Oloma community in Bonny, Rivers State, has
threatened a showdown with Shell Petroleum Development Company (SPDC) over the
oil company's failure to comply with a court judgement given seven years ago.
An Ahoada High Court presided over by Justice
George Omereji had on March 10, 2011, ordered SPDC to pay N8 million as damages
for breach of contract with the leadership of the community.
The court also granted an order compelling SPDC to
comply fully with or execute fully the seven clauses or components of its
agreement which the claimants entered into on February 17, 2005, especially the
payment of N13.1 million as in clause 7 of exhibit ‘A’.
Justice Omereji further granted a perpetual order
restraining Messrs A.G. Hart and L.A. Sokari, second and third defendants in
the suit, from parading themselves as representatives of the community.
The court upheld the prayers of the applicants,
James Hart;
Tamunosa Allison; T. Hart; Samuel Allison; Goodnews
Banigo and Patrick
Hart that by the custom and tradition of Oloma
community, Bonny, were in charge of the day-to-day running of the community.
But seven years after the judgement, SPDC is yet to act, and the community has
threatened to challenge the oil company.
The community has therefore called on SPDC to
comply with the court order by Justice Omereji against it, the second and third
defendant delivered on March 10, 2011.
Making the appeal in a letter addressed to the
Managing Director of the oil giant and made available to journalists in Warri,
Delta State, solicitors to the first to sixth claimants (for themselves and
representing Oloma Elders Council and Oloma community), Mr. J Chinwe, said the
alleged failure of the company to comply with the Rivers State high court
judgment, Ahoada judicial division could attract a court contempt suit against
it.
“Our client persisted in the spirit of justice and
equity, and gladly, on March 10, 2011, Justice Omerjeji entered the judgment in
our clients’ favour. It is important to point out that among the highpoints of
the judgment against SPDC was the nullification of the agreement SPDC entered
into with the parties sued as 2nd and 3rd Defendants in the suit and also the perpetual
injunction which restrained the 2nd and 3rd Defendants from dealing with SPDC
in any capacity on behalf of our clients community,” he stated.
The solicitors further alleged that the oil giant
did not appeal against the judgment and had allegedly failed to comply with it.
“It is therefore most distasteful and reprehensible
that despite the orders of the court against SPDC and the second and third defendants
in the suit, SPDC has neglected, refused and resisted all attempts at implementing
the judgment of the High Court of Rivers State.
"It is on record that SPDC never appealed on the
judgment in any court but has chosen to flagrantly disregard the judgment. We
have been instructed to write to you and demand as follows: ‘That you without further
recourse, immediately comply fully with
all the orders of the High Court of Rivers State as per judgment of O. Omereji
J. dated March 10, 2011.
"That you forthwith terminate all existing
agreements entered into with the second and third defendants in this subject
suit especially the procurement of house boat to be stationed at Oloma community
which the said defendants are currently executing," it added
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