Activist Asks Court to Compel EFCC, AGF to Probe Shell over Alleged Non-remittance

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An environmental activist, Anderson Achilike, on Wednesday approached the Federal High Court, Abuja for an order compelling the Attorney General of the Federation and Minister of Justice and the Economic and Financial Crimes Commission (EFCC) to probe allegations of non-remittance of funds to the federal government by Shell Petroleum Development Company Nigeria Ltd.

Other allegations raised by the plaintiff, who is also a legal practitioner is a probe of the oil giant for under-declaration of crude oil exportation and shipment, instigation of acts of pipeline vandalism, oil theft, third party interference in trunk line operations and incessant cases of fire outbreak.

The plaintiff said he filed the suit "as a matter of urgent national importance to save the dwindling economic fortunes of the country from acts capable of undermining the future of Nigeria."

He is therefore praying for "an order directing and compelling the 3rd Defendant as a designated financial intelligence unit in Nigeria, acting with or through the 2nd Defendant and/or other security agencies, to carry out an investigation of the 1st Defendant over cases of non-remittance and under-declaration of crude oil exportation and shipment, third party interference in its trunk line operations, incessant cases of fire outbreak, repeated incidents of sabotage or other suspicious activities or occurrences at its Forcados and Bonny Oil Terminals and Bonga FSPO (floating production, storage and offloading) vessel, which has resulted in loss of revenue, continuous oil theft, monumental shortfall in crude oil production, poor economic revenue, pipeline vandalism, disruption of oil production, destruction of oil installation, economic sabotage etc in Nigeria."

He is also seeking an order directing and compelling the EFCC to carry out a quantitative investigation of the amount or quantity of crude oil coming into or supplied to and exported from the Shell‘s Forcados and Bonny Oil Terminals and Bonga FSPO vessel as well as the amount or quantity of crude oil, claimed to have been or supposed to have been exported from the said terminals from January 1, 2001 to August 31 2019.

Among other reliefs, the plaintiff wants a declaration that the act or conduct of Shell in not remitting and under-declaring of crude oil exportation and shipment, among others, is illegal, unlawful and constitutes economic sabotage and crime against the Nigerian state.

The plaintiff is also praying for "a declaration that the EFCC, being a designated financial intelligence unit in Nigeria, acting with or through the AGF and/or other security agencies, has the statutory duty to investigate various acts and/or allegations of commission of economic crimes by Shell against the Federal Government of Nigeria through its non-remittance and under-declaration of crude oil exportation and shipment, various acts of self-induced oil theft etc.

No date has been fixed for the hearing of the suit.


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