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S’Court’s Affirmation Of Purchase Of OML 11, Kidney Island Excites RSG
The Supreme Court’s affirmation of Rivers State Government’s acquisition of 45 per cent equity stake in Oil Mining Lease (OML) 11 and Kidney Island in Port Harcourt has brought smiles on the faces of officials of the state government.
The Rivers State Government acquisition of OML 11 and Kidney Island was affirmed by the apex court, last Friday, when it dismissed the Shell Petroleum Development Company’s suit, which sought to set aside the N17billion judgment made against it in 2019.
It would be recalled that the Supreme Court had in January, 2019, upheld the judgment of the Court of Appeal, which awarded N17billion damages against the company for a devastating oil spill that ravaged farmlands, rivers and streams in Ejama-Ebubu in Eleme Local Government Area of Rivers State decades ago.
Shell, which was the operator of OML 11 in Ogoniland, and Kidney Island in Port Harcourt, had in July, 2019, filed a suit at the Supreme Court to set aside its earlier judgment on the ground that the apex court did not go into the merit of their appeal before upholding the decision of the Court of Appeal.
But, the Supreme Court, in a unanimous judgment prepared by Justice Centus Nweze, and delivered by Justice Samuel Oseji, asserted that the appeal filed by Shell was frivolous and lacks merit.
Justice Oseji declared that the Supreme Court cannot revisit its earlier decision on the matter.
To this end, the court dismissed Shell’s appeal for being incompetent and lacking in merit.
In addition, the Supreme Court held that parties were to bear the cost of their litigation.
The Rivers State Governor, Chief Nyesom Wike, had in September, last year, announced the acquisition of Shell’s 45 per cent interest in OML 11 oilfields and Kidney Island in the state.
The governor had directed the Rivers State Ministry of Finance Incorporated to make a bid of $150,000,0900.00 supported by a Bank Guarantee and cash payment to the Deputy Sheriff in the sum of N1billion, the later payable to the Judgement Creditors while the former is domiciled in an escrow account.
The Ejama community had filed a suit against Shell over un-remediated pollution that took place since 1970 as admitted by SPDC vide letters they wrote seeking to clean-up the spill in 2006 while the case was at the trial court.
The suit between Shell and Ejama-Ebubu community was finally disposed of in 2017.
But, SPDC and its parent companies, took out a further appeal to the Supreme Court of Nigeria in 2017, which appeal was considered and dismissed by that court in a judgment read by Hon. Justice B. Akaahs.
After losing at the High Court, Shell gave the successful Ejama-Ebubu Plaintiffs a Bond Guarantee stipulating that First Bank of Nigeria Limited would pay them the value of the Judgment debt and interests thereon in the event that SPDC’s appeal to the Court of Appeal failed at that court.
Having lost the matter at the Court of Appeal, the Ejama-Ebubu community commenced enforcement by domiciling the judgment in the state High Court, and levying execution on SPDC movables in their Industrial Area in Port Harcourt.
Shell, had invited the community and offered them N7billion as against the judgment debt of N194billion, which the community refused to accept.
Afterwards, the community approached the court for an order granting them leave to sell SPDC’s immovable property comprised in OML 11 and their Kidney Island support base in Port Harcourt.
It was on this basis that the Rivers State Government placed advertisement of the said immovable assets for auction after the Honourable Attorney General and Commissioner for Justice of Rivers State alerted the government of the state of the matter.
Wike, had said that rather than standby and watch other persons or groups purchase Shell’s 45 per cent interest in OML 11, and further exacerbate the poverty of the people of the State, the state government had to weigh in and bid for the purchase of SPDC interest already set down for auction.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.