Ogbagbene and Benikrukru Bush (Suit No: W/146/1972), the lands near Abeteye and Abe Olague (Suit No: W/89/1973) and the land known as Abiteye (Suit No: W/130/1972), the application of the Consent Judgment dated 12th March, 1982, entered in the said suits, is limited to those lands alone.

?An order of perpetual injunction restraining the 1st Defendant, whether by itself, staff, agents and/or representatives, howsoever described, from continuing to assess, determine and/or pay compensations to the Plaintiffs for the occupation and/or use of the lands which are the subject matters of Suit No: W/146/1972: John Akunujuya Ogio-Okirika & 3 Ors. vs. Gulf Oil Company (Nig.) Limited & 5 Ors., Suit No: W/89/1973: Chief Pius O. Awani & 4 Ors. vs. Messrs. Gulf Oil Company (Nig.) Limited and Suit No: W/130/1972: Chief Jemigbeyi Fregene & 2 Ors. vs. Chief Pius O. Awani & 3 Ors., or allocate benefits to the Plaintiffs, on the basis of the Consent Judgment dated 12th March, 1982, entered in the said suits?.

Reacting to the judgement in a statement issued yesterday, a former militant group in Itsekiri land under the auspices of the Itsekiri Defense Council (IDC), led by ?General? Iwedundun Akpakpa has threatened bloodbath as an aftermath of the court judgement ordering Chevron Nigeria Limited to discontinue payment of compensation to Itsekiri communities of Ode-Itsekiri and Deghele in Warri South and Warri South West Local Government Areas of the state.

?This will be another round of the Okuama crisis in Warri South West. It will happen, since the ljaws, led by Mr. Mathew Tonlagha, have drawn the battle line?.

Iwedundun Akpakpa in the statement declared ?It has come to the attention of the Itsekiri Defense Council (IDC), that there is a 48-hour ultimatum given to all Itsekiris working in the Abiteye flow station to accept that they are ljaws or leave the flow station.

?The ultimatum also included that all Itsekiris in their God given land of Abiteye should leave the community within 48 hours and Deghele and Bateren community will start paying rent to one Matthew Tonlagha over a court judgment on a location in Abiteye.

?Let it be known that Abiteye land and all surrounding lands (Deghele and Bateren) belong to the Itsekiris. It was the ltsekiris who leased the Abiteye flow station to Gulf in the 90s; all the documents are there. We, the IDC, will ensure that all Itsekiriland is protected at all times.

?In the coming days, we will cause damages that will not only be felt by the Delta State Government but will also be felt by the Federal Government of Nigeria.

?When this happens, both the state and federal governments should hold Mr. MatthewTonlagha responsible for the bloodbath and economic losses that this will lead to in Nigeria.

?No Itsekiri child will be sent out of his land; the illegal community known as Kenyagbene on the soil of Abiteye will be brought down. Benikrukru will be brought down.

?Matthew Tonghala is being backed by the Pere of Gbaramatu whose homeland is in Bayelsa but today claims Benikrukru in Omadinos land as his homeland.

?This will be another round of the Okuama crisis in Warri South West. It will happen, since the ljaws, led by Mr. Matthew Tonlagha, have drawn the battle line.

?We shall all dance naked. This is to all supporters and loyalists of both Tompolo and Mathew Tonlagha within the Itsekiri nation?, it added. (THISDAY)

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