Court Affirms $3.6b Penalty Imposed On Shell By FG Over Bonga Oil Spill

Court Affirms $3.6b Penalty Imposed On Shell By FG Over Bonga Oil Spill

Justice Mojisola Olatoregun of the Federal High Court in Lagos has dismissed a suit filed by Shell Nigeria Exploration and Production Company Ltd challenging the fine of $3.6billion imposed on it over Bonga Oil Spill of December 20, 2011 by the Federal Government through the National Oil Spill Detection and Response Agency (NOSDRA).

Justice Olatoregun, who affirming the power of NOSDRA to imposed the penalty on the oil company, held that Sections 5, 6 and 7 of the agency's Act do not violate the Constitution.

Shell had dragged NOSDRA before the court asking it to declare the action of the agency illegal.

The oil company had also urged the court to declare that NOSDRA cannot, in the light of Section 1, 3, 4, 5 and 6 of the 1999 Constitution, validly exercise any powers under Section 5, 6, 7 and 19 of the NOSDRA Act.

Shell said the sections’ provisions encroach on judicial powers vested exclusively in the courts.

The oil giant argued that it is the Federal High Court that is vested with the jurisdiction to determine liability and to assess, impose and direct the payment of any sum as penalty, damages or compensation in connection with an incidence of oil spillage, particularly the Bonga Oil Spill of December 20, 2011.

Shell urged the court to declare that the decision leading to the imposition of $3,600,191,206.00 on by NOSDRA was in breach of its right as enshrined in Section 36, 43 and 44 of the 1999 Constitution.

It also urged the court to nullify NOSDRA’s powers to impose such levies over oil spills.

However, NOSDRA, through its counsel D. A. Awosika, contended that the cause of action arose on March 25, 2015 when it served Shell with notice of sanction over the Bonga Oil Spill.

Awosika contended that Shell was enjoined to exercise its right of litigation if it felt aggrieved by the letters within three months from March 25, 2015 and not beyond.

“The plaintiff waited for more than 13 months to institute this action against the defendant,” NOSDRA said, adding that Shell’s action was caught by the statute of limitation," he said.

Besides, NOSDRA said it did not act outside its powers in imposing the fine on Shell.

Justice Olatoregun, in her judgment, held that NOSDRA acted in line with its powers and did not violate Shell’s rights in any manner.

“I found no conflict with the duties conferred on NOSDRA by law and the power of the court to adjudicate in this matter…I find no violation of the 1999 Constitution within these sections,” the judge held.

Justice Olatoregun further held that NOSDRA’s demand letters to Shell were not in conflict with Section 44 of the 1999 Constitution.

The judge said: “The plaintiff had notice and opportunity to fair hearing. The plaintiff ought to have had recourse to the court for the determination of its civil rights and a proper adjudication on the issues if it felt its rights were infringed or about to be infringed.

“I do not find the two letters ultra vires the duties and functions of the defendant.

“I have no reason to set both letters aside as well as the sums ordered, as parties did not make evaluation of the assessed damage an issue for consideration in the questions raised for determination. No evidence upon which an evaluation could be made was also proffered.

“In the final analysis, all the questions raised by the plaintiff are resolved in favour of the defendant. The only thing left to do is make an order dismissing the suit. Same is dismissed.”

Buhari okays appointment of 12 A-Court Justices, 16 new Judges

Buhari okays appointment of 12 A-Court Justices, 16 new Judges

President Muhammadu Buhari, on Wednesday, approved the appointment of new 12 Justices for the Court of Appeal, 9 for the Federal High Court and 7 for the Federal Capital Territory High Court.

Appointment of the 28 judicial officers followed their recommendation by the National Judicial Council, NJC.

According to a statement that was signed by the Director of Information at the NJC, Mr. Soji Oye, the 12 new Justices of the appellate court are Justice P. A. Mahmud, Justice F. O. Ojo, Justice I. A. Andenyangsto, Justice G. O. Kolawole, Justice B. B. Aliyu, Justice Ebiowei Tobi, Justice J. G. Abundaga, Justice A. S. Umar, Justice A. M. Talba, Justice A. M. Bayero, Justice A. M. Lamido and Justice M. B. Idris.

Those elevated to the Federal High Court bench are; Sunday Bassey Onu, Mrs. Adefunmilola Adekemi Demi-Ajayi, Peter O. Lifu, Obiora Atuegwu Egwuata, Sa’adatu Ibrahim Mark (Mrs), Mobolaji Olubukola Olajuwon, Aminu Bappa Aliyu, Tijjani Garba Ringim and Nkeonye Evelyn Maha.

While Binta Mohammed, Modupe Osho-Adebiyi, Gaba Venchak Simon, Babangida Hassan, Akobi Iyabeni Anna, Samirah Umar Bature and Asmau Akanbi Yusuf were appointed Judges of the FCT High Court.

The statement disclosed that whereas the new Justices of the Court of Appeal will be sworn-in by the Chief Justice of Nigeria, CJN, Justice W. S. N. Onnoghen, on Friday.

Those appointed for the Federal High Court will be sworn-in on June 25, while swearing-in of the new Judges of the FCT High Court will take place at the Supreme Court on June 26.

Legal validity of posthumous awards and June 12 Holiday

Legal validity of posthumous awards and June 12 Holiday

Femi Falana, SAN 

The Honourable Justice Alfa Belgore, a retired Chief Justice of Nigeria was reported to have questioned the legality of the decision of President Buhari to confer posthumous awards on Chief M. K. O. Abiola and Chief Gani Fawehinmi SAN. Curiously, his lordship did not refer to any section of the National Honours Act or any other law that has been violated by the President. In like manner, some persons have alleged that the June 12 holiday declared by the President is illegal on the grounds that the approval of the National Assembly was not sought and obtained.  

With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive. No doubt, paragraph 2 of the Honours Warrant made pursuant to the National Honours Act provides that "a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose..." But paragraph 3 thereof has given the President the unqualified discretion "to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction." Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person the President may permit their family members to receive same on their behalf.

Furthermore, section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof. It is crystal clear that the President is not required by law to seek and obtain the approval of the National Assembly before declaring a public holiday in the country. 

In view of the combined effect of the National Honours Act and the Public Holidays Act the legal validity of the well deserved awards and the historic holiday has not been impugned in any manner whatsoever. 

Democracy Day: MKO Abiola’s Daughter, Hafsat, Sings Buhari’s Praises in Epic Poem …Condemns Obasanjo

Democracy Day: MKO Abiola’s Daughter, Hafsat, Sings Buhari’s Praises in Epic Poem …Condemns Obasanjo

By Hafsat Abiola-Costello/

Twenty five years after June 12: Our Long Wait for Justice is Ending
I had expected that the handover from military rule to democracy would be held on the 12th of June.

That would have signalled the completion of a circle that began with a dream deferred.

That became one fulfilled.

But I waited in vain.

The handover was set for May 29, a date pulled out of thin air, signifying nothing.

Then I thought that the chief beneficiary would ask the country to observe a minute of silence,
In memory of MKO, Kudirat, Alfred Rewane, Umaru Yar’Adua, Bagauda Kaltho, the thousands of students, the tens of journalists, traders and politicians who lost their lives fighting to actualise an unjustly annulled election.

Again, I waited in vain for he started his inauguration speech…
And nothing was said.

The first four years passed and it became clear that the goal was to erase the name of the man whose sacrifice paved the way for our democracy.

Those four years set the tone.
And I got tired of waiting
As it slowly became clear that to wait was to wait in vain.

I stopped expecting my country to do the right thing by my father and instead began to understand why Nigeria struggles to find patriots among its leaders.

Until today.

Today when President Muhammadu Buhari gave an executive order to declare that June 12 was Nigeria’s Democracy Day;

To confer on MKO the title of GCFR, an honour reserved for presidents of the Federal Republic of Nigeria;

To confer on Gani Fawehinmi, the dogged fighter for justice, and my father’s running mate, Babagana Kingibe, the title of GCON, the second highest in the land;

And in one day, demonstrated to my bruised heart that integrity, fairness, honour were alive and well in a country for which both my parents had sacrificed their lives.

There are no words that can capture the depth of my gratitude nor the breadth of my joy.

I thank God that I am alive to witness this day.

May we live to witness many more days when justice triumphs over injustice, when sacrifice and service win over arrogance and fraud, and when the blood of our heroes reach from across time to boldly claim the reward that their actions wrought.
May the sacrifices of our past heroes and heroines never be in vain.