
Some indigenes of oil-bearing communities in the Niger Delta region and Civil Society Organisations (CSOs) have instituted legal action against the National Assembly and Attorney General of the Federation/Minister of Justice over the passage of Section 257 of the Petroleum Industry Act (PIA), which they described as anti-people.
The group, in a media briefing in Port Harcourt, Rivers State, yesterday, said they had approached the court to determine provisions of a section of PIA, arguing that the entire section contravened the 1999 Constitution, as amended.
The suit, FHC/PH/CS/181, filed at the Federal High Court in Port Harcourt, had Henry Eferebo, Princewill Chukwure, Avadi Chimankpam and Health of Mother Earth Foundation (HOMEF) as plaintiffs, while the National Assembly and AGF are defendants It sought relief of the court to determine whether the shifting of personal liability for damage, property injury, vandalism or sabotage to Host Community (other Persons) by the provisions of S. 257 (2,3) of the PIA is not inconsistent with Sections 43 and 44 of the 1999 Constitution, which protects citizens’ rights to own immovable and movable properties.
(including funds/money);
Addressing newsmen on the reason the group approached the court, Executive Director of WeThePeople, Ken Henshaw, said “while the PIA, which was passed in 2021, contains key provisions aimed at addressing long-standing development challenges in oil-producing communities in Nigeria, several provisions, on the other hand, have the potential to cause disaffection and conflict between oil firms and host communities.”
Henshaw disclosed that the PIA, rather than promote development, has provisions, especially section 257, that may result in increased deprivation for communities and create new conflict scenarios, stressing that the Act is also guilty of treating communities as oil company’s colonies and delegating authority over community development to oil firms.
According to him, the fact that the Act blames host communities for oil theft and oil infrastructure sabotage, and mandates them to become unpaid, unskilled and unarmed guardians of oil equipment and pipelines is, perhaps, the most contentious and unjust aspect of the Act.
N’Deltans, CSOs battle NASS, AGF over Section 257 of PIA
National Assembly (NASS)