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OML 11: Group Hails Appeal Court For Reversing FHC’s Judgement in Favour of SPDC

A group under the aegis of Conscience of Ogoni People(COOP), has commended the resourcefulness and forthrightness the Nigerian Judiciary.

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August 20, 2021
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A group under the aegis of Conscience of Ogoni People(COOP), has commended the resourcefulness and forthrightness of the Nigerian Judiciary.

In a statement while reacting to the judgement of the Court of Appeal that set aside the earlier judgement of the Federal High Court given in favour of the Shell Petroleum Development Company(SPDC) in 2019, the group said by reversing the lower court, despite the subterranean move by SPDC to re-enter Ogoni land, the appeal court has demonstrated it is indeed the last hope of the common man.

The statement signed by the leader, Chief Gani Topba, also commended the Federal Government for listening to the plea of the people and taking the decision not to renew OML 11 for the SPDC.

The statement reads; “It is with joy and jubilation that we received the news of the judgment of the Court of Appeal, Abuja Division in Appeal No: CA/A/824/2019 – THE MINISTER OF PETROLEUM RESOURCES & ANOR v. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED delivered today, Friday 20 August 2021 which set aside the earlier judgment of the Federal High Court given in favour of the Shell Petroleum Development Company of Nigeria Limited (SPDC) sometime in 2019 and sacked the SPDC from Ogoniland. Recall that we had in 2019 informed you of the subterranean move by the SPDC to re-enter Ogoniland through the back door via Suit No: CS/524/19 filed at the Federal High Court, Abuja Division in which the court ordered the Federal Government of Nigeria to renew SPDC’s lease in OML 11 for another 20 years”.

“Upon receipt of the judgment of the Federal High Court, the leadership of the COOP engaged the Federal Government of Nigeria and impressed on the Government the need to appeal the said judgment in the interest of Ogoni people and Nigerians at large. The Government appealed the said judgment of the Federal High Court in the same 2019. This appeal was decided today by a three-man Panel of the Court of Appeal. The Court of Appeal in reversing the lower court on the issue of renewal held that the Minister of Petroleum Resources has discretion under the Petroleum Act to renew or decline to accede to the application for grant of a renewal of an oil mining lease by an applicant. The Court of Appeal further held that the decision of the Minister of Petroleum Resources not to renew OML 11 for the SPDC was in order, valid and cannot be questioned”.

“This judgment, therefore, effectively brings to an end the stranglehold of the SPDC over OML 11 (Ogoni Fields) which has lasted for over six decades, beginning from 1958, and which brought to the Ogoni people nothing but military oppression, genocide, economic strangulation, misery, acute poverty, environmental degradation and gross human rights violations that culminated in the execution of the Ogoni heroes, Ken Saro Wiwa and his fellow martyrs-in-struggle”.

” As we join millions of people of conscience across the world to bid the SPDC farewell from Ogoniland today upon the dissolution of the slavish and colonial ties that held us together for these over six decades, we salute the courage and decisiveness of the President of the Federal Republic of Nigeria, President Muhammadu Buhari, GCFR, who doubles as the substantive Minister of Petroleum Resources, the Minister of State for Petroleum Resources, His Excellency, Timipre Sylva, the Group Managing Director of the Nigerian National Petroleum Corporation, Mr. Mele Kyari, the security agencies and all stakeholders who listened to the plea of the people and took the decision not to renew OML 11 for the SPDC. We thank them all for the victory recorded today through our collective efforts. We also commend the resourcefulness and forthrightness of the Nigerian judiciary which by today’s judgment has reinforced our belief that the judiciary is indeed the last home of the common man”.

” We are excited because today the exit of the SPDC from Ogoniland which was foretold by our hero, Ken Saro Wiwa, has been actualized in our lifetime and through the collective sacrifice of Ogoni people. As at today, all rights and interests in and over OML 11 (Ogoni Fields) have reverted to the Federal Government of Nigeria”.

“We have already set our agenda for a robust engagement with the Federal Government of Nigeria on the possibility of returning to the negotiation table with a view to resolving the legacy issues that occasioned the Ogoni agitation. We trust the Federal Government of Nigeria under President Muhammadu Buhari to immediately open lines of communication with Ogoni leaders of thought with a view to commencing preliminary talks. We are very optimistic that the exit of the SPDC will open new vistas towards unleashing the full oil and gas potentials of the Ogoni Fields and its development in a transparent and environmentally sound manner for the benefit of all stakeholders”.

“On behalf of the Ogoni people, we wish to state that never again shall we allow any lessee or operator of OML 11 (Ogoni Fields) to impoverish our people, destroy our livelihoods and economy and render our environment an ecological wasteland by adopting bad oilfield practice in the development of the Ogoni oil block. We make bold to assure that Ogoni people will continue to peacefully and non-violently resist every repeat of the SPDC treatment. We appeal to Ogoni people to give the Federal Government of Nigeria the necessary support and opportunity to right the wrongs of the past through transparent dialogue, collaboration and inclusion in the development of OML 11 (Ogoni Fields)”.

“We call on Ogoni people to be resolute and steadfast as we shall collectively mobilize our people to non-violently and peacefully fight for our rights as indigenous people recognised under international law and we shall win”.

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