Delta Court Orders Chevron To Pay Royalty, Compensation To Gbaramatu Community

Oghenruona Tejiri, Warri

A Federal High Court sitting in Warri has ruled in favour of Benikrukru Community of Gbaramatu Kingdom in Warri South West Local Government Area ordering Chevron Nigeria Limited to stop paying royalties to Itsekiri Communities of Deghele and Ode-Itsekiri in the same local government area.

It was gathered that the judgement followed a suit filed by indigenes of Benikrukru Community in Gbaramatu Kingdom of Warri South West against Chevron, Ode-Itsekiri, and other defendants in Suit Number/ marked FHC/WR/CS/49/2024.

The judgement was delivered By Hon. Justice H. A. Nganjiwa of the Federal High Court on January 31, 2025.

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) because it had expired.

Listed in the suit as Defendants were Chevron Nigeria Limited as First Defendant, 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 Benikrukru Community in 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 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”.

In a certified true copy of the judgement which was made available to journalists in Warri on Monday evening, Justice Nganjiwa declared as follows: ” 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”.

Meanwhile, a former militant group in Itsekiri land under the auspices of the Itsekiri Defense Council (IDC), led by ‘General’ Iwedundun Akpakpa has threatened bloodbath.

The Ijaws of Benikrukru Community led by Mr. Matthew Tonlagha would ensure the judgement is implemented to the letter with Chevron discontinuing payment of compensation to Itsekiri Communities.