Wednesday, 18 January 2017
Bayelsa CLO berates Agip for flouting judgment on N30.5m spill compensational
Bayelsa CLO berates Agip for flouting judgment on N30.5m spill compensational
The Bayelsa branch of the Civil Liberties Organisation (CLO) on Thursday berated Nigeria Agip Oil Company (NAOC) for flouting several court judgments on spill compensation in its host community.
CLO in a press conference addressed in Yenagoa by Chief Nengi James, State Chairman of the NGO in Bayelsa noted that the refusal of the oil firm to compensate the Azuzuama community in Bayelsa was an invitation to anarchy.
James noted that it was regrettable that the communities impacted by four spill incidents deprived of N30. 5 million compensation in 2004 sought legal redress but yet to get justice after winning the case till Court of Appeal stage.
The CLO noted that the community opted to channel its grievances through the law courts but the favourable judgments were yet to be enforced setting a dangerous precedent that might compel them to seek self help.
Narrating the plight of Azuzuama community in Southern Ijaw Local Government Area, Mr Kelvin Ejelonu, Counsel to the Community noted that the community won the legal tussle at Federal High Court and Court of Appeal.
“An action was filed against Agip at the Federal High Court in Yenagoa on May 22, 207 and on June 30, 2010 the court gave judgement against Agip and ordered them to pay the compensation sum with additional N3 million damages.
“Though Agip appealed the judgment, on Agip’s application for stay of execution of the said judgment, the Federal High Court refused the said Application and ordered Agip to pay the said sum into the court.
“But Agip refused to comply to the court order, the appeal filed by Agip was dismissed on April10, 2014 by the Court of Appeal, Port Harcourt Divisions, thereafter Garnishee proceedings to enforce the judgment was commenced,” Ejelonu said.
He explained that Agip and its Bankers resisted the enforcement of the court judgments and approached the same court for a stay of execution which the court declined.
He said that following further pressure from the community to enforce the judgment Agip’s bankers paid the judgment sum into Federal High Court Yenagoa but reversed the payment under guise of qn orders of Appeal court.
He observed that neither Agip nor its bankers has shown the appeal court order on which it based the decision to revert the judgment debt earlier paid into court’s coffers.
According to him, the Bayelsa Police Command had also commenced prosecution of Agip and its bankers but said that there were pressures from Police headquarters to withdraw the case already pending in court.
Ejelonu noted that the connivance of NAOC and its bankers to evade justice was capable of eroding the confidence of other Niger Delta communities to be law abiding.
He therefore urged the relevant agencies of government to preserve the rule of law and the sanctity of the judiciary and avoiding setting a negative precedent for other oil .communities in the Niger Delta region.
He said that the community was resolute and were prepared to pursue the case to the apex court haven won up to Appeal court stage.
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