,

The Attorney General of the Federation, AGF, and Minister of Justice, Abubakar Malami has urged Energia Limited to formally recognize and accord to Obodo-Ugwa its social contract obligations as its landlord and host community and also clearly observed that Emu-Ebendo is obviously a neighboring and an impacted Community.

The AGF stated this in his letter dated 10th of June,2022, in response to an appeal for direct enforcement of the supreme court judgement by the Obodo-Ugwa Ogume Community.

Comrade Anslem Oyibo, chairman of the Community Development Committee (CDC), Obodo-Ugwa Ogume had earlier written to the office of the Hon. Attorney General of the Federation and Minister of Justice, wherein he submitted a detailed trajectory of the marginalization, deprivation, humiliation, injustice and the wrong enforcement of the Supreme Court judgment.

In his correspondence, Oyibo narrated that for upward of 40 years, the Obodo-Ugwa Ogume Community have been entangled in a land dispute with neighboring community, Emu-Ebendo over Oluiji and Iyiachi land.The dispute degenerated into a law suit that was fought from the High Court to Supreme Court.

He further clarified that the area disputed and won by Emu Ebendo community was the Oluji and Iyiachi
farmlands. Adding that a Committee headed by the Surveyor General of the State was set up by Delta State Government to interpret and demarcate on ground the Litigation Survey Plan and upon mobilization to site, the committee found out in the main among other things in the presence of both communities and their Surveyors that the coordinates as stated on the litigation plan do not fall on the location of enforcement, the said coordinates being about 6 Kilometers away from the Origin Point (PEG 1).

He revealed that both communities continued to live peacefully until
when Emu-Ebendo sought to enforce the Supreme Court judgment beyond the Oluiji and Iyiachi lands in violation of the clear terms of the judgment, thereby making incursion into Obodo-Ugwa Community lands.

He argued that the judgement of the Supreme Court did not make Obodo-Ugwa Ogume a tenant and integral part of Emu-Ebendo and neither did Emu-Ebendo say so in their claims and pleadings.The court also did not enact the entire land of Obodo-Ugwa Ogume Community to Emu-Ebendo except for Oluji and Iyiachi farm lands.

He added that the erroneous enforcement of the Supreme Court’s judgment led to the marginalization, deprivation and humiliation which Obodo-Ugwa Ogume Community had suffered over the years owing to the unjustifiable designation as an impacted community rather than a host community with regard to Energia Limited facilities and operations.

Comrade Oyibo recalled that on the 25th day of July, 2019; the High Court sitting in Ozoro in Suit No. HCK/52/2018: CHIEF GOLD OBI & 2 ORS VS CHIEF DOUGLASS ONEPE & 2 ORS held that the lands in dispute were Oluiji and Iyiachi land as claimed by Emu-Ebendo Community in their reliefs, in the Writ of Summons and Further Statement of Claim.

In the judgment, Honourable Justice C.O Emifoniye, while interpreting the Supreme Court decision between Emu-Ebendo Community and Obodougwa Community in Appeal No. SC/80/1997: CHIEF D.M. OKOCHI & 2 ORS VS CHIEF AMUKALI ANIMKWOI & 2 ORS, held that the judgment of the Supreme Court is limited to the Oluiji and Iyiachi land and that its enforcement must be limited to the said Oluiji and Iyiachi land as claimed in the reliefs by Emu-Ebendo Community and more importantly, that Obodougwa Community is not an integral part of Emu-Ebendo Community.

Oyibo pointed out that the pronouncement by the High Court of the Supreme Court judgment finally laid to rest the misconception held by Emu-Ebendo Community and some members of the general public that Obodougwa Community is part and parcel of Emu-Ebendo Community.

In his reaction, the Chief Law Officer of the Federation, Abubakar Malami
stated that the judgement of the Supreme Court as interpreted by the High Court on the matter remains binding and as such all parties are obligated to obey same.

He further noted that all persons and authorities subordinate to the Supreme Court are duty bound to enforce the decision of the apex court.Adding that the High Court judgement, that the judgement of the Supreme Court is limited to Oluiji and Iyiachi lands as contained in the reliefs and judgement did not make Obodo-Ugwa community a tenant of Emu-Ebendo.

Malami pointed out that “all parties including Energia Oil and relevant government MDAs are bound by the decision of the apex court,from which there can be no further appeal or contrary actions by the parties”

Part of the letter reads:”In the interest of peace, however,I advise that the oil companies abide by these judgements and honour their social contracts obligation to Obodo-Ugwa Ogume Community as their host community and also extend same to Emu-Ebendo which is obviously a contagious and impacted community”

Comrade Anslem Oyibo while expressing gratitude to the Attorney General of the Federation for his response urged Energia Limited to do the needful and expedite action in the processing and execution of a new Memorandum of Understanding (MOU) in the manner indicating Obodo-Ugwa as its host community.