The Federal High Court in Warri, Delta State, has delivered a landmark judgment in a suit filed by the Benikrukru Community in Warri South-west local government area and others against Chevron Nigeria Limited and other Itsekiri’s defendants.
In the suit number: FHC/WR/CS/49/2024, Pa. Kwekwewei Onimiyenmene, Pastor Paul Willie, Elder David Kiriodougha, Captain John Abase, Elder Dogood Ogoloru, Madam Goldcoast Jimmy, were listed as 1st, 2nd, 3rd, 4th, 5th and 6th plaintiffs respectively (for themselves and on behalf of the entire members of the Benikrukru community, Gbaramatu Kingdom of Delta state)
Chevron Nigeria Limited on its part is listed 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, where they are are sued for themselves and as representatives of the Ode-Itsekri Deghele communities of Delta state).
Also, in the suit, 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 to 12th defendants are sued for themselves and as representatives of the Omateye family of Bateren community of Delta state).
The plaintiffs had sought a declaration that the Consent Judgment dated 12th March, 1982, which governed the payment of compensation to the communities for the use of their land, had expired.
They also sought an order of perpetual injunction restraining Chevron from continuing to assess, determine, and/or pay compensations to the plaintiffs based on the expired consent judgment.
In an originating summons dated the 20th day of May, 2024. the plaintiffs are seeking the determination of the following questions
Whether 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., has lapsed and become inoperative by reason of the Terms stated therein and the completion of the purpose for which same was entered among others.
They also seek 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.
There was 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.
After listening to argument, counter-arguments, affidavits and counter-affidavits by the plaintiffs’ counsel, Larry Malemi Esq., K.K. Iheme Esq,, (counsel to 2nd- 6th defendants) and counsel to 1st defendant, A.E Oghounu Esq., who urged the court to dismissed the suit in its entirety, the court declared that the Consent Judgment dated March 12, 1982, has lapsed and become inoperative.
Giving his judgment, Hon. Justice H. A. Nganjiwa held that the Consent Judgment had indeed lapsed and became inoperative
The preaiding judge also granted the plaintiffs’ request for a perpetual injunction restraining Chevron from continuing to pay compensations based on the expired consent judgment.