Illegal pipelines: SERAP drags FG to ECOWAS tribunal

The Socio-Economic Rights and Accountability Project has filed a lawsuit against the government of President Major General Muhammadu Buhari (Retired) for "failure to investigate illegal pipeline operations between 2001 and 2022, to name a few". and prosecute those suspected of involvement, and recover the proceeds of crime. »

The complaint was filed by SERAP, Chief Eric Dooh, (who is suing for himself as the Chief of the Gokana Community in Gokana Local Government Area in Rivers State, and on behalf of the Goi community), and 15 other concerned Nigerians.

The lawsuit follows recent reports of the discovery of at least 58 illegal pipelines used to steal the country's oil wealth. The theft is said to be made through the illicit pipeline connected to the mainline via an abandoned pipeline, and linked to a location on the high seas, where they load crude oil into ships and sell it overseas.

In Case No. ECW/CCJ/APP/53/22 filed Friday in the Court of Justice of the Economic Community of West African States in Abuja, plaintiffs seek "an order directing and compelling the Buhari government to immediately investigate reports of illegal pipeline operations and oil theft, and name and prosecute the alleged perpetrators.”

The plaintiffs also seek “an order directing and compelling the Buhari government to fully recover all proceeds of crime and to respect, protect and fulfill the human rights of the people of the Niger Delta who have continued to suffer the effects of oil theft by non-state actors.”

In the lawsuit, the plaintiffs argue that "the Buhari government is failing to meet its international legal obligations to ensure that the country's oil wealth is used only for the benefit of Nigerians, and that the wealth does not end up in private pockets. ."

The plaintiffs also argue that “poor and socio-economically vulnerable Nigerians have continued to pay the price for the theft of the country's oil wealth, apparently by state and non-state actors.”

According to them, "Despite the country's vast oil wealth, successive governments have largely wasted the opportunity to use this wealth to improve the lives and well-being of ordinary Nigerians."

The plaintiffs also argue that "illegal pipelines have been operated for many years without notice, which involves a flagrant violation of international human rights obligations to ensure the proper, effective and efficient management of wealth. and natural resources of the country".

In the lawsuit filed on their behalf by their lawyer, Kolawole Oluwadare, the plaintiffs claimed that "the looting of the country's oil wealth has led to a downward trend in revenue and an increase in the level of borrowing, with reports of a projected N11 3 trillion billion deficit budget for 2023.”

The suit, read in part, "The unresolved looting of the country's oil wealth has for many years contributed to declining revenues, chronic underfunding of public goods and services such as education, health and drinking water, to recurring budget deficits, increasing levels of borrowing and an unsustainable debt profile."

"There are violations of the economic and social rights of the population of the Niger Delta, including the rights to an adequate standard of living and to economic and social development - as a result of the plunder of the country's resources through the illegal pipeline operations by non-state actors.”

“The Buhari government has failed to exercise due diligence in preventing and combating oil theft; investigating and prosecuting alleged perpetrators and recovering proceeds of crimes; and respecting, protecting, promoting and fulfilling the rights of people."

"The plaintiffs argue that the loss resulting from the plunder of the country's wealth and natural resources by non-state actors and state actors through the operation of illegal pipelines is a contributory cause of poverty and underdevelopment. in the Niger Delta."< /p>

“The plaintiffs further submit that the majority of the population of the Niger Delta and Nigeria as a whole continue to be denied access to the basic necessities of life such as clean water, education for quality, health care, food, a clean and healthy environment, and economic development.

"This illegal oil connection has been operating for nine (9) years with approximately 600,000 barrels of oil lost per day during the same period."

"According to an audit report by the Nigerian Extractive Industries Transparency Initiative, 160 million barrels of crude oil worth $13.7 billion were stolen between 2009 and 2012."< /p>

"Plaintiffs allege that the destruction of the vessels used for the theft of crude oil by the security agencies under the command of the Defendant was unlawful and was done to conceal the identity of the perpetrators."

"It is further argued that the confiscation of any vessel used for illegal activities cannot be effected lawfully...