Group sues A’Ibom govt for not gazetting area oil producing

Patrick Ekpo, Uyo

The five local government areas which make up Oro ethnic nationality have sued Akwa Ibom State Government in the Federal High Court, Uyo over the state’s flagrant disregard to gazette the area as oil producing eight years after the National Assembly had passed a resolution recognising the region as such.

The five local government areas, which are littoral, are Mbo; Okobo; Oron; Udung Uko, and Urue Offong/Oruko.

The suit, FHC/ABJ/215/2020, filed by one Dr. Celsius Ukpong and two other learnt gentlemen on behalf of Oro people, listed Akwa Ibom State/Federal governments as well as the Attorney General of the Federation as 4th, 5th, and 6th respondents, respectively.

The applicants are seeking the relief of court for a declaration that Oro people are entitled to enjoy the same rights as other oil bearing communities in the state.

They are also asking the court to declare that the Oro Nation is entitled to the share of 13 per cent derivation from their natural resources and an order of court directing Akwa Ibom State Government to pay the sum of N4trn to the Oro people as compensation and damages for the “wrongful and unconstitutional” exclusion of the Oro Nation as an oil and gas producing community.

However, when the case was mentioned for hearing on Monday, the presiding judge, Justice A.A. Okeke, adjourned the case to November 28, 2020, for further mention on ground that the additional affidavit filed by the applicant’s counsel for leave of court to be used was not served to all parties involved.

Speaking with our correspondent on Wednesday, Dr Edet Ekerendu, a former Permanent Secretary, and chairman of the Oro Oil and Gas Committee, stated that they decided to institute a case because the National Assembly Resolution of July 2012 mandated the Akwa Ibom State Government to gazette the five LGAs as oil bearing communities but the state government has kept mute over the matter.

He explained that the state government has no justification and therefore supposed to gazette the five LGAs and set up Akwa Ibom Oil Communities Producing Committee as done by some other states and 13 per cent derivation supposed to go to the communities for development to mitigate the impact of oil spills and other social effects suffered by the communities, noting that such has not been done.

Speaking also on Wednesday, the applicant’s lead counsel, Offiong Offiong (SAN), expressed confident in the case adding that in bringing the case to the court, they have reasonable confidence that it is a good case but the pronouncement of the judge would determine whether or not that confidence is justified.

“When there is a case before the court, what you don’t do as a counsel is to be presumptive. A counsel does not bring a case before the a court without reasonable confidence that he has a good case.

“So, whether I have a good case or not is going to be determined by the judge. I cannot stand outside the court and give an opinion on the merits of the case before the court. That will be unethical. All I can say is that in bringing the case to the court, we have reasonable confidence that we have a good case, but whether or not that confidence is justified will depend on the pronouncement of the judge,” he said.