Ijaw Community Wins Land Use Compensation Case In Delta

The Federal High Court in Warri, Delta State, has ruled in favour of the Benikrukru community in a case against Chevron Nigeria Limited and other defendants from the Itsekiri ethnic group.

At the heart of the dispute was whether the 1982 Consent Judgment, which facilitated compensation payments to the affected communities, was still valid or had expired due to the fulfilment of its original terms.

In suit number FHC/WR/CS/49/2024, filed by representatives of the Benikrukru community in Warri South-West Local Government Area, the plaintiffs sought a declaration that a Consent Judgment delivered on March 12, 1982, which governed compensation payments for land use, had expired.

According to the Certified True Copy obtained by LEADERSHIP, they also requested an injunction restraining the oil company from continuing to assess, determine, or pay compensation based on the expired judgment.

The plaintiffs—Pa Kwekwewei Onimiyenmene, Pastor Paul Willie, Elder David Kiriodougha, Captain John Abase, Elder Dogood Ogoloru, and Madam Goldcoast Jimmy—filed the case on behalf of the Benikrukru community in Gbaramatu Kingdom, Delta State.

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Chevron Nigeria Limited was listed as the 1st defendant. In contrast, other defendants, including David Mode Akoma, Doris Odemi, Pa Samson Amaola, Steve Edema, and Henry Temisan, represented the Ode-Itsekri/Deghele communities.

Dr. Peter Etchie, Friday Etuwewe, Esimaje Henry, and others representing the Omateye family of the Bateren community also joined the suit.

The plaintiffs argued that the 1982 Consent Judgment had expired, as it was designed to compensate affected communities for specific damages and land occupation.

They maintained that Chevron could no longer justify continued compensation payments under the expired agreement.

They also sought a declaration that any future payments must be based on relevant laws, such as sections 95-99 of the Minerals and Mining Act (Cap. M12, LFN 2004), sections 11(5) and 20(2) of the Oil Pipelines Act (Cap. 07, LFN 2004), and sections 234-257 of the Petroleum Industry Act, 2021.

In response, counsel to Chevron, A.E. Oghounu Esq., and lawyers for the other defendants, K.K. Iheme Esq. and others, urged the court to dismiss the suit, arguing that the existing compensation structure was still valid.

Hon. Justice H.A. Nganjiwa delivered his judgment and declared that the 1982 Consent Judgment had expired and was no longer legally enforceable.

“The Consent Judgment of March 12, 1982, has lapsed and is no longer operative,” Justice Nganjiwa ruled.

Furthermore, the court granted a perpetual injunction restraining Chevron from making any further compensation payments under the defunct agreement.

“This ruling reaffirms the principle that agreements have lifespans, and once their purpose has been fulfilled, they cannot be perpetuated indefinitely,” said Larry Malemi Esq., counsel for the plaintiffs.