The tripartite meeting between the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), Shell Petroleum Development Company (SPDC), Chevron Nigeria Limited (CNL), and the protesters (Ugborodo, Deghele and Ugboegungun communities), have come and gone, with the NUPRC resolute on making its verdict public on Tuesday.
The meeting with Shell held on Thursday, August 31, 2023, at the Abuja headquarters of the NUPRC. On the side of Shell were Dr. (Mrs.) Alice Ajeh (Project Manager of the PIA) and Mr. Odiri Iyaro (Corporate Relations Manager). The 8-man delegation of the three (3) communities were Chief Ayiri Emami (The Ologbotsere of Warri Kingdom), Prince Michael Diden (Ejele), Mr. Mode Akoma, Mr. Smart Edema, Prince Perry Atete, Mr. Isaac Botosan, Prince Yemi Emiko, and Alex Eyengho. On the side of the NUPRC were Engr. Gbenga Komolafe (the Executive Director/CEO), Mallam Sanusi Lamido (Chairman of the NUPRC Panel), Chief Benjamin Ogunjobi (Zonal Head, Warri) and several others.
On the other hand, the tripartite meeting between Chevron, NUPRC, and the three communities held on Friday, September 1, 2023, at the same venue with the same representatives from NUPRC and the communities. Mr. Sam Daibo (Director) represented Chevron.
However, a mild drama ensued, when a former Chairman of the Ugborodo Community Trust, Mr. Augustine Oboroegbeyi, Chief Samuel Koko Omabeyinje, Mr. Oris Onuwaje and Mr. Lemmy gate-crashed the meetings on both days but were turned back on both occasions by the NUPRC. Unconfirmed rumours, however, have it that some of them later on Friday met with only the NUPRC boss, to present their case and documents.
The NUPRC boss, Engr. Komolafe in his opening remarks, stressed that the decision of the commission as the only regulatory body for the implementation of the PIA, shall be strictly on the basis of the extant laws which is the PIA and the accompanying Regulations pursuant to the PIA. He assured participants that after hearing from all parties, the Commission shall make its verdict public before the close of work on Tuesday, September 5, 2023. “Any party not satisfied thereafter is free to approach the court of law,” Engr. Komolafe declared, even as he pointed out that the NUPRC was yet to lose any case since it started operations, despite the fact that it had been taken to court countless times by stakeholders. This feat he attributed to the thoroughness of the commission in discharging its functions.
The NUPRC Panel demanded that Shell should put the meeting up to speed on the journey so far regarding the implementation of the PIA for the protesting communities. Dr. (Mrs.) Ajeh took the floor and narrated how Shell held a series of meetings in the Palace of the Olu of Warri with some persons from the communities. She also pointed out that Shell worked closely with the Olu of Warri all through the process, stressing that the Palace of the Olu was the clearing house for the naming of the Iwere Host Community Development Trust (Iwere-HCDT) and nomination of members of the Board of Trustees said to have been submitted by the concerned host communities of the Iwere-HCDT, which she listed as: Ode-Ugborodo, Ogidigben, Ajudaibo, Madangho, Deghele and Ugboegungun. She revealed that the Iwere-HCDT had since been registered by the Corporate Affairs Commission (CAC) and certificate already issued.
Leading the presentation of the communities in response to Shell was Alex Eyengho. He made it clear that the Holy Books and the guiding principle of the subject matter of the meeting are the Petroleum Industry Act (PIA) itself and the accompanying Regulations, which came about pursuant to the PIA. According to him, Shell has thus far acted ultra vires the PIA and the Regulations in terms of implementation, in this case, the naming of the HCDT, selection, composition and registration of the Board of Trustees of the Iwere-HCDT. He stated with an avalanche of documentary evidence early flags raised to the attention of Shell, Chevron and NUPRC by the protesting communities as early as 2022, on the need to follow stricto senso the extant laws guiding the implementation of the PIA. According to him, while the NUPRC had the courtesy to respond to correspondences sent to it, Shell and Chevron turned deaf ears and blind eyes to all the correspondences sent to them by the protesting communities individually and collectively. He said that the danger in the name given to Shell by the Palace of the Olu of Warri for the PIA, is that all Itsekiri communities are entitled to the benefits of the Iwere-HCDT, since Iwere is the same as Itsekiri. He gave example of how Chief (Mrs) Rita Lori-Ogbebor and 4 other Itsekiris took the Itsekiri Regional Development Council (IRDC) to court and succeeded in getting the court to block the IRDC bank account till date. According to him, despite the fact that Chief Rita Lori is not from any of the 23 host communities listed under the IRDC, she claimed locus on the basis of the fact that the word “Itsekiri” in the IRDC meant that it is for all Itsekiris. He further made it clear that the PIA and Regulations have no role whatsoever for monarchs or palaces, particularly in terms of HCDT registration, composition of any of the three administrative organs, and general implementation of the PIA, which he said is strictly a business between the Setlors (oil companies), host communities with the NUPRC as the regulator. He said that at the time of the tripartite meeting, Shell and Chevron had not come to the communities to consult with and discuss the issue of the implementation of the PIA for the protesting host communities. Instead, both setlors took everything to the Palace of the Olu of Warri, which is unknown to the extant laws guiding the implementation of the PIA. To this end, he said whatever Shell has allegedly done concerning the HCDT for the protesting host communities, is dead on arrival and of no consequences whatsoever. Therefore, he said that the protesting host communities have agreed on the following names of HCDTs to be created for them as far as Shell onshore operations in Ugborodo, Deghele, and Ugboegungun communities are concerned: (a). Otumara Host Communities Development Trust (Otumara-HCDT). This will be made up Ugborodo, Deghele and Ugboegungun communities. This is for the Shell-operated Otumara Flowstation in Warri South-West LGA of Delta State. (b). Ikpere Host Community Development Trust (Ikpere-HCDT). This will be made up of Ode-Ugborodo, Ogidigben, Ajudaibo and Madangho. This is for the Shell-operated Escravos Flowstation, Ogidigben. (c). Saghara Host Communities Development Trust (Saghara-HCDT). This will be made up of Ugborodo and Ugboegungun communities. This is for the Shell-operated Saghara Field. Other members of the delegation who made value-adding contributions to corroborate the lead presention by Alex Eyengho include Chief Ayiri Emami, Prince Yemi Emiko, Prince Michael Diden, Mr. Isaac Botosan, Prince Perry Atete, and Mr. Smart Edema.
In the same vein, the NUPRC Panel demanded Chevron to put the meeting up to speed on the journey so far regarding the implementation of the PIA for the three protesting communities. Mr. Sam Daibo took the floor and disclosed that as a strategy for the implementation of the PIA, Chevron did it on ethnic basis and approached the Olu of Warri, “being the only King of the Itsekiri,” to help facilitate and coordinate the entire implementation process. He said that was why all the meetings with the host communities and decisions held and took place in the Palace of the Olu of Warri. He further disclosed that the Warri Kingdom Onshore Host Community Development Trust and the Warri Kingdom Offshore Host Community Development Trust are at the advanced stages of registration at the Corporate Affairs Commission (CAC), with members of the Board of Trustees nominated by the communities and approved by the Olu of Warri.
Leading the presentation of the communities in response to Chevron was Mr. Mode Akoma, who did not beat around the bush. He said the two names given to Chevron by the Olu of Warri are unacceptable to the protesting communities and went ahead to list the following names agreed upon by the protesting communities for Chevron onshore and offshore operations in the protesting communities: (a). Ikpere Host Community Development Trust (Ikpere-HCDT). Made up of Ugborodo and Ugboegungun host communities. This is for the Chevron-operated Tank Farm in the Warri South-West LGA of Delta State. (b). Abiteye Host Community Development Trust (Abiteye-HCDT). Made up of Deghele, Bateren, and Omadino communities. This is for the Chevron-operated Uton Nanna, Makarava, and Abiteye Fields in the Warri South-West LGA of DeltaState. (c). Concerned Coastal Community Dwellers Host Communities Development Trust (Concerned Coastal-HCDT). To be made up of 47 communities, split into 6 Blocks. All in the Warri South-West LGA of Delta State. (d). Concerned Deep Sea Communities Host Community Development Trust (Concerned Deep Sea-HCDT). To be made up of 47 communities. All in the Warri South-West LGA of Delta State. Others who made value-adding contributions to corroborate the presentation of Mr. Akoma include Prince Yemi Emiko, Prince Michael Diden, Chief Ayiri Emami, Mr. Isaac Botosan and Alex Eyengho who maintained the fact that Chevron, like Shell, completely jettisoned the extant laws guiding the implementation of the PIA in terms of naming, constituting and registering the Board of Trustees with the CAC. He added that apart from the fact that the names should be changed to reflect the ones proposed by the protesting communities as read out by Mr. Akoma, the composition of members of the Board of Trustees, should equally be changed both for the Shell and Chevron HCDTs. According to him, apart from the fact that names of some persons were removed by the Palace of the Olu of Warri, most of those listed as Trustees are unknown to the communities and far away from home, with some of them living permanently and working in foreign countries, which in itself is against the extant laws of the Corporate Affairs Commission (CAC).
Suffice it to say that before the delegation of the protesting communities travelled to Abuja for the Tripartite meetings on Thursday and Friday, they had earlier on Wednesday honoured the invitation of the Delta State Governor, His Excellency, Sheriff Oborevwori to a meeting, which held in the Governor’s office, Asaba, with the Secretary to the State Goverment, Kingsley Emu and a few other Commissioners in attendance. The Governor simply begged the protesting communities not to shut down the Shell-operated Otumara Flowstation, even as he thanked them for their peaceful conduct all through the week-long protest. The Governor promised to call for a follow-up meeting with the same delegation in a week’s time after their return from the tripartite meeting in Abuja with the NUPRC and Shell/Chevron.
