Supreme Court rejects energy company's appeal against eight Rivers communities
The Supreme Court has dismissed an appeal by a power generation and distribution company, NVT Power & Energy Ltd, against the judgment in favor of eight Rivers communities.
Judge Kudirat Kekere-Ekun, in a judgment, ordered the dismissal of the appeal bearing the mention: SC/CV/849/2022 brought against the June 7 judgment of the Port-Harcourt Court of Appeal.
The Supreme Court's order dismissing the November 4 appeal followed a request by NVT Power to have the appeal withdrawn.
The Certified True Copy (CTC) of the decision was however obtained by the News Agency of Nigeria (NAN) in Abuja on Friday.
Communities involved include the community of Opu-Benibo Granville; Orubibi Douglas community; the Blackduke Oweredaba community; Ajumogobia-Bestman community; Oruwari community and Siri Young Jack community.
The others are the Don-Pedro community and the Membere community, all located in the kingdom of Abonnema, in the area of rivers of the local government of Akuku Toru.
The host communities had, in October 2020, sued the firm in the High Court of Rivers State, Port-Harcourt.
The communities had asked the court, among other things, to compel the company to negotiate with them and "immediately pay their lawyer/legal representative all accrued liabilities, benefits and indemnities that are due to the claimant communities due to the activities, operations and facilities on the lands of the requesting communities.”
The parties subsequently agreed to the terms of a settlement, which Judge A. Enebeli adopted as a consent judgment of the court in the case on June 2.
The terms of the settlement agreement were that the communities, "being independent and self-governing communities and the location of several of defendant's facilities and activities, are entitled to participate in and directly benefit from all accrued liabilities , rents, contracts, development and economic empowerment.
They are also entitled to "compensation, environmental clean-up, scholarships and economic empowerment projects undertaken by all businesses, including the defendant for their host communities in the Kingdom of Abonnema in Akuku Toru Local Government Area in Rivers State, Nigeria".
They were also to "be included in any comprehensive agreements and/or Memoranda of Understanding to be executed or entered into between the Respondent and its host communities in the Kingdom of Abonnema in the Akuku Local Government Area Toru in Rivers State, Nigeria".
The firm has been instructed to negotiate with the communities through their attorneys "and to immediately pay their attorney/legal representative all accrued liabilities, benefits and indemnities that are due to the claimant communities in due to the activities, operations and facilities of the Respondent within the lands of the Claimant Communities of Abonnema Kingdom, Akuku Toru Local Government and Rivers State in Nigeria.”
Judge Enebeli subsequently ordered NVT to pay NVT 1 million to each of the eight communities, an aspect of the consent judgment against which the firm appealed in the Port-Harcourt Court of Appeal.< /p>
In a June 7 ruling, a three-member panel of the Port-Harcourt Court of Appeal, led by Judge Joseph Ikyegh, dismissed NVT's appeal for lack of jurisdiction, having been filed without first asking permission of the court. .
NVT then appealed the judgment of the Court of Appeals of the Supreme Court...
The Supreme Court has dismissed an appeal by a power generation and distribution company, NVT Power & Energy Ltd, against the judgment in favor of eight Rivers communities.
Judge Kudirat Kekere-Ekun, in a judgment, ordered the dismissal of the appeal bearing the mention: SC/CV/849/2022 brought against the June 7 judgment of the Port-Harcourt Court of Appeal.
The Supreme Court's order dismissing the November 4 appeal followed a request by NVT Power to have the appeal withdrawn.
The Certified True Copy (CTC) of the decision was however obtained by the News Agency of Nigeria (NAN) in Abuja on Friday.
Communities involved include the community of Opu-Benibo Granville; Orubibi Douglas community; the Blackduke Oweredaba community; Ajumogobia-Bestman community; Oruwari community and Siri Young Jack community.
The others are the Don-Pedro community and the Membere community, all located in the kingdom of Abonnema, in the area of rivers of the local government of Akuku Toru.
The host communities had, in October 2020, sued the firm in the High Court of Rivers State, Port-Harcourt.
The communities had asked the court, among other things, to compel the company to negotiate with them and "immediately pay their lawyer/legal representative all accrued liabilities, benefits and indemnities that are due to the claimant communities due to the activities, operations and facilities on the lands of the requesting communities.”
The parties subsequently agreed to the terms of a settlement, which Judge A. Enebeli adopted as a consent judgment of the court in the case on June 2.
The terms of the settlement agreement were that the communities, "being independent and self-governing communities and the location of several of defendant's facilities and activities, are entitled to participate in and directly benefit from all accrued liabilities , rents, contracts, development and economic empowerment.
They are also entitled to "compensation, environmental clean-up, scholarships and economic empowerment projects undertaken by all businesses, including the defendant for their host communities in the Kingdom of Abonnema in Akuku Toru Local Government Area in Rivers State, Nigeria".
They were also to "be included in any comprehensive agreements and/or Memoranda of Understanding to be executed or entered into between the Respondent and its host communities in the Kingdom of Abonnema in the Akuku Local Government Area Toru in Rivers State, Nigeria".
The firm has been instructed to negotiate with the communities through their attorneys "and to immediately pay their attorney/legal representative all accrued liabilities, benefits and indemnities that are due to the claimant communities in due to the activities, operations and facilities of the Respondent within the lands of the Claimant Communities of Abonnema Kingdom, Akuku Toru Local Government and Rivers State in Nigeria.”
Judge Enebeli subsequently ordered NVT to pay NVT 1 million to each of the eight communities, an aspect of the consent judgment against which the firm appealed in the Port-Harcourt Court of Appeal.< /p>
In a June 7 ruling, a three-member panel of the Port-Harcourt Court of Appeal, led by Judge Joseph Ikyegh, dismissed NVT's appeal for lack of jurisdiction, having been filed without first asking permission of the court. .
NVT then appealed the judgment of the Court of Appeals of the Supreme Court...
What's Your Reaction?
