Oil Host Communities in Niger Delta and some Civil Society Organisations in the region have dragged the National Assembly and the Attorney General of the Federation and Minister of Justice to court over the Petroleum Industry Act, PIA.et B.SThis came as the oil-producing areas in the region expressed regrets with their representatives at the National Assembly, stating that the NASS representatives from their region failed the people by allowing the Petroleum Industry Bill to scale through. Groups from the region have consistently rejected sections of the PIA, insisting that the bill is more tilted towards making operations easier for oil and gas operators and government while demanding more responsibility from host communities.
The suit, which is, before a Federal High Court sitting in Port Harcourt marked FHC/PH/CS/181/2023, was filed by Henry Eferegbo, Princewill Chikakpobi Chukwure, Avadi Chimankpam, Benjamin Warder, Precious Ibegwura, Zion Kientei, Rhoda Peters, Ekpokome Governor and Registered Trustees of Health of Mother Earth Foundation, the Registered Trustees of Centre for Social Studies and Development, and the Registered Trustees of Pilex Centre for Civic Education Initiative.
Addressing newsmen in Port Harcourt on the development, the coordinator of We the People, Ken Henshaw, said PIA was aimed at addressing long-standing development challenges in oil-producing communities, but several provisions of the act have the potential to cause disaffection and conflict between oil firms and host communities, especially with Section 257 of the PIA.
Henshaw said that rather than promote development, some provisions of the PIA and its accompanying regulations, may result in increased deprivation for communities and create new conflict scenarios, adding that the PIA is also guilty of treating communities as oil company colonies.
He said: “Concerned with the above-listed contentious implications of Section 257 of the PIA, responsible civil society organizations and individuals from oil-producing communities have approached the court to provide an interpretation of the contentious section of the PIA.
“We have sued the National Assembly and the Attorney General of the Federation & minister of Justice on the following grounds:
Whether the shifting of personal liability for damage, property injury, vandalism or sabotage to Host Community (other Persons) by the provisions of S. 257 (2,3) of the Petroleum Industry Act 202, 1 is not inconsistent with Sections 43 and 44 of the 1999 Constitution of Nigeria, (as Amended) which protects citizens’ rights to own immovable and movable properties (including funds/money).
“Whether the penalization of civil unrest in its entirety (which by definition includes lawful protest and peaceful demonstrations) by the provisions of S. 257 (2,3) of Petroleum Industry Act 2021 is not illegal and unconstitutional having regard to Sections 38, 39 and 40 of the 1999 Constitution of Nigeria, which provides for freedom of association, assembly, expression and protest.
“Whether the provisions of S. 257 (2,3) of the Petroleum Industry Act 2021 are not prejudicial against the Host Communities in Nigeria and do not violate the principles of natural justice, equity and good conscience by placing on the Host Community, strict liability for vandalism, damage, sabotage carried.
Lawyers representing the host communities Mr Igoh B. Owhonda-Wopara, Mr Courage N. Nsirimovu, Mr Anachor Omodu, M. Leonard Chidera Oragwa and Ms Grace Blessing Appolos, have insisted that they will pursue this matter to a logical conclusion to ensure that the said unjust and repugnant provision is expunged or struck out of the PIA 2021.
“WE WILL LEAVE NO STONE UNTURNED UNTIL WE EXHAUST EVERY RELEVANT LEGAL REMEDIES AVAILABLE TO ENSURE SOCIAL JUSTICE FOR AFFECTED HOST COMMUNITIES.
