Authorities of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) have been urged to prevail on Chevron Nigeria Limited (CNL) to include the oil-producing community of Aja-Omaetan in Warri North Local Government Area of Delta State in Chevron’s planned Host Community Development Trust Fund (HCDTF).
The request is contained in protest letters and pre-action notices written on behalf of the Aja-Omaetan community by their lawyer, Prof. Yemi Akinseye-George (SAN), to Chevron, the Chief Executive Officers (CEOs) of NMDPRA and
NUPRC.
The Aja-Omaetan community is claiming that Chevron plans to exclude it from the list of beneficiaries of the planned trust fund owing to past disputes over oil spillages.
While arguing that the NMDPRA and NUPRC, as regulators, have the duty to ensure that operators in the oil industry comply with the provisions of the Petroleum Industry Act (PIA), the Aja-Omaetan community threatened to sue should both agencies fail to prevail on Chevron.
According to one of the letters, “Our client is one of the communities accommodating the Crude Oil and Gas Pipelines of Chevron Nigeria Limited in Dibi field, Warri North Local Government Area of Delta State and has been host to Chevron Nigeria Limited facilities for years without any benefits from Chevron Nigeria Limited.
“On the 14th day of July 2011, our client obtained a judgment from the Delta State High Court in Suit No: W/105/2010 (copy herewith attached) against the Governor of Delta State, Delta State Oil Producing Areas Development Commission (DESOPADEC) and one other, wherein the status of Aja-Omaetan Community as an oil producing community was firmly established beyond any equivocation.
“The Delta State Government and DESOPADEC, among others, have since complied with the court order/judgment by recognising and, according to our client, all privileges and rights as an oil-producing community.
“Our client is aware that the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and Chevron Nigeria Limited are currently on the verge of establishing the “Warri Kingdom Onshore Host Communities Development Trust” as required under the Petroleum Industry Act No. 6, 2021.
“However, our client’s findings show that it has been maliciously excluded from the list of qualified and entitled communities in Dibi Field in an attempt to punish her (because our client took Chevron Nigeria Limited to court over crude Oil spillages).
“Our client has written to Chevron Nigeria Limited to no avail, hence this complaint to the Authority (NMDPRA).
“We are, by this letter, requesting that you use your good offices to intervene in this matter by directing that our client be included as a host community in the proposed “Warri Kingdom Onshore Host Communities Development Trust” as provided under the relevant sections of the Petroleum Industry Act No. 6 of 2021 and the relevant Host Communities Development Trust template.
“Take notice that our client intends to commence a legal action against NMDPRA, Chevron Nigeria Limited and any other relevant agency in the event that the Authority fails to act on this letter.”
The community has also written to the Registrar of the Corporate Affairs Commission (CAC) to place a caveat on the registration of the “Warri Kingdom Onshore Host Communities Development Trust” until all issues surrounding the planned registration are sorted out.
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