The Supreme Court has affirmed Rivers state government acquisition of 45 percent equity stake of Shell Petroleum Development Company in Oil Mining Lease (OML) 11 and Kidney Island in Port Harcourt.

Rivers State government acquisition of OML 11 and Kidney Island was affirmed by the apex court on Friday, when it dismissed the multinational oil firm’s suit which sought the setting aside of the N17 billion judgment made against it in 2019.

It will be recalled that the Supreme Court had in January 2019, upheld the judgment of the Court of Appeal, which awarded N17 billion damages against Shell 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, 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 are to bear the cost of their litigation.

Rivers State Governor, Nyesom Ezenwo Wike, had in September last year announced the acquisition of Shell’s 45% 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 USD 150,000,0900.00 supported by a Bank Guarantee and cash payment to the Deputy Sheriff in the sum of N1 billion, the later payable to the Judgement Creditors while the former is escrowed.

The Ejama community had filed a suit against Shell over un-remedied pollution that took place since 1970 as admitted by SPDC vide letters they wrote seeking to clean the spill in 2006 while the case was at the trial Court.

The suit between Shell and Ejama-Ebubu community was finally disposed in 2017. But, Shell 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 Nigerian 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 fails 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 moveables in their Industrial Area in Port Harcourt.

Shell, had invited the community and offered them N7 billion as against the judgment debt of N194 billion, 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.

Governor Wike, had said that rather than standby and watch other persons or group purchase Shell’s 45% 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.

KELVIN EBIRI
Special Assistant (Media) to the Governor
November 27, 2020

wow what a great judgement, things are going on fine in rivers state during wike government.

thief wike

Nigerian leaders is shell company and vice versa

Sadly, all this natural blessings is yet to improve the lives of the common man.

Johnnyessence:
wow what a great judgement, things are going on fine in rivers state during wike government.

They will lose spdc and other oil companies in rivers. It's not as straight forward as u think. Nigerians are simpletons. It's not as if the state govt will translate this wealth for the benefit of the common man. Wike will pocket the proceeds and the ignorant people will continue blaming abuja.

blackpanda:



They will lose spec and other oil companies in rivers. It's not as straight forward as u think. Nigerians are simpletons. It's not as if the state govt will translate this wealth for the benefit of the common man. Wike will pocket the proceeds and the ignorant people will continue blaming abuja.

Toor.

blackpanda:



They will lose spdc and other oil companies in rivers. It's not as straight forward as u think. Nigerians are simpletons. It's not as if the state govt will translate this wealth for the benefit of the common man. Wike will pocket the proceeds and the ignorant people will continue blaming abuja.

It's better they loose the greedy shell,good for nothing company. All they know is how to spill oil on people's land endlessly. Mehn i like the game they played here, omo they sell shell property asap.

Wike is the best .


The only Governor that has the interests of his people and state.

blackpanda:



They will lose spdc and other oil companies in rivers. It's not as straight forward as u think. Nigerians are simpletons. It's not as if the state govt will translate this wealth for the benefit of the common man. Wike will pocket the proceeds and the ignorant people will continue blaming abuja.

Shell is free to relocate to Osun.

We don't need them.


Afonja

FSBoperator:




Shell is free to relocate to Osun.

We don't need them.


Afonja

Are u ok Smh

lastempero:


It's better they loose the greedy shell,good for nothing company. All they know is how to spill oil on people's land endlessly. Mehn i like the game they played here, omo they sell shell property asap.

Shell is owned by Rothschild family.


We don't need those Jew rats making money of and desecrating on our land.


Igbo bastards were the one that caused this wayback in the 60's when they presold Niger Delta oil to Shell.

blackpanda:


Are u ok Smh

Look at the rubbish you wrote in support of the greedy bastard shell.

FSBoperator:



Shell is owned by Rothschild family.


We don't need those Jew rats making money of and desecrating on our land.


Igbo bastards were the one that caused this wayback in the 60's when they presold Niger Delta oil to Shell.

Please lecture me on how the igbos sold niger delta oil

blackpanda:



They will lose spdc and other oil companies in rivers. It's not as straight forward as u think. Nigerians are simpletons. It's not as if the state govt will translate this wealth for the benefit of the common man. Wike will pocket the proceeds and the ignorant people will continue blaming abuja.

I thought shell will directly pay this affected communities

FSBoperator:



Look at the rubbish you wrote in support of the greedy bastard shell.

Your problem is that u are always emotional about everything. You need to grow up and stop being manipulated. Things aren't always black and white.

BabaOwen:
I thought shell will directly pay this affected communities

Nope.

Wike has bought all their entitlements. In fees years time the same people will be in tears

The traditional rulers of those communities and their cabinet council members will be on feasibility studies on the kind of new house they want to build, even new wives they will marry with the money.
Once they are done selling the shell properties to the state government, the next is to share the money among themselves, then look for something to do as cover up to where the money went into.
They just lost the company to few wealthy and connected ones among them.

lastempero:


Please lecture me on how the igbos sold niger delta oil

Don't mind them they like scapegoating igbos instead of challenging their real fulani enemies that have been freely enjoying their oil for decades. Their weak leaders don't have the guts to face the fulanis they only become strong when they see their marginalized brothers from the SE.