UPDATED: Court Rules In Favour Of Benikrukru Community In A Landmark Case Against Chevron Over Compensation

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) while Chevron Nigeria Limited 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 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 – 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:

1. 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.

2. Whether, having regard to the clear Terms contained in 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., the 1st Defendant is 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 lands which are the subject matters of the above suits, or allocate benefits provided under Sections 234-257 of the Petroleum Industry Act, 2021 (and/or any other relevant Judgment.

3. Whether, having regard to the war that the compensation paid by the 1 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.

After the determination of the questions posed and answered in the affirmative, they seek the following reliefs:

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.

2. 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 1 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.

4. 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.

In his judgment, Hon. Justice H. A. Nganjiwa held that the Consent Judgment had indeed lapsed and become inoperative.

Justice Nganjiwa, also granted the plaintiffs’ request for a perpetual injunction restraining Chevron from continuing to pay compensations based on the expired Consent Judgment.

He wrote;”In the final analysis, after considering all the facts placed before WARRI the court by affidavit evidence, Exhibits, arguments of counsels and the law I am satisfied that the Plaintiffs have proved its claims to be entitled to his reliefs. For this reason, I answer questions 1. 2 and 3 in the affirmative and in favour of the Plaintiffs and against the Defendants. Consequently, all the reliefs sought are also granted.

“I make the following DECLARATIONS AND ORDERS:

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, 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.

2. A DECLARATION THAT the Consent Judgment dated 12th March 1982 entered is Suit No W/146/1972: John Akunujuya Ogio Okirika & 3 Ors. vs Gulf Oil Company (Nig.) Limited & 5 Ors, Suit Na: 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 1 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.

3. 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 is those suits for is 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 12 March, 1982, entered in the said suits, is Limited to those lands alone.

4. AN ORDER OF PERPETUAL INJUNCTION is made 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.