N’Delta lawmakers failed oil producing communities in PIA bill passage, HOSTCOMS, CSOs take NASS, AGF to court

Oil Host Communities in Niger Delta and some Civil Society Organisations in the region have dragged the National Assembly and the Attorney General of the Federation and Minister of Justice to court over the Petroleum Industry Act, PIA. This came as the oil producing areas in the region expressed regrets with their representatives at the national assembly, stating that the NASS members from their region failed the people for allowing the Petroleum Industry Bill scale through. The suit which is before a Federal High Court siting in Port Harcourt marked FHC/PH/CS/181/2023, was filed by Henry Eferegbo, Princewill Chikakpobi Chukwure, Avadi Chimankpam, Benjamin Warder, Precious Ibegwura, Zion Kientei, Rhoda Peters, Ekpokome Governor and Registered Trustees of Health of Mother Earth Foundation, the Registered Trustees of Centre for Social Studies and Development, and the Registered Trustees of Pilex Centre for Civic Education Initiative.

Addressing newsmen in Port Harcourt on the development, the Coordinator of We the People, Ken Henshaw, said PIA was aimed at addressing long standing development challenges in oil producing communities, but that several provisions of the act have the potential to cause disaffection and conflict between oil firms and host communities, especially with Section 257 of the PIA. Henshaw said rather than promote development, some provisions of the PIA and its accompanying regulations, may result in increased deprivation for communities and create new conflict scenarios, adding that the PIA is also guilty of treating communities as oil company colonies. He said “Concerned with the above listed contentious implications of Section 257 of the PIA, responsible civil society organizations and individuals from oil producing communities have approached the court to provide an interpretation of the contentious section of the PIA.

“We have sued the National Assembly and the Attorney General of the Federation & Minister of Justice on the following grounds; Whether the shifting of personal liability for damage, property injury, vandalism or sabotage to Host Community (other Persons) by the provisions of S. 257 (2,3) of Petroleum Industry Act 202, 1 is not inconsistent with Sections 43 and 44 of the 1999 Constitution of Nigeria, (as Amended) which protects citizens’ rights to own immovable and movable properties (including funds/money). Whether the penalisation of civil unrest in its entirety (which by definition includes lawful protest and peaceful demonstrations) by the provisions of S. 257 (2,3) of Petroleum Industry Act 2021 is not illegal and unconstitutional having regard to Sections 38, 39 and 40 of the 1999 Constitution of Nigeria, which provides for freedom of association, assembly, expression and protest. Whether the provisions of S. 257 (2,3) of Petroleum Industry Act 2021 is not prejudicial against the Host Communities in Nigeria and does not violate the principles of Natural Justice, equity and good conscience by placing on Host Community strict liability for vandalism, damage, sabotage carried.