SERAP takes Buhari govt to ECOWAS Court over illegal pipelines, oil theft


Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Muhammadu Buhari over “the failure to probe the operations of illegal oil pipelines between 2001 and 2022, to name and prosecute those suspected to be involved, and to recover proceeds of crime.”

The suit was filed by SERAP, Chief Eric Dooh, (who is suing for himself as a leader of the Goi Community in Gokana Local Government Area of Rivers State, and on behalf of the Goi Community), and 15 other concerned Nigerians.

The suit followed recent reports of the discovery of at least 58 illegal oil pipelines used to steal the country’s oil wealth. The stealing is reportedly carried out through the illicit pipeline connected to the trunk line via an abandoned pipeline, and linked to a location in the high sea, where they load crude oil into vessels and sell overseas.

In the Suit No ECW/CCJ/APP/53/22 filed last Friday before the ECOWAS Court of Justice in Abuja, the Plaintiffs are seeking: “an order directing and compelling the Buhari government to immediately probe the reports of operations of illegal pipelines and oil theft, name and prosecute suspected perpetrators.”

The Plaintiffs are also seeking: “an order directing and compelling the Buhari government to fully recover any proceeds of crime, and to respect, protect, and fulfil the human rights of the people of Niger Delta that have continued to suffer the effects of oil theft by non-state actors.”

In the suit, the Plaintiffs are arguing that, “The Buhari government is failing to uphold its international legal obligations to ensure that the country’s oil wealth is used solely for the benefit of Nigerians, and that the wealth does not end up in private pockets.”

The Plaintiffs are also arguing that, “Poor and socio-economically vulnerable Nigerians have continued to pay the price for the stealing of the country’s oil wealth apparently by both state and non-state actors.”

According to the Plaintiffs, “Despite the country’s substantial oil wealth, successive governments have largely squandered the opportunity to use the wealth to improve the lives and well-being of ordinary Nigerians.”

The Plaintiffs are also arguing that, “the illegal pipelines have been operated for many years without notice, implying a flagrant violation of international human rights obligations to ensure the proper, effective and efficient management of the country’s wealth and natural resources.”

In the suit filed on their behalf by their lawyer Kolawole Oluwadare, the Plaintiffs contend that, “The plundering of the country’s oil wealth has resulted in the downward trend in revenue and increasing level of borrowing, with reports of a projected N11.30 trillion deficit budget for 2023.”

The suit, read in part: “The unaddressed plundering of the country’s oil wealth has for many years contributed to shrinking revenue, chronic underfunding of public goods and services such as education, health, and safe drinking water, recurring budget deficits, growing level of borrowing, and unsustainable debt profile.”

“There are violations of the economic and social rights of the people of the Niger Delta including the rights to an adequate standard of living, and to economic and social development – as a consequence of the plundering of the country’s resources through the operations of illegal pipelines by non-state actors.”

“The Buhari government has failed to exercise due diligence to prevent and combat oil theft; to investigate and prosecute suspected perpetrators, and recover proceeds of crimes; and to respect, protect, promote and fulfil people’s rights.”

“The Plaintiffs contend that the resulting loss from the plundering of the country’s wealth and natural resources by non-state actors and state actors through the operations of illegal pipelines is a contributory cause of poverty and underdevelopment in the Niger Delta.”

“The Plaintiffs further contend that the majority of the people of Niger Delta and Nigeria as a whole continue to be denied access to basic necessities of life such as clean water, quality education, healthcare, food, a clean and healthy environment, and economic development.”

“This illegal oil connection has been operating for nine (9) years with about 600,000 barrels per day of oil lost in the same period.”

“According to a Nigeria Extractive Industries Transparency Initiative (NEITI) audit report, 160 million barrels of crude oil valued at $13.7 billion were stolen between 2009 and 2012.”

“The Plaintiffs contend that the destruction of vessels used for crude oil theft by security agencies under the command of the Defendant was illegal and was done to conceal the identity of the perpetrators.”

“It is further contended that the forfeiture of any vessel used for illegal activity can only be lawfully carried out pursuant to the order of a Court of competent jurisdiction.”

The Plaintiffs are therefore asking the ECOWAS Court for the following reliefs:

1. A DECLARATION that everyone in the Niger Delta is entitled to the internationally recognized human right to an adequate standard of living, to life and human dignity, to a clean and healthy environment; to wealth and natural resources, to human dignity, and to economic and social development.
2. A DECLARATION that the failure and/or negligence of the Defendant to prevent and combat oil theft through the operations of illegal pipelines by non-state actors, and to investigate, arrest, name and prosecute the perpetrators of this oil theft and operation of illegal refineries, and recover the proceeds of crime, is unlawful, as it violates Nigeria’s international human rights and anti-corruption obligations and commitments.
3. A DECLARATION that the failure and/or negligence of the Defendant to investigate the reports of operations of illegal pipelines and to recover the proceeds of crime is unlawful, as it amounts to depriving the Nigerian people of their right to the enjoyment of their wealth.
4. A DECLARATION that the failure of the Defendant to provide access to justice and effective remedies including reparation for the victims, is unlawful as it amounts to breaches of obligations to ensure the human rights guaranteed under the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights.
5. AN ORDER directing the Defendant and/or its agents individually and/or collectively to respect, protect, promote, and fulfil the human rights of the people of Niger Delta that have continued to suffer the effects of oil theft and plundering by non-state actors.
6. AN ORDER directing the Defendant to pay adequate monetary compensation of $500 million US Dollars ($500,000,000.00) to the victims of these crimes and human rights violations within the Niger Delta Region, and any other forms of reparation that the Honorable Court may deem fit to grant.
7. SUCH FURTHER orders the Honorable Court may deem fit to make in the circumstances of this suit.

No date has been fixed for the hearing of the suit.

Kolawole Oluwadare
SERAP Deputy Director
27/11/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202

Delta monarch, Okpe Union officials fight dirty
25th November, 2022.

*From the National Secretariat of the Okpe Union.*

*UPDATES ON THE LAW SUIT AND MOTIONS IN COURT FOR THE AUTONOMY OF THE OKPE UNION.*

The President General of the Okpe Union, Prof. Igho Natufe has directed that the National Secretariat of the Okpe Union issues the following updates to the various branches and members of the Union concerning the law suit and motions in courts aimed at protecting the autonomy of the Okpe Union.

1. The substantive suit instituted on behalf of the elected National Executive Council of the Okpe Union in April, 2022 at the Federal High Court, Lagos has its judgment fixed for the 9th of December, 2022. In the same vein, hearing of the motion at the Federal High Court, Abuja, for the vacation of the Order of that Court which empowered the appointment of trustees for the Okpe Union by the Imposed Interim Committee is fixed by the Court for the 28th of November, 2022.

2. The summary of what is before the courts in the above two cases is whether a Traditional Ruler in Nigeria can dissolve the elected executive leadership of a registered organisation under the Corporate Affairs Commission and impose another leadership against the provisions of the constitution of the organisation and its history of democratic transfer of leadership.

3. It is our hope that if the above two legal actions are positive, the position that the Okpe Union is an autonomous organisation as envisioned by its founding fathers for the protection of the interests of the average Okpe man and woman shall be maintained. Every step that has been taken previously to undermine the autonomy of the Okpe Union including the recent plans to illegally arrange a kangaroo election to counter the elected National Executive Council would be known to the Okpe Nation and the whole world as a nullity.

4. The National Executive Council led by Prof Igho Natufe which delegates of the various branches of the Okpe Union freely elected on the 15th of May 2021 remains poised to implement its electoral promises of making the Okpe Union vibrant and proactive again.

*Signed:*

*Akpederin Kingsley Ehensiri Esq.,* General Secretary

Okowa mourns former Delta lawmaker, Michael Ogwilaya

Governor Ifeanyi Okowa of Delta and Vice-Presidential Candidate of the Peoples Democratic Party (PDP), has commiserated with the Ogwilaya family and people of Emevor over the passing of one of the pioneer members of Delta House of Assembly, Hon. Michael Ogwilaya.

The late Ogwilaya, who represented the defunct Isoko North Constituency II between 1992 and 1993, died at 70 after a brief illness. Until his passing, he was a chieftain of Peoples Democratic Party (PDP) in Delta.

In a condolence message by his Chief Press Secretary, Mr Olisa Ifeajika, in Asaba, Okowa expressed sadness at the passing of Ogwilaya, and said that the incident was a big loss to the deceased’s family, the PDP and Emevor community.

According to him, the passing of the PDP chieftain is a big blow to our party, his family, Emevor community and Isoko North, especially at this period, and considering his immense contributions to the party’s fortunes in the state.

The governor remarked that the late “gentleman-politician”, contributed to the growth and development of his community and local government area, and that he would be greatly missed by his political associates and others close to him.

He said: “On behalf of the government and people of Delta, I mourn the passing of an astute politician and a gentleman of amiable personality.

“Michael Omokaro Ogwilaya was a renowned party leader, a man of peace who was passionate about the development of his people of Emevor and Isoko North.

“The news of his death was shocking and a great loss because he was a valued asset to PDP and had distinguished himself in the service of the party and his people.

“His huge contributions to our party’s victories in several elections in Emevor and Isoko North remain laudable”.

Okowa prayed to God to accept the deceased’s soul and grant fortitude to the family and friends to bear his demise.

Atiku’ll tackle insecurity with job creation – Aniagwu

Peoples Democratic Party PDP Presidential Campaign Spokesman, Mr Charles Aniagwu says the party’s Presidential candidate, Atiku Abubakar would in addition to other measures create jobs to solve the perennial insecurity and poverty bedevilling Nigeria.

Aniagwu who spoke on Arise Television on Saturday said until jobs were created in the country, insecurity would continue to fester.

He stressed that without jobs it would be impossible to solve the hydra-headed insecurity with its attendant effect on the nation’s socio-economic landscape.

“Earlier today in Lagos, our Presidential candidate Atiku Abubakar and his running mate, Dr Ifeanyi Okowa had a successful dialogue with Corporate Nigeria with the great investors like Africa’s greatest industrialist Aliko Dangote, Tony Elumelu, Jim Ovia, Aigboje Aig-Imoukhuede, Herbert Wigwe and many others in attendance.

“The discussion centered mainly on the economic issues like job creation and how to ensure that a number of comatose industries are brought back to life and to recover our country from where we are now.

“Atiku believes that not until we are able to bring back the jobs the issue of insecurity will remain a challenge.

“He was also able to deal with a number of interwoven factors of how to address the security challenge with a view to ensuring that the economy becomes more robust.

“All of these issues he wants to address to be able to recover our country are well encapsulated in five thematic areas in his policy document ‘My Covenant With Nigerians’.

“Beyond that, we have made it clear that Atiku will continue to engage with different segments and sectors of our society and today’s engagement is one of such arrangements believing that this document cannot be exhaustive,” Aniagwu said.

He said Atiku would run an administration that would support a free-market economy which will involve the stakeholders in the private sector, adding that the PDP led government would tackle the causative factors making Nigerians to navigate towards the dollar.

“He will ensure that Nigeria’s education is sector is developed such that Nigerians would no longer find it attractive to source for dollar to pay school fees abroad.

“Atiku will also improve on the health sector such that funds spent on medical tourism would be a thing of the past.

“Once the causative factors are addressed, the dollar will automatically take the back seat because the naira can only be stable by stimulating productivity among the different sectors of the economy.

“The discussions today also centred on what he is going to do to bring back the jobs, to recover the economy and to ensure that we begin to have value for our naira, productivity and many other things that could help revive the industries,” Aniagwu stated.

God behind our successes in Delta – Okowa

Delta Governor and Vice-Presidential Candidate of Peoples Democratic Party (PDP), Senator (Dr) Ifeanyi Okowa, has attributed successes recorded by his administration, including prevailing peace in the state, to the praying culture introduced by his regime.

He stated this in his remarks at the National Hymn Festival 2022 at the University of Lagos, on Saturday.

Okowa disclosed that prayers had helped tremendously in stabilizing the state and made the sustenance of peace in the state possible.

He said that aside the daily supplications to God at the Government House Chapel and other religious activities in the state, his administration ensured that May 29 (Democracy Day) every year was dedicated to prayers and Thanksgiving to God, since 2015.

The governor expressed the hope that his successor would sustain the culture to ensure that peace and prosperity reigned in the state.

He commended authorities of University of Lagos for collaborating with the organisers of the festival and sued for its sustenance.

He urged the people to pray for Nigeria and its people for unity and peace, especially as the country prepared for 2023 general elections.

Highpoint of the event was an Award to the governor by the organisers for his contributions to the growth of the Church in Nigeria and for his outstanding performance in Delta.

Other awardees were the Vice-Chancellor of University of Lagos, Prof. Folasade Ogunsola and her predecessor, Prof. Oluwatoyin Ogundipe.

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