Court Upholds Host Communities’ Recognition in NOGICD Act, PIA
The Federal High Court sitting in Abuja has upheld that the community where the operational activities of an oil and gas firm are taking place, reserves the hosting rights in such circumstance and should be engaged in that regard by the firm carrying out such operation.
The Buoye Omuso (Brown) Major House of Finima and Finima community in Bonny Local Government Area of Rivers State had file a suit before the court demanding to be recognised as the host community of the Nigeria LNG Limited, in line with Community Content Guidelines of the Nigerian Content Development and Monitoring Board, NCDMB, and the Petroluem Industry Act 2021.
Justice Donatus Okorowo, in his verdict on the suit No: FHC/ABJ/CS/1419/2022, ruled in favour of the Buoye Omuso (Brown) Major House of Finima, who are plaintiffs suing on behalf of themselves and the people of Finima Community.
Respondents in the suit are the Nigeria LNG Limited, Nigerian Content Development and Monitoring Board, NCDMB, the Federal Ministry of Petroleum Resources and the Nigerian National Petroleum Company Limited.
The plaintiffs among other reliefs had sought the court to declare Finima as the host community of NLNG and not Bonny Kingdom, just like the company had recognised Ogbum-nu-Abali community and Amadi-Ama community as joint host communities of its Corporate Head Office in Port Harcourt, and not Rebisi Kingdom or Okrika kingdom.
Represented by Amauche Onyedum, a Principal Counsel in Mike Ozekhome’s Chambers, the plaintiffs, who asserted in the said suit that they are founders and owners of all lands in Finima, sought and got all the reliefs granted to wit.
Some of the reliefs are, “A declaration that the Plaintiffs, who sued in a representative capacity for themselves and on behalf of the Buoye Omuso (Brown) Major House of Finima, (founders of Finima, and owners of all lands in Finima) and Finima Community in Bonny Local Government Area, Rivers State, is the host community housing the NLNG Plant and other NLNG facilities, referred to in the 2nd Defendant’s letter dated 3rd March, 1978, with reference No: GPD.001/S.1/21 50230/225, same being their ancestral homelands.
“A declaration that it is, illegal, wrongful, unconscionable and unlawful for the defendants to refuse, neglect and fail to ensure due compliance with the provisions of Sections 25, 26, 27, and 28(2) of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Guidelines 1.0 to 7.0 of the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as they affect the Plaintiffs’ land in their community before or after the commencement of work, or soon after the coming into effect of the instant Act and guidelines by the 3rd Defendant.
“An order of perpetual injunction restraining the Defendants, whether by themselves, their representatives, workers, servants, agents and/or privies howsoever called, from carrying out further works or operations on the site of the NLNG Plant in Finima Community until due and total compliance with the terms and conditions agreed upon by the Plaintiffs.
The Terms and Conditions will be agreed with the 3rd Defendant, the provisions of the NOGICD Act 2010, and the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as well as other extant regulatory requirements.”
Reacting to the court judgement, the management of the Nigeria LNG Limited said the company’s lawyers were studying the court’s decision and will react at the right time.
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NLNG General Manager, External Relations and Sustainable Development, Mr. Andy Odeh, in a statement, said company remains focused in ensuring and maintains a cordial relationship with its host community as a global gas firm.
“Nigeria LNG Limited is aware of a judgement by the Federal High Court sitting in Abuja on a case brought by the Buoye Omuso Brown House of Finima against Federal Ministry of Petroluem Resources, NNPCL, NLNG, and NCDMB, seeking the court’s interpretation in matters relating to host communities and the Petroleum Industry Act.
“NLNG wishes to state that its lawyers are studying the decision and will react at the appropriate time.
“Nigeria LNG remains focused on ensuring cordial relationship with its host communities and remains committed to sustainable community development, peace in its areas of operation as it continues to be a to globally competitive LNG company helping to build a better Nigeria,” the company said.
