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OML 11 controversy: SPDC appeals High court judgment

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Yemie ADEOYE

LAGOS-FOLLOWING the controversy emerging from some oil and gas assets belonging to Shell Petroleum Development Company, SPDC, located in Kidney island, Rivers state, the Oil giant has expressed disappointments over the latest judgement on the matter from the Rivers State High Court which affirmed the enforcement of the purported sale of interests in SPDC’s JV’s  assets in Kidney Island as well as specified interests in OML 11 to the Rivers State Government.

This was contained in a statement issued by the Anglo-Dutch oil giant in Lagos, signed by the Media Relations Manager Bamidele Odugbesan and made available to Biztellers.com.ng via electronic mail. Expressing it’s disappointment further, SPDC stated that in the underlying judgement (Chief Agbara and Others v. SPDC, ),which is being enforced by the sale, the claimants themselves accepted in the High Court in England that the claim was “miscalculated” and “materially overstated”. SPDC has therefore filed an appeal and an application for a stay of execution of this recent judgment issued by the Rivers State High Court on 13 August 2020.


Osagie Okunbor,
Managing Director, The Shell Petroleum Development Company of Nigeria (SPDC) and Country Chair of Shell Companies in Nigeria.

Prior to the instant case, the Rivers State Government had  filed a similar case at the Federal High Court Abuja asking the Federal High Court in Abuja to direct the Minister of Petroleum Resources to recognise the same purported interest acquired through auction sale. The Rivers State Government withdrew the Abuja case in July 2020 and refiled this new case at the Rivers State High Court without joining the Minister of Petroleum Resources. An application by SPDC to join the Minister of Petroleum Resources to the suit as a necessary party for a just determination of the issues was denied by the Judge. Under the Nigerian Petroleum Act, any acquisition or assignment of interests in a licence or lease must have the consent of the Minister of Petroleum Resources.

The root case, Chief Agbara and Others v. SPDC, which led to the purported sale of interests SPDC JV’s assets is still the subject of ongoing proceedings in several courts, including the supreme court, and it remains the position of SPDC that no payment is due and any purported sale or enforcement of payment is premature and prejudicial to ongoing proceedings. The auction sale is also being challenged on appeal by SPDC.

The root case has its origin in a spill caused by third parties during the Nigerian Civil War, a challenging period which resulted in significant damage to oil and gas infrastructure in the Niger Delta region. While SPDC does not accept responsibility for the spill, the affected sites in Ejama Ebubu community were fully remediated, and this was certified by the government regulator.

The claim for N17billion as damages was first brought by the Ejama Ebubu community against SPDC in 2001 in the Federal High Court of Nigeria. In 2010, the court gave judgment against SPDC and awarded the claim without SPDC being given reasonable opportunity to defend the facts of the case. Indeed, this case has focused too long on procedural issues and not on its merits – we have always been clear that we are ready to defend this case based on the available facts.

SPDC appealed the 2010 judgment and obtained an order to stay the execution of the judgment upon the provision of a bank guarantee issued by First Bank of Nigeria Limited in favour of the claimants. Despite this matter being the subject of ongoing proceedings in the Nigerian courts, the claimants went ahead to seek to enforce the judgment in both Nigeria and England.

The English court last year rejected the claimants’ attempt to enforce the Nigerian court judgment in the UK, referring to a ‘breach of natural justice’ in the proceedings against Shell in Nigeria. The English court also found that the claimants had “materially over-stated” the value of the judgment which the claimants admitted was  N34.716billion. The court therefore ruled that it would not be just and convenient for a Nigerian judgment to be enforced in the UK which the claimants acknowledge is “miscalculated”.

On Monday, March 2, 2020, the Federal High Court sitting in Abuja issued an order attaching the sum of N182billion in First Bank of Nigeria Limited’s statutory account with the Central Bank of Nigeria in favour of  Ejama Ebubu community in Rivers State.

SPDC and other parties affected by the March 2, 2020 order of the Federal High Court filed separate appeals, as well as applied to set aside the order and restrain its execution pending the appeal decision. In accordance with the spirit of fair hearing in the Nigerian judicial system, we remain of the view that until the pending appeals are heard and determined, SPDC is not liable to make any payments, and therefore none any of its assets or interest should not be attached to satisfy the judgement.

SPDC operates the SPDC Joint Venture on behalf of the JV partners which include the Federal Government, represented by Nigeria National Petroleum Corporation (NNPC), with 55% participating interest.

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Group Demands Fair Share of NNPC Jobs for Ogoni Oil Exploration

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A call has gone to President Bola Tinubu, the Federal Government, the Ogoni Dialogue and Consultation (ODC) and the Nigerian National Petroleum Company Limited (NNPC Ltd) to ensure the inclusion of persons with disabilities in ongoing discussions on the future of Ogoniland.

While making the call, the Ogoni Association of Persons Living with Disabilities (OGAPWD) also demanded disability-inclusive employment opportunities and greater participation in development programmes linked to the proposed resumption of oil production in the area.

Speaking during a press briefing in Port Harcourt, OGAPWD President-General, Baridapdoo Ngo, said dialogue on Ogoniland’s future would be incomplete without the representation of persons with disabilities.

“We are not opposed to dialogue. We are not opposed to development. We oppose exclusion, discrimination and decisions that determine our future without our participation,” he said.

READ ALSO: NIPCO Gas Licences, NNPC Ltd Management Face Reps Probe

Ngo urged the ODC leadership to include nominated representatives of the association in its dialogue structures and relevant committees, stressing the need for accessible meeting venues and communication support.

He said persons with disabilities should participate meaningfully in discussions on environmental remediation, employment, security and community development rather than being invited merely for ceremonial purposes.

He pointed out that “Inclusion is not charity. Representation is not a favour. Accessibility is not a privilege. These are matters of rights, dignity and equal citizenship”.

On employment, OGAPWD expressed concern over reports that NNPC Ltd was offering 40 positions connected with Ogoni engagement under the Confidence Building Measures (CBM).

The association called on the national oil company to clarify the recruitment criteria and explain how qualified applicants with disabilities were being considered.

It demanded that at least five per cent of the 40 positions be allocated to qualified Ogoni applicants with disabilities, citing Section 29 of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.

OGAPWD also requested a formal meeting with NNPC Ltd and asked the company to respond to its concerns within 15 days.

The association said it supported a responsible and lawful resumption of oil production, provided the process prioritised environmental protection, transparency, public health and the rights of affected communities.

It further urged the Federal Government to address the demand for Bori State through the appropriate constitutional process, describing the issue as central to its position on Ogoni self-determination.

OGAPWD appealed to traditional rulers, political leaders, youth organisations and community stakeholders to ensure that persons with disabilities benefited from employment, skills acquisition, business support and other development initiatives.

The association urged the Federal Government, ODC and NNPC Ltd to take concrete steps to ensure that persons with disabilities were represented in decisions affecting Ogoniland’s political, economic and environmental future.

“Our message is simple: no exclusion in dialogue, no discrimination in employment, no development without inclusion,” Ngo said.

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200 Imo Teachers Benefit from NCDMB’s Effective Curriculum Training

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NCDMB Emerges Best MDA In Ease Of Doing Business Ranking

The Nigerian Content Development and Monitoring Board (NCDMB), has flagged off a five-day capacity building programme for 200 primary and secondary school teachers drawn from all local government areas of the state.

Themed “Empowering Teachers for Effective Curriculum Delivery through Digital Innovation, Modern Pedagogy and Professional Excellence,” the training is centred on four pillars, namely, “Digital Literacy, ICT Skills and Digital Teaching Tools” (Pillar 1); Interactive Lesson Preparation, Presentation, and Learner Engagement” (Pillar 2); “NERDC [National Educational Research and Development Council] Curriculum Alignment and Competency-based Lesson” (Pillar 3), and “Positive Classroom Management, Discipline and Learner Support” (Pillar 4).

In his opening remarks at the event, the Executive Secretary of the NCDMB, Engr. Felix Omatsola Ogbe, represented by Assistant Manager, Institutional Relations and Entrepreneurship Development (IRED), in the Capacity Building Directorate (CBD) of the Board, Ms. Khadijah Jekhine, said the programme reflects NCDMB’s firm belief that sustainable Nigerian Content development begins with quality education and skilled human capital.

He described teachers as “the primary multipliers of knowledge,” adding, “When we invest in you – equipping you with digital tools, modern teaching methods, and professional excellence – we invest in thousands of young Nigerians who will become the engineers, technicians, innovators, and professionals our oil and gas industry and national economy urgently needed.”

The NCDMB boss explained that the goal of the Board is to strengthen the capacity of the teachers for effective curriculum delivery so that classroom learning becomes more practical, engaging, and aligned with the demands of the future of work. He enjoined the teachers to ensure that what they gained from the training cascades to their students, pupils and colleagues, thus raising the quality of education and building the foundation for greater indigenous participation in the oil and gas industry.

He expressed appreciation to the Imo State Government, the State Ministry of Primary and Secondary Education and all collaborating partners for the strong partnership that has made the programme possible.

The programme facilitator, Dr. Anayo Nzeribe, General Manager, R&M Networks Limited, said the intervention of the NCDMB in the educational system in the State was of inestimable value as it complements the Government’s efforts to improve access to quality education and provides essential facilities for learning and teaching.

He announced that the Board has made available digital tools and other teaching aids for distribution, that each of the 200 participants would receive a laptop and accessories, among other things. In addition, each of them would receive what he termed “a handsome stipend” at the end of the training programme on Saturday (17th October).

Dr. Nzeribe, on behalf of his company and the joyous teachers, expressed profound gratitude to the NCDMB for the initiative and assured that the tools donated would be put into adequate use to enhance teaching in the State.

READ ALSO: Showunmi Urges South-East to Judge Tinubu by Projects, Not Propaganda

The State Commissioner for Primary and Secondary Education, Professor Bernard-Thompson Ikegwuoha, represented by an official of the Ministry, Dr. (Mrs.) Benedicta Chinonye Okorie, was similarly appreciative of the contributions of the NCDMB to educational advancement in the State.

The Owerri capacity building initiative is following close on the heels of a Train-the-Trainer programme organised by the Board in Yenagoa, Bayelsa State, last month, for 88 teachers of vocational and technical schools. That programme centred on industry-relevant technical skills, digital technologies, and competency-based teaching methodologies.

On the NCDMB team at the Owerri event were the Zonal Coordinator for Imo and Abia States, Dr. Emma Ohaere, and other staff of the Owerri Liaison Office, as well as Ms. Salamatu Ibrahim, Assistant Manager, Corporate Communications Division (CCD), among others.

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EndSARS Memorial: ‘Nigerians Still Deserve Answers’ – Atiku

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PDP Threatens INEC Over Delay In Presidential Election Results

Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has said Nigerians still deserve answers six years after the October 20, 2020, EndSARS shooting at the Lekki Toll Gate in Lagos.

Atiku made this known in a statement on Tuesday marking the sixth anniversary of the incident, in which he called for accountability over the shooting and criticised the Federal Government’s handling of the unresolved questions surrounding the tragedy.

He questioned who gave the order for the operation against protesters, insisting that the country could not continue to commemorate the victims without addressing the circumstances surrounding the incident.

RELATED NEWS: EndSARS Memorial: ‘We Must Never Normalise Injustice’ – Peter Obi

Atiku also recalled President Bola Tinubu’s remarks in October 2020, when he questioned the circumstances surrounding the casualties recorded during the shooting.

Tinubu had asked: “How were they there? How long were they there? What kind of characters are they?”

According to Atiku, the remarks appeared to focus on questioning the victims rather than demanding answers from those responsible for the violence against peaceful protesters.

He said the anger surrounding the anniversary reflected the unresolved grief of affected families and the distrust of young Nigerians who had demanded accountability and a better future.

“The APC has governed Nigeria through these six years. It cannot keep asking Nigerians to remember the dead while refusing to confront the unanswered questions,” Atiku said.

The ADC presidential candidate also linked the unresolved questions surrounding the Lekki shooting to the economic hardship confronting Nigerians, particularly young people struggling with rising living costs.

Citing petrol prices of ₦1,405 per litre, Atiku said transportation costs were making it increasingly difficult for Nigerians to afford basic necessities, including food, rent, education and commuting to work.

He illustrated the situation with the account of a young woman who reportedly resigned from her job because her salary could no longer cover her transportation expenses.

According to Atiku, one of his aides shared the woman’s experience earlier on Tuesday.

The woman reportedly said: “The pay no longer covers transport. Everything in Nigeria just dey increase in price. Feels like I’m working for Bolt guys.”

Atiku described the experience as an example of the difficulties faced by employed Nigerians whose earnings could no longer adequately cover the cost of getting to work.

He argued that the economic situation was affecting not only unemployed Nigerians but also workers struggling to survive on salaries weakened by rising costs.

The former vice president also highlighted his Economic Recovery Plan, which he said was designed to make Nigeria more affordable.

The proposed measures include providing support tied to fuel refined in Nigeria, passing savings on to consumers, increasing local production to create jobs, protecting minimum-wage earners, supporting students and cutting government waste rather than imposing additional taxes.

Atiku maintained that young Nigerians deserved answers about the Lekki shooting, a government that protects human life and an economy in which employment could provide a path to a better standard of living.

He added that Nigerians were entitled to question the APC’s record on accountability and economic opportunities six years after the incident.

The EndSARS protests began in October 2020, with young Nigerians demanding an end to police brutality and reforms to policing in the country. The shooting at the Lekki Toll Gate on October 20 became one of the most prominent events associated with the protests.

 

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