Chevron Nigeria Limited V. Imo State House of Assembly & Ors (2016)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A. 

In the Owerri Judicial Division of the Federal High Court, holden at Owerri, the Plaintiff (now Appellant) by an Originating Summons dated the 20th day of June, 2006 but filed on the 29th day of June, 2006; sought for the determination of the following questions:
“1. Whether upon a proper construction and interpretation of the provisions of the Constitution of the Federal Republic of Nigeria 1999, the 1st Defendant or its Committee on Petroleum, Energy, Environment and Agriculture has the power, legal right and authority to enquire into and or investigate the subject matter of the claims of the Oguta Farmers Association seeking reparations for alleged damages and injuries as conveyed to the Plaintiff by the 1st Defendant’s letter dated 18th May, 2005?
2. Whether upon a proper construction and interpretation of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 the acts of the 1st Defendant in the course of allegedly investigating the said claims of the Oguta Farmers Association such as the issuance of summons are done in exercise of its

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Constitutional and legal powers?
3. Whether upon a proper interpretation of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Defendant has judicial powers, jurisdiction or legislative competence to entertain a petition seeking compensation for alleged damages and alleged injuries arising from the oil mining and oil exploration activities of the Plaintiff?
4. Whether upon a proper interpretation of the Constitution of the Federal Republic of Nigeria, 1999 the 1st Defendant’s Investigative powers extends to investigations for the purposes determining and or apportioning compensation payable for alleged damages and or injuries?
5. Whether the 1st Defendant has the right to summon the Managing Director of the Plaintiff pursuant to the said petition.”

Against the foregoing questions the Plaintiff (now Appellant) sought for the following Reliefs:
“1. A declaration that by the provisions of the Constitution of the Federal Republic of Nigeria, 1999, the 1st Defendant, its House Committee on Petroleum, Energy and Environment and or other joint Committees are not empowered by law to investigate and conduct enquiries into

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any matter pertaining to the claims by the Oguta Farmer’s association, as conveyed to the Plaintiff by the 1st Defendant’s letter dated 18th May, 2005, which said claims seek reparations from the Plaintiff for alleged damages to food, economic crops and damaged buildings from 1986 – 2003 as a result of the oil mining and exploration activities of the Plaintiff.
2. A declaration that the 1st Defendant’s investigative powers under Section 128 of the Constitution of the Federation Republic of Nigeria, 1999, do not extend to the issuance of a summons against the Managing Director of the Plaintiff or any other member of staff of the Plaintiff for the purposes of adjudicating on the claims of the said Oguta Farmers Association.
3. A declaration that the 1st Defendant and its said House Committee has no legal right whatsoever to adjudicate upon, determine and apportion any amount as compensation payable for any alleged damages or injuries, occurring in the course of the oil mining activities of the Plaintiff as stated in the 1st Defendant’s letter dated 5th June, 2006 and all steps taken by the 1st Defendant in that regard are unconstitutional, illegal,

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null and void.
4. A declaration that the issues raised in the Petition of the said Oguta Farmers relate to Civil Rights and obligations affecting the Plaintiff and the said Oguta Farmers Association which arose in the course of the oil mining activities of the Plaintiff and jurisdiction to entertain and determine same are vested in the Courts pursuant to Section 6(6)(b) of the Constitution of the Federal Republic of Nigeria 1999.
5. A declaration that the invitations and summons issued to and served on the Plaintiff and its Managing Director by the 1st Defendant for purposes of ensuring payments/compensation to the Oguta Farmers Association in respect of their alleged claims against the Plaintiff which allegedly arose as a result of the oil mining activities of the Plaintiff as conveyed to the Plaintiff by the 1st Defendant’s letter dated 18th May, 2005 to the 1st Defendant is unlawful, null and void of no effect whatsoever.
6. An order of perpetual injunction restraining the 1st and 2nd Defendants from further summoning and or from issuing warrants of arrest against the Plaintiff and its Managing Director or the members of staff on the basis of the

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said claims of the Oguta Farmers Association.
7. An order of perpetual injunction restraining the 1st and 2nd Defendants and any of their committees from further inquiring and or investigating the said claims of the Oguta Farmers Association for purposes of apportioning any such alleged liability to the plaintiff.”

In support of the originating summons the plaintiff (now appellant) through her community Engagement Representative (Lands) OBIORA IRO-EGBU deposed to a 26 (Twenty Six) paragraphed Affidavit to which documentary Exhibits marked “A”, “B”, “C1” and “C2”, “D”, “E” and “F” were annexed. The Plaintiff also filed a Written Address in support of the Originating Summons. That Written Address dated the 24th day of April, 2007, was filed on the 30th of April, 2007. Upon being served with the Originating Processes, the 3rd Defendant (now 3rd Respondent) entered conditional appearance by a Memorandum of Appearance dated 10th day of September, 2006 but filed on the 14th day of September, 2006. The 3rd Defendant through Anthony Mbadinuju a Principal Litigation Officer Ministry of Justice, Imo State on the 19th day of January, 2007 filed this

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Counter-Affidavit in opposition to the Affidavit of the Plaintiff in support of the Originating Summons and followed same up with his Written Address dated 16th May, 2007 but filed on 17th day of May, 2007.