The people of oil-producing Itsekiri communities of Ode-Itsekiri, and Deghele in Warri South, and Warri South West Local Government Areas of Delta State, have protested the court ruling, halting the payment of compensation by Chevron Nigeria Limited.
The Federal High Court sitting in Warri, reportedly ordered Chevron to discontinue the payment of compensation to the communities.
A former militant group in Itsekiri land, under the auspices of the Itsekiri Defence Council, led by General Iwedundun Akpakpa, has threatened a bloodbath in the aftermath of the court judgment.
“This will be another round of the Okuama crisis in Warri South West. It will happen, since the ljaws, led by Mr. Mathew Tonlagha, have drawn the battle line,” General Akpakpa said in a statement made available to newsmen.
He threatened a crisis in the area, which he said would affect the state, and federal governments.
It was gathered that the judgment followed a suit, filed by indigenes of the Benikrukru community in the Gbaramatu Kingdom of Warri South West against Chevron, Ode-Itsekiri, and other defendants in the case marked FHC/WR/CS/49/2024.
The judgment was delivered by Justice H. A. Nganjiwa of the Federal High Court on January 31, 2025.
The plaintiffs in the case, Pa Kwekwewei Onimiyenmene, Pastor Paul Willie, Elder David Kiriodougha, Capt. John Abase, Elder Dogood Ogoloru, and Madam Goldcoast Jimmy, acting on behalf of the Benikrukru community, had sought a court declaration that the consent judgment, first entered on March 12, 1982, in several suits involving Gulf Oil Company (now Chevron) had expired.
Listed in the suit were Chevron Nigeria Limited, David Mode Akoma, Doris Odemi, Pa Samson Amaola, Steve Edema, and Henry Temisan, as first to sixth defendants, respectively.
The defendants were sued for themselves and as representatives of the Ode-Itsekri/Deghele communities of Delta State.
Also listed as respondents were Dr. Peter Etchie, Friday Etuwewe, Esimaje Henry, Lugard Etchie, Isaac Etchie, and Sunny Etchie, as the seventh to 12th defendants, respectively.
They are sued for themselves, and as representatives of the Omateye family of the Bateren community of Delta State.
The plaintiffs sought, among other things, a declaration that the 1982 consent judgment, which they claimed had expired, and was no longer enforceable, should continue to govern compensation payments for the use of lands belonging to the Benikrukru community in the Gbaramatu Kingdom.
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They argued that the judgment terms had been fulfilled, and that the legal basis for continued compensation payments had lapsed.
They prayed the court to declare that the consent judgment stemming from several earlier suits (W/146/1972, W/89/1973, and W/130/1972), had become inoperative, due to the completion of its intended purpose.
The plaintiffs also sought an order for Chevron to cease the assessment, and payment of compensation based on the expired judgment.
After hearing extensive arguments from both sides, including submissions from plaintiffs’ counsel, Larry Malemi, and K.K. Iheme (representing the second to sixth defendants), as well as A.E. Oghounu (counsel for Chevron), Justice Nganjiwa ruled in favour of the plaintiffs, declaring that the consent judgment had indeed, lapsed and become inoperative.
Justice Nganjiwa further granted the plaintiffs’ request for a perpetual injunction, restraining Chevron from continuing to assess, determine, or pay compensation to the community based on the expired 1982 consent judgment.
The court noted that “the purpose of the judgment had been fulfilled, and that Chevron’s continued actions concerning the judgment were no longer legally justified.”
