The Supreme Court has dismissed an application by Shell Petroleum Development Company, asking it to review its judgment of Jan. 11, 2019 that ordered Shell to pay N17 billion to Ogoni communities in Rivers.
The communities were affected by an oil spill caused by the oil company in 1970.
A five-member panel of justices dismissed the application on the grounds that it had no merit since the court had taken a decision on the appeal and the court could not reverse itself.
The judgment prepared by Justice Centus Nweze and read by Justice Chukwudumebi Oseji on Friday in Abuja, held that the the application had no merit.
The Supreme Court had issued the N17 billion order in favour of Ejama-Ebubu in Tai Eleme Local Government Area of Rivers.
Counsel to the communities, Mr Lucius Nwosu told newsmen that the judgment sum, with interest accrued over the past 31 years was about N182 billion.
Nwosu had in September, at the hearing of the application, prayed the apex court to not only dismiss the application, but to also punish all the senior lawyers in Shell’s legal team for the filing the judgment review application.
Nwosu said that the application was an attempt to ridicule the integrity and finality of the decisions of the apex court.
He further argued that the fresh appeal by Shell, which was filed seven months after the initial appeal was dismissed, was a calculated attempt to move the Supreme Court to sit on appeal over its final judgement.
Nwosu also told the apex court that the same Shell that was reluctant to pay damages to Nigerian victims of its oil spillage had in similar situations paid over 206 million dollars to victims in Mexico.
He said the previous litigation lasted over 30 years before the N17billion damages was awarded against Shell by the Court of Appeal.
One of the parties in the suit, a community leader, King George Osaro told newsmen that people of his community were overwhelmed with joy that the matter would finally be put to rest.
“We are really overwhelmed by the decision of the Supreme Court today because this will bring this whole Shell drama to an end.
“We feel vindicated from all the suffering the company has put us through. We advice Shell to retrace it’s steps and do what is right.
However, Mr Bamidele Odugbesan, the Media Relations Manager of Shell in his response made available to TBI Africa said that “This spill was caused by third parties during the Nigerian Civil War, a challenging period which resulted in significant damage to oil and gas infrastructure in the region.
While SPDC does not accept responsibility for these spills, the affected sites in the Ebubu community were fully remediated.
“The claimants have – at their own admission in court – materially miscalculated and overstated the value of the award previously sought in this case. The ruling of the Supreme Court did not decide liability or the size of the award, which remain in dispute in other ongoing court proceedings. It is our position that any attempt to enforce payment should not be permitted. It is regrettable that the legal process in this case has focused for so long on procedural issues and not the merits of the case. We have always maintained that we are ready to defend this case based on the available facts.
FG may reverse pump price to N160 per litre, negotiations continue Dec 7
The pressure by organised Labour on the Federal Government to reverse the pump price of Premium Motor Spirit (PMS) back to N160 per litre seems to be yielding fruits.
At the end of the resumed negotiations between government and the labour movement yesterday night, the Federal Government indicated willingness to consult widely with the view to reviewing the price downward, saying it might unveil the new price at the resumed meeting slated for December 7.
The Federal Government said the period between now and then would allow it embark on a wide range consultation over Labour’s request.
Labour is insisting that the pump price must be reviewed downward to N160 before negotiations can proceed on the hike in electricity tariffs and deregulation of the downstream sector of the petroleum industry.
Minister for Labour and Employment, Dr. Chris Ngige, who disclosed this at the end of the latest meeting between the Federal Government and organised Labour on the recent increases in the pump price of petrol and electricity tariff, added that the meeting agreed to let the government side consult with their principal and every relevant authority on the request of the Labour
He stated: “The message from the organised Labour is clear; they want a reversal of the pump price of PMS. The parties have agreed to let the government side consult their principal on that. We will consult the President, minister of Petroleum and the Economic Management Team.”
The minister noted that though it was no longer the responsibility of government to fix the pump price of PMS as it had been deregulated, the matter still fell within the realm of the economy.
On the issue of the electricity tariff, Ngige said the committee working on it, headed by the Minister of State for Labour, Festus Keyamo, already had an interim report and would use the opportunity created by the adjournment of the meeting to undertake field visits to the different Distribution Companies (DisCos) in Nigeria and come back with a more comprehensive report.
Earlier at the start of the meeting, Ngige had stated that nobody was immune from the effect of the increase of both the pump price of PMS and electricity tariff, but stated that conversations on the issues should be handled with caution in order not to grind the economy to a halt.
Also speaking, Secretary to the Government of the Federation (SGF), Boss Mustapha, assured the organised Labour that every decision of government would always be based on the welfare and wellbeing of the people of Nigeria.
“I believe that working together with you, crafting agreements and negotiating terms, would all be done with an overarching interest of the people of Nigeria as the centre- piece.”
President of Trade Union Congress (TUC), Quadri Olaleye, on behalf of the Labour, asked for sincerity of purpose and open-mindedness from the government side.
He added: “We want to reach an agreement that would move the country forward and especially satisfy the expectations of Nigerian workers.
