A Rivers State High Court sitting in Port Harcourt has ordered the Nigeria Agip Oil Company, NAOC, to pay 15% of its interest on its operation on Mgbede-5 flowline in Mgbede to Oseugboloro village in Ogba/Egbema/Ndoni Local Government Area of the state. The court, also ordered Agip to pay the sum of N5,000,000.00 forthwith as exemplary damage for entering the claimants’ farmland without going through the families, and for the inconvenience caused the village. Princewill Ejekwe as first claimant, Maxin Ejekwe as second on behalf of themselves, their immediate family and Oseugboloro village in Mgbede clan had dragged Agip to court claiming the lawful ownership of Oseugboloro farmland where the defendant’s (Agip) flowline is situated.
The claimants in suit OHC/72/2009 prayed a declaration of court that they (claimants) are lawful owners of Oseugboloro farmland and that entering of the area by Agip without their consent was unlawful. A declaration that the family is entitled to payments of benefits of the said land, praying a perpetual Order of injunction of the court stopping Agip from paying compensation of the land to any other except them, the claimants. They also prayed the court for an adequate compensation to the claimants by Agip for the unlawful entry of their farmland and that N750,000 charge be paid to them for prosecuting the action.
The claimants further sought the court to order Agip to pay N5,000,000.00 as exemplary damage for the use of their farmland without consent and as compensation for the pain they incurred in prosecuting the matter, and a declaration that 21% equity of the company on the operation on the affected facility be paid per-annum. However, the presiding judge, Justice G.C Aguma, in his judgment granted all the six reliefs sought by the claimants, ordering Agip to pay the N5,000,000.00. Aguma expressed satisfaction that the claimants were able to prove their case that the said landed property where Agip operated belonged to them, adding that the firm operated without consulting the land owners.
He ordered Agip to pay benefits accruing from the use of the landed property to the claimants only, mandated Agip to pay 5m as exemplary damage for entering the land. Aguma further ordered Agip to pay 15% interest of its operation on the flowline per-annum to the family.
