A Review of the Nigerian Energy Industry

Court orders recognition of Aja-Omaetan as oil bearing community

Emma Arubi
WARRI-A DELTA State High Court sitting in Warri has ordered the state owned oil intervention agency, Delta State Oil Producing Areas Development Commission, DESOPADEC, to immediately recognize Aja-Omaetan community, in Warri North Council area as an oil bearing community henceforth.

The community had dragged the state Government and the oil intervention Commission to court for denying her the status of an oil bearing community and thus depriving them of their due rights and privileges since the inception of the Commission and after a long drawn battle the feuding parties agreed to a consent settlement in court to bring the matter to an amicable end.

The court in Suit No. W/105/2010 between the claimants; Pa. Godwin Tagbanaraewumi (Community head), Simeon Atirene, Vice-chairman, council of elders and Henry Uyosatsemi, secretary on behalf of themselves and the entire Aja-Omaetan community and the defendants; Governor Emmanuel Uduaghan, DESOPADEC and Engr. Gbesimi Akperi representing the
Itsekiri ethnic nationality in the Commission agreed and resolved to settle the matter in the following terms:

“That the 2nd defendant, its servants, agents and/or privies shall recognize, accord and grant to the claimants community all the privileges, rights, entitlements and benefits accruable to the community (Aja-Omaetan) as an oil producing community in relation to the DESOPADEC within the provisions of the relevant Laws.

“That these terms be made the judgment of this court in this suit.
“That the undersigned do so for themselves and as the representatives of the parties in this suit”.

The presiding Judge, Hon. Justice Marshall Mukoro thereafter ordered as follows;
“Upon the application of the Claimants counsel the terms of settlement duly filed in this suit in this court shall be the judgment of the courting the suit to bind the parties. No order as to cost”., the Judge concluded in its judgment last Thursday.

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