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the court affirms the nogicd acts and pias recognition of host communities

Finima as Host Community – The court affirms the NOGICD Act’s and PIA’s recognition

Finima as Host Community. The Federal High Court in Abuja, on Friday 15 September 2023, has ruled that the community where an oil and gas company operates has the right to host such activities and should be engaged in that regard by the company conducting such operations.
In accordance with the Community Content Guidelines of the Nigerian Content Development and Monitoring Board, NCDMB, and the Petroleum Industry Act 2021, the Buoye Omuso (Brown) Founding Royal Major House of Finima (Founders of Finima, and owners of all lands in Finima) and Finima community in Bonny Local Government Area of Rivers State filed a lawsuit before the court. The lawsuit demanded recognition as the host community of the Nigeria LNG Limited.

The plaintiffs had on 15th August 2022, filed the suit through their Counsel, Prof Mike Ozekhome,SAN, for themselves and on behalf of the People of Finima Community of Bonny Local Government Area of Rivers State, suing four defendants, namely, the Federal Minister of Petroleum Resources, the Nigerian National Petroleum Company Limited (NNPC), Nigeria LNG Limited and Nigerian Content Development and Monitoring Board (NCDMB).

The court in its judgement held,agreeing with Ozekhome who led a team of lawyers comprising of Benson Igbanoi, Esq, Mrs Amauche Onyedum, amongst others, that, there exists a binding lease agreement between the NNPC, the NLNG Ltd and the FINIMA community; and that the community was entitled to compensation for breach of the said lease agreement.

They also complained about the Defendants’ failure to provide adequate relocation arrangements for affected members of the community which resulted in the breach of the said lease agreement and the NCDMB community guidelines.

The court also held that the plaintiffs have the locus to institute the suit in a representative capacity for the FINIMA community,as they testified and provided in court, a copy of the resolution wherein the entire community agreed to that effect.

They also, most notably, tendered an earlier judgement in rem delivered by Hon. Justice Inko-Tariah, sitting at the High Court of Rivers state, in suit no: PHC/174/72, wherein the trial Judge had declared that “all land situates and lying between FINIMA and Bonny belong to the FINIMA community represented by the Plaintiffs”.

In his decision in the case No: FHC/ABJ/CS/1419/2022, Justice Donatus Okorowo ruled in favour of the plaintiffs, the Buoye Omuso (Brown) Major House of Finima.
Respondents in the suit include Nigeria LNG Limited, the Nigerian Content Development and Monitoring Board, the Federal Ministry of Petroleum Resources, and the Nigerian National Petroleum Company Limited.
The plaintiffs had asked the court, among other things, to declare Finima as the host community of NLNG rather than Bonny Kingdom, just as the company had recognised Ogbum-nu-Abali community and Amadi-Ama community as joint host communities of its Corporate Head Office in Port Harcourt rather than Rebisi Kingdom or Okrika kingdom.

The plaintiffs, who contended in the abovementioned complaint that they are the founders and proprietors of the lands in Finima, sought and received all of the reliefs granted, represented by Amauche Onyedum, a Principal Counsel in Mike Ozekhome’s Chambers.
Some of the reliefs include, “A declaration that the Plaintiffs, who sued in a representative capacity for themselves and on behalf of the Buoye Omuso (Brown) Major House of Finima, (founders of Finima, and owners of all lands in Finima) and Finima Community in Bonny Local Government Area, Rivers State, is the host community housing the NLNG Plant and other NLNG facilities, referred to in the 2nd Defendant’s

“A declaration that the defendants’ refusal, neglect, and failure to ensure compliance with Sections 25, 26, 27, and 28(2) of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Guidelines 1.0 to 7.0 of the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as they apply to the Plaintiffs’ land in their community before or after the Defendants’ conduct is illegal, wrongful, unconscionable, and unlawful.”

An order of perpetual injunction prohibiting the defendants from performing any additional works or operations on the site of the NLNG Plant in Finima Community until they have complied fully with the terms and conditions agreed upon by the plaintiffs and the third defendant, the provisions of the NOGICD Act 2010, and the Nigerian Content Development and Monitoring Board
The management of Nigeria LNG Limited responded to the court ruling by stating that the company’s solicitors were reviewing the ruling and would respond as soon as it was appropriate.

The defendants must execute a leasing agreement between the plaintiffs and the NLNG or any other pertinent party within thirty days of the ruling, according to Hon. Justice Okorowo. The defendants were given one hundred billion naira in general damages by the judge for failing to acknowledge the plaintiffs as their host community.

The business remains committed on guaranteeing and maintaining a cordial relationship with its host community as a global gas firm, according to NLNG General Manager of External Relations and Sustainable Development, Mr. Andy Odeh, in a statement.
“Nigeria LNG Limited is aware of a decision made by the Federal High Court in Abuja on a case filed by the Buoye Omuso Brown House of Finima against the Federal Ministry of Petroleum Resources, NNPCL, NLNG, and NCDMB, asking the court to interpret issues pertaining to host communities and the Petroleum Industry Act.

The company via Andy Udey further reiterated, “NLNG wishes to state that its lawyers are studying the decision and will react at the appropriate time.
“Nigeria LNG remains focused on ensuring cordial relationship with its host communities and remains committed to sustainable community development, peace in its areas of operation as it continues to be a to globally competitive LNG company helping to build a better Nigeria.”

The Honorable court, consequently, granted all the reliefs sought by the plaintiffs,to wit:

  • A DECLARATION that the Plaintiffs who sued in a representative capacity for themselves and on behalf of the Buoye Omuso (Brown) Major House of Finima, (Founders of Finima, and owners of all lands in Finima) and Finima Community in Bonny Local Government Area, Rivers State, is the host community housing the NLNG Plant and other NLNG facilities, referred to in the 2ndDefendant’s letter dated 3rd March, 1978, with reference No: GPD.001/S.1/21 50230/225, same being their ancestral homelands.
  • A DECLARATION that the refusal, failure and/or neglect by the Defendants, their representatives, aides, workers, agents, privies, and servants, to enter into a lease agreement with the Plaintiffs, and ensure compliance with the terms agreed upon by the 2ndDefendant and NCDMB Community guidelines constitutes a deprivation of the rights of the Plaintiffs as host community and a breach of the terms so agreed upon.
  • A DECLARATION that the Defendants ought not to have commenced any form of business in the Plaintiffs community without due, total and adequate compensation to and relocation of the Plaintiffs to a decent settlement which shall be in compliance with the terms duly entered into by the 2ndDefendant; and in any case not below the standards of what the Plaintiffs had enjoyed before the coming of the Defendants to their ancestral lands.
  • A DECLARATION that the Defendants’ non-compliance with the required terms, conditions and guidelines of extant laws, has had direct consequential adverse effect on the Plaintiffs, their livestock, buildings, tombs, totems, residential homes, streams, cash crops, minerals, life, means of livelihood and dignity of the human person.
  • A DECLARATION that the dealings on the said lands and alleged compensations clandestinely and surreptitiously paid to any person or persons not being the representatives of the Buoye Omuso(Brown) Major House and members of Finima Community are illegal, wrongful, unlawful, null and void and of no effect whatsoever.
  • A DECLARATION that the acts of the Defendants, whether by themselves, their workers, representatives, privies, servants, agents, e.t.c, in demolishing all, or any part of the structures, built and erected by the Plaintiffs in Finima community, including farmlands, economic trees, livestock, totems, relies, etc, and consfication of ancestral lands in Finima Community contrary to the provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, are therefore illegal, wrongful unlawful, unconscionable, null and void and of no effect whatsoever.
  • A DECLARATION that it is, illegal, wrongful, unconscionable and unlawful for the Defendants to refuse, neglect and fail to ensure due compliance with the provisions of Sections 25, 26, 27, and 28(2) of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Guidelines 1.0 to 7.0 of the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as they affect the Plaintiffs’ land in their community before or after the commencement of work, or soon after the coming into effect of the instant Act and guidelines by the 3rd Defendant.
  • AN ORDER directing the Defendants to effect a lease agreement between the Plaintiffs and the NLNG and or any other interested or relevant party within 30 clear days from the date judgment is delivered in favor of the Plaintiffs in this suit.
  • AN ORDER directing the Defendants to accord and award the Plaintiffs directly, their entitlements, privileges and benefits which have accrued and accruable to the Plaintiffs as host community that bear the brunt of the Defendants’ operations.
  • AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, whether by themselves, their representatives, workers, servants, agents and/or privies howsoever called, from carrying out further works or operations on the site of the NLNG Plant in Finima Community until due and total compliance with the terms and conditions agreed upon by the Plaintiffs with the 3rdDefendant, the provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as well as other extant regulatory requirements.

finima development masterplan workshop

Finima Development Master Plan Workshop – Finima is inundated by development experts. 21/22 July 2023

Finima Community in Bonny Local Government Area of Rivers State will be receiving development experts as it announces its development masterplan, in what appears to be a blatant show of ambitious intentionality with its growth trajectory.
Dr. Alabo George-Kelly, the commissioner for works in Rivers State, Yibo Koko, the director general of the Rivers State Tourism Management Board, Professor Eucharia Nwaichi, Randolph Brown, a former member of the House of Representatives, and Jonathan Tobin, a former executive director of the Bank of Industry, are some of these experts.

A six-person committee was established at the behest of the Amadabo-In Council to help organise a workshop to start the process of creating the Finima Community Development Masterplan. In essence, the masterplan is being created in order to be ready for the advantages that Host Communities would get under the Petroleum Industry Act. Additionally, the masterplan is being developed so that the Finima Community can handle its interactions with the various levels of government, as well as with international oil and gas and associated corporations that operate on its property, in terms of development.

In light of this, the workshop was held on July 21 and 22, 2003, in the Finima Town Hall. The topics of the papers presented by the speakers, who came from a variety of professional backgrounds, included health, the environment, social services, security, GIS, relocation, exposure to hydrocarbons, engagements, politics, our lands and resources/investment opportunities, the need for infrastructure, education (human capacity development), tourism, and others. Questions were raised, clarifications were offered, and suggestions for future encounters were made during the meetings. Additionally, there were presentations on what components of the development plan should be included from the community/house’s sub-structures (Asawo, Ogbo-biri Ere Ogbo-Biri Asawo, Eremapu, FYC, Welfare Committee, etc.). These contributions are anticipated to be combined, tested, and fixed into the primary masterplan.

Eugene Abels, Nnamdi Mbata, Dr. Robinson Sibe, Dr. Abarasi Abbey-Hart, Dr. Magdalene Iheme, and Ross Alabo-George are among the other guests listed on the invitation.
The “Finima Community Development Master Plan Workshop” is scheduled for Friday and Saturday, July 21 and 22, 2023, in the Town Hall in Finima Town, Bonny Island, with the topic “Towards An Urbanised Finima Community.”

he host of the event and Amadabo of Finima, Aseme-Alabo Dagogo Lambert Brown, Kongo XVII was upbeat about the positives expected from the event, noting that the development of the community is associated with its prosperity, stressing that it is important to work with relevant stakeholders to drive the process.

Several international companies that deal with gas and crude oil, as well as the Finima Nature Park, are located in Finima, which is located at the mouth of the Bonny Channel at the edge of the Atlantic Ocean. The federal government’s projected Bonny Deep Seaport is also anticipated to be located there.

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Celebration of 60th Birthday of the Amadabo of Finima

Aseme Alabo Dagogo Lambert Brown, the Amadabo of Finima, claims that his entire life, including all of his accomplishments, is a testament to the workings of God’s compassion and mercy.
At his 60th birthday celebration in Finima, Bonny Local Government Area, Rivers State, on Saturday, May 6, 2023, he made this statement, thanking God Almighty for bringing him thus far in life.

Aseme Alabo Dagogo Lambert Brown and his wife, Aseme Alabota Atonye Brown
Aseme Alabo Brown, the Chief and Head of the Buoye Omuso Brown Major House (BOBH) of Finima, described the distinctive characteristics of the Finima Community and stated that “no be me do am, na God” could have created them. My testimony is, “What do I say to God?,” or “Ate duo Tamuno Piribem?”
“As a result, I urge us to praise God slowly. I’m not alone as long as Jesus is here with me. That is my testimony, and it is based entirely on grace. According to the Bible, God, not man, is the one who extends mercy.
THE CELEBRANT, HIS GUESTS

He stated that “there were always those who were better than me or ahead of me,” adding that “from my educational qualifications to ascending the stool as Chief and Head of the Brown House, it was God’s grace that has always propelled me.”

“Mercy and grace go together; grace and faith go together; everything about me is God. Everything I have gone through and experienced in life has been by grace because, when I consider all the locations I have been, from school to being the Amadabo, I see that it is God.

The Chief and Paramount Head of the Edwin Tom-West Chieftaincy House of Buguma, Kalabari Se-Alabo Somina, attended the occasion, which included a vibrant audience. At a meeting held at the Finima Townhall, participants included Edwin Tom-West India, Edwin III, Iwayi-Izi I of the Rumuadaolu Clan, Chief Stephen Atuzie, Pali Alabo Felix Yellow Brown, Pali Alabo Victor Tom Brown, Alabo Senibo Frank Briggs, members of the BOBH Council of Wari-Alapu, as well as elders, women, youths, and locals.
The vicar of St. Patrick’s Anglican Church in Finima, Ven. Promise Jaja, delivered the homily. He urged everyone to follow in the footsteps of Aseme Alabo Brown and “make Jesus Christ our Lord and Saviour” by attending the event.

“I have observed many admirable traits in him, but his love for God is the one that moves me the most. He is quite humble and loves God. His entire existence is centred on God’s grace.

The senior pastor of the Hilltop International Christian Centre, Reverend Chris Oarhe, who was with his wife, Dr. Stephanie Oarhe, proclaimed the anointing of Joshua and Nehemiah on the traditional ruler, and he prayed for divinely bestowed success in leadership, prosperity, and successful strategies.

Senior Pastor, Hilltop International Christian Center, Reverend Chris Oarhe, and his wife, Dr. Stephanie Oarhe

The Head Chief of the Cockeye Brown War Canoe House, Kalaomuso Polo, Alabo Edwin Cockeye Brown, and the Secretary of the BOBH Council of Wari-Alapu, Wari-Alabo Airigha Brown, paid tribute to the celebrant in their well-wishes by listing all of his admirable traits and noble virtues and pledging continued divine protection and direction over him.

Other dignitaries at the event include the Asawo Sibidabo of Buoye Omuso Brown Major House (BOBH, Igbiwari Brown, his predecessor, Tammy Brown, Chairman, Finima Youth Congress (FYC), Shedrack Brown, his predecessor, Charles Brown, Coordinator, National Orientation Agency (NOA), Bonny LGA, Iwarilama Brown, Ex-Chairmen of Bonny Integrated Recruitment Centre (BIRC), Vivian Brown and Aladiokuma Hart, Chairman, Finima Capacity Development Committee (FCDC), Owuna Fenibo, Chairman, Finima Development Committee (FDC), and Chairman, Ayambo Community, Godswill Jumbo, amongst others.

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