Crime/Social Justice
Deltans sues oil firm for encroachment
Written By: Henry Ojelu
22 Mar 2024 08:12 AM
Six Delta State indigenes have dragged an oil firm, Sterling Oil Exploration and Energy Production Company Ltd, SEEPCO, before a Delta State High Court sitting in Kwale for encroaching on their parcel of land located at Utagba-Ogbe, Kwale, Ndokwa-West Local Government Area of Delta State.
The indigenes who are plaintiffs in the matters are Chief Idu Amechi, Chinedu Kingsley, Mr Onowu Ogechukwu, Mr Oshagbor Uchenna, Lieutenant Commander Wilson Ikwuni (retd) and Mrs Lilian Ekeigwe while the co-defendants are Ashtavinnayak Hydrocarbons Ltd, (Subsidiary of Sterling Oil Group), representatives of Umu-Azaka Anie family; Chief John Onah, Ossai Okiaeuwe and Okolie Sunday, and Community Liasion Officer of SEEPCO.
In their statements of claims, the plaintiffs claimed that they separately bought parcels of land measuring over 1 hectare located at Ogbe Ani quarters, Utagba-Ogbe, Kwale in 2015 from the rightful owner of the property, Umu-Azaka Anie family and had enjoyed peaceful possession of the land until 2021 when surveyors working for SEEPCO allegedly encroached on the land and destroyed their plants and crops.
The plaintiffs claimed that SEEPCO without disclosing or negotiating with them, its intent to use their land for the building of an independent power plant and an airstrip within the area, sometime in 2022, began moving its machinery and equipment into the property and thereafter, commenced the clearing of the entire land as well as bulldozing the temporary barbwire fence erected on the land.
The plaintiffs stated that SEEPCO unilaterally offered to pay N125million for the destroyed crops and plants and N406million for the purchase of the entire land but that they reject the offers because the valuation of the destroyed crops and land was done without their input.
According to them, the matter was taken to the National Assembly where a committee of the House of Representative after hearing from parties, advised SEEPCO to follow due process in the formal purchase of land.
Despite the intervention of the Reps Committee, the plaintiff claims that SEEPCO has continued to encroach on their land with the aid of military and other security personnels without negotiating or paying them for the land and has moved heavy equipment into the land preparatory to the commencement of building a power plant at the location.
The plaintiffs are seeking among other things a declaration that the land in questions rightfully belongs to them and that the action of the defendants especially SEEPCO and Ashtavinnayak Hydrocarbons Ltd, amount to trespass on their land.
They are also seeking a perpetual injunction restraining the two sister companies forthwith, either through its servants, privies, assigns and/or agents from further acts of trespass into their land and further order directing them to pay N300million 4as general damages for the psychological trauma and deprivation from the use and enjoyment of their respective properties.
In its response, SEEPCO and other defendants, has filed a preliminary objection to the suit arguing among other things that the court lacks jurisdiction to hear the matter.
The indigenes who are plaintiffs in the matters are Chief Idu Amechi, Chinedu Kingsley, Mr Onowu Ogechukwu, Mr Oshagbor Uchenna, Lieutenant Commander Wilson Ikwuni (retd) and Mrs Lilian Ekeigwe while the co-defendants are Ashtavinnayak Hydrocarbons Ltd, (Subsidiary of Sterling Oil Group), representatives of Umu-Azaka Anie family; Chief John Onah, Ossai Okiaeuwe and Okolie Sunday, and Community Liasion Officer of SEEPCO.
In their statements of claims, the plaintiffs claimed that they separately bought parcels of land measuring over 1 hectare located at Ogbe Ani quarters, Utagba-Ogbe, Kwale in 2015 from the rightful owner of the property, Umu-Azaka Anie family and had enjoyed peaceful possession of the land until 2021 when surveyors working for SEEPCO allegedly encroached on the land and destroyed their plants and crops.
The plaintiffs claimed that SEEPCO without disclosing or negotiating with them, its intent to use their land for the building of an independent power plant and an airstrip within the area, sometime in 2022, began moving its machinery and equipment into the property and thereafter, commenced the clearing of the entire land as well as bulldozing the temporary barbwire fence erected on the land.
The plaintiffs stated that SEEPCO unilaterally offered to pay N125million for the destroyed crops and plants and N406million for the purchase of the entire land but that they reject the offers because the valuation of the destroyed crops and land was done without their input.
According to them, the matter was taken to the National Assembly where a committee of the House of Representative after hearing from parties, advised SEEPCO to follow due process in the formal purchase of land.
Despite the intervention of the Reps Committee, the plaintiff claims that SEEPCO has continued to encroach on their land with the aid of military and other security personnels without negotiating or paying them for the land and has moved heavy equipment into the land preparatory to the commencement of building a power plant at the location.
The plaintiffs are seeking among other things a declaration that the land in questions rightfully belongs to them and that the action of the defendants especially SEEPCO and Ashtavinnayak Hydrocarbons Ltd, amount to trespass on their land.
They are also seeking a perpetual injunction restraining the two sister companies forthwith, either through its servants, privies, assigns and/or agents from further acts of trespass into their land and further order directing them to pay N300million 4as general damages for the psychological trauma and deprivation from the use and enjoyment of their respective properties.
In its response, SEEPCO and other defendants, has filed a preliminary objection to the suit arguing among other things that the court lacks jurisdiction to hear the matter.
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