Akwa Ibom oil spill: Appeal Court hears cases of NHRC, AKIPCON against coys
The Court of Appeal, Calabar Judicial Division sitting in Uyo has heard all the cases filed before it by the National Human Rights Commission of Nigeria (NHRC) in collaboration with Akwa Ibom Oil Producing Community Development Network (AKIPCON) against oil companies operating in Akwa Ibom.
This followed complaints of human rights violations and abuses by AKIPCON to the National Human Rights Commission of Nigeria (NHRC)in 2016 reporting the harmful economic activities of oil exploration companies operating in Akwa Ibom State and its environs.
Speaking with newsmen shortly after the sitting, the leading counsel for NHRC and AKIPCON, Barrister Cornelius Gbehe said that the legal team has argued all the four appeals in respect of environmental pollution, destruction of lands and exploitation of the people of the state, stressing that it was contrary to Article 21(5) of the African Charter on Human and People’s Right.
Gbehe, who hinted that the Court reserved the matters for judgment at the later date, added “that the Federal High Court, Uyo erred in its judgment when it held that environmental pollution and land degradation arising from oil production is not within the purview of the National Human Right Commission,whereas,Section 19 of Oil Pipeline Act gives jurisdiction to Magistrate Court or the High Court to handle matters arising from spillage from oil pipeline.
“Also, Section 20 (2) of the said Law provides that if any damage is done to buildings, crops or profitable trees, it is the Magistrate Court or the High Court in that Area that can assume jurisdiction,”
According to him, if the pipeline breaks and oil spills, the Magistrate Court can handle the matter within its monetary competence, but if the money is too much, the High Court in that place can assume jurisdiction.
Gbehe noted that the National Human Rights Commission has the right to investigate all allegations bordering on human rights abuses and violations as provided for in African Charter on Human and Peoples’ Rights and other International Conventions which Nigeria is a signatory.
Reacting to the case, the President General of AKIPCON, Dr. Ufot Phenson decried explorative activities of oil and gas companies operating in Akwa Ibom State which have impacted negatively on oil producing communities in particular and other Local Government Areas in general causing a lot of destruction to the people means of livelihoods, economic trees, farmlands, aquatic life, human health as well as human rights problems.
Phenson said that it was due to the alarming harmful economic activities of oil companies suffered by the people of the State that warranted AKIPCON to petition the National Human Right Commission who set up a Special Investigation Panel (SIP) to Investigate Oil Spillage, Environmental Pollution and Human Rights Implications in 2016.
He appealed to its executive members, coordinators in the 31 LGAs of the Akwa Ibom State, Liaison Officers and the entire people of Akwa Ibom State to support AKIPCON through fasting and prayers for a successful outcome of the struggle.
