The Shell Petroleum Development Company Of Nigeria Limitedors v. Government Of Bayelsa State Of Nigeria (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

AMINA ADAMU AUGIE, JSC (Delivering the leading judgment)

By motion ex-parte filed on 7/3/2016 and brought pursuant to section 67 of the Bayelsa State Physical Planning and Development Law 2015, inter alia, the respondents prayed the High Court of Bayelsa State for:

1. An order for the applicants to effect the eviction of the respondent and all occupants of the Gbaran Ubie Integrated Oil & Gas Project at Gbarantoru and all its associated facilities in Bayelsa State from the Development to enable the Applicants conduct environmental, health, technical integrity and safety checks of the Gbaran Ubie Integrated Oil & Gas Project and all its associated facilities for overriding public interest.
2. An order compelling respondent and all occupants of the Gbaran Ubie Integrated Oil & Gas Project at Gbarantoru and all its associated facilities in Bayelsa State to remain and stay evicted until the respondent complies with all the requirements of the Bayelsa State Physical Planning and Development Law 2015 and obtain the Developed Property Permit.
3. An order directing the Commissioner of Police of Bayelsa State, the Commander of the Joint Task Force [JTF] in Bayelsa State and all security agencies to facilitate the enforcement of the eviction of the respondent and all occupants of the Gbaran Ubie Integrated Oil & Gas Project and all its associated facilities as ordered.

The sole ground upon which the said application was brought is that:

The respondent has deliberately failed, neglected and refused to comply with the terms of all the notices for compliance and enforcement served on them in accordance with the order and directives of this honourable court.

Section 67(2)(a) of the aforesaid Bayelsa State Law, 2015 provides thus:

The Control Department may seek and obtain an ex-parte order for eviction from either a Magistrate Court, Planning Tribunal or State High Court and shall effect the eviction of the developer or the occupants of the development from unauthorized development to conduct an environmental, health, technical integrity and safety checks on such development for over-riding public interest.

The application moved on 22/3/2016, was “adjourned to 12/4/2016 for ruling”, wherein the learned trial Judge, Aganaba, J., held as follows:

“Reading through the application and affidavit – – including all the exhibits attached thereto, I am convinced that the applicants have complied with all the necessary procedures required of them for the grant of the reliefs they seek. Section 67(2)(a) of the Bayelsa State Physical Development Law 2015 provides the manner for the enforcement of the relevant notices served on a defaulting developer.

Having served all the relevant notices without the respondent complying with same, the applicants are empowered by the relevant provisions of the law stated above to approach either Magistrate Court, Planning Tribunal or State High Court by ex-parte means, to effect the eviction of the defaulting respondent. The application in this matter, therefore, has merit and on the basis of the above, it is hereby ordered as follows:

1. The applicants are hereby granted leave to effect the eviction of the respondent and all occupants of the Gbaran Ubie Integrated Oil & Gas Project at Gbarantoru and all its associated facilities in Bayelsa State from the Development to enable the applicants conduct environmental, health, technical integrity and safety checks of the Gbaran Ubie Integrated Oil & Gas Project and all its associated facilities for overriding public interest.
2. The respondent and all occupants of Gbaran Ubie Integrated Oil & Gas Project at Gbarantoru and all its associated facilities – – are hereby ordered to remain and stay evicted until respondent complies with all the requirements of Bayelsa State Physical Planning and Development Law 2015 and obtain the Developed Property Permit and finally,
3. The Commissioner of Police of Bayelsa State and Commander of the Joint Task Force [JTF] and all security agencies are hereby directed to facilitate the enforcement of the eviction of the respondent and all occupants of the Gbaran Ubie Integrated Oil & Gas Project and all its associated facilities as ordered.”

Aggrieved by the orders of the trial court, the appellant appealed to the court below, wherein it raised the following issues for determination:

i. Whether suit No. YHC/32/2016 was properly commenced by the respondents, and therefore, incompetent?

ii. Whether section 67(2)(a) of Bayelsa State Physical Planning and Development Law 2015 is unconstitutional?

iii. Whether the court below properly evaluated the evidence before it before finding merit in the respondents’ motion ex-parte?

In its judgment delivered on 25/7/2017, the court below first of all dealt with issues 1 and 3, which “evince jurisdictional questions”.