The people of oil-producing Itsekiri communities of Ode-Itsekiri and Deghele in Warri South and Warri South West Local Government Areas of Delta State are protesting a court ruling halting compensation payment by Chevron Nigeria Limited.
The Federal High Court sitting in Warri reportedly ordered Chevron to discontinue payment of compensation to the communities.
A former militant group in Itsekiri land under the auspices of the Itsekiri Defence Council, led by ‘General’ Iwedundun Akpakpa, threatened a bloodbath in the aftermath of the court judgment.
“This will be another round of the Okuama crisis in Warri South West. It will happen, since the ljaws, led by Mr Mathew Tonlagha, have drawn the battle line,” ‘General’ Iwedundun Akpakpa said in a statement made available to newsmen on Monday night.
He threatened a crisis in the area, which he said would affect the state and federal governments.
The PUNCH gathered that the judgment followed a suit filed by indigenes of the Benikrukru community in the Gbaramatu Kingdom of Warri South West against Chevron, Ode-Itsekiri, and other defendants in the case marked FHC/WR/CS/49/2024.
The judgement was delivered by Justice H. A. Nganjiwa of the Federal High Court on January 31, 2025.
The plaintiffs in the case—Pa Kwekwewei Onimiyenmene, Pastor Paul Willie, Elder David Kiriodougha, Capt John Abase, Elder Dogood Ogoloru, and Madam Goldcoast Jimmy—acting on behalf of the Benikrukru community, sought a court declaration that the consent judgment, first entered on March 12, 1982, in several suits involving Gulf Oil Company (now Chevron), had expired.
Listed in the suit were Chevron Nigeria Limited, David Mode Akoma, Doris Odemi, Pa Samson Amaola, Steve Edema, and Henry Temisan as first to sixth defendants respectively.
The defendants are sued for themselves and as representatives of the Ode-Itsekri/Deghele communities of Delta State.
Also listed as respondents were Dr Peter Etchie, Friday Etuwewe, Esimaje Henry, Lugard Etchie, Isaac Etchie and Sunny Etchie as the seventh to 12th defendants respectively.
They are sued for themselves and as representatives of the Omateye family of the Bateren community of Delta State.
The plaintiffs sought, among other things, a declaration that the 1982 consent judgment, which they claimed had expired and was no longer enforceable, should continue to govern compensation payments for the use of lands belonging to the Benikrukru community in the Gbaramatu Kingdom.
They argued that the judgment terms had been fulfilled and that the legal basis for continued compensation payments had lapsed.
They prayed the court to declare that the consent judgment stemming from several earlier suits (W/146/1972, W/89/1973, and W/130/1972) had become inoperative, due to the completion of its intended purpose.
The plaintiffs also sought an order for Chevron to cease the assessment and payment of compensation based on the expired judgment.
After hearing extensive arguments from both sides, including submissions from plaintiffs’ counsel, Larry Malemi Esq, and K.K. Iheme Esq. (representing the second to sixth defendants), as well as A.E. Oghounu Esq. (counsel for Chevron), Justice Nganjiwa ruled in favour of the plaintiffs, declaring that “the consent judgment had indeed lapsed and become inoperative.”
Justice Nganjiwa further granted the plaintiffs’ request for a perpetual injunction, restraining Chevron from continuing to assess, determine, or pay compensation to the community based on the expired 1982 consent judgment.
The court noted that “the purpose of the judgment had been fulfilled and that Chevron’s continued actions concerning the judgment were no longer legally justified.”
A Certified True Copy of the judgment was made available to journalists in Warri on Monday evening.
Justice Nganjiwa ruled: “A declaration that the consent judgment dated 12th March 1982, entered in Suit No: W/146/1972: John Akunujuya Ogio-Okirika & 3 Ors. vs. Gulf Oil Company (Nig.) Limited & 5 Ors., Suit No: W/89/1973: Chief Pius O. Awani & Ors. vs. Messrs. Gulf Oil Company (Nig.) Limited and Suit o: W/130/1972: Chief Jemigbeyi Fregene & 2 Ors. vs. Chief Pius O. Awani & 3 Ors, has lapsed and become inoperative because of the performance of the terms stated therein and the completion of the purpose for which the same was agreed to and entered as a consent judgement.”
Reacting, the militant group led by ‘General Akpakpa posited that “It has come to the attention of the Itsekiri Defense Council that there is a 48-hour ultimatum given to all Itsekiris working in the Abiteye flow station to accept that they are ljaws or leave the flow station.
“The ultimatum also included that all Itsekiris in their land of Abiteye should leave the community within 48 hours and Deghele and Bateren community will start paying rent to Matthew Tonlagha over a court judgment on a location in Abiteye.
“Let it be known that Abiteye land and all surrounding lands (Deghele and Bateren) belong to the Itsekiris. It was the Itsekiris who leased the Abiteye flow station to the Gulf in the 90s; all the documents were there.
“We, the IDC, will ensure that all Itsekiriland is protected at all times.” [The Punch]
