Tag: agip

  • Buhari hails NNPC, Agip, Oando

    Buhari hails NNPC, Agip, Oando

    President Muhammadu Buhari has praised the Nigeria Agip Oil Company (NAOC)  and its partners, Nigerian National Petroleum Corporation (NNPC) and Oando, for the Green River Project (GRP) which has covered over 120 rural communities and empowered over 35,000 farmers. GRP is the firm’s agric intervention project.

    In an audio-visual message to an agricultural exhibition and Farmers’ Day, organised by NAOC, Buhari explained that the company’s GRP had become more important “now that oil has ceased to be the nation’s cash cow. We have no option, but to turn to agriculture. Diversification of our economy is no longer something to pay lip service to,” he said.

    He unfolded the government’s agricultural development programme aimed at attaining self-sufficiency in food production and yearly export of 10 million tonnes of grains and processed food by 2019  to farmers from Bayelsa, Delta, Imo and Rivers states during the celebration.

    The return of marketing corporations is to serve as the main platform of the government’s programme which is also expected to lead to the development of 740,000 market-oriented young agricultural producers from among unemployed youths.

    In the speech delivered on his behalf by the Permanent Secretary, Federal Ministry of Agriculture, Mr Sonny Echono, the President said government’s strategies include: establishment of Youth Employment in Agriculture Programme (YEAP), which will benefit 20,000 school leavers and rural youth leaders in each state of the federation and develop 18,500 university graduates into young agribusiness entrepreneur called “nagropreneurs” and Agricultural Equipment Hiring Enterprises (AEHEs) – a private sector led mechanisation programme which will inject a total of 6,000 units of tractors and implements, 15,000 power tillers, 20,000 planting and postharvest equipment to mechanise an estimated four million hectares of land nationwide.

    The Italian Ambassador to Nigeria, Mr. Fulvio Rustico  described the GRP of NAOC as a means to re-enforce a healthy relationship and cooperation between his country and Nigeria.

    The Chairman of NAOC, Mr. Ciro Antonio Pagano with his Vice, Massimo Insulla in their respective remarks spoke on the impact of GRPin the four stakeholder  states.

    They also spoke about the potential of the Project becoming a pivot for the development of the agric sector in Nigeria as it will serve as a major platform for knowledge sharing among farmers, academia, public extension services and agro allied industry.

  • Buhari hails NNPC, Agip, Oando on agri programme

    President Muhammadu Buhari has praised the Nigeria Agip Oil Company (NAOC)  and its partners, Nigerian National Petroleum Corporation (NNPC) and Oando, for the Green River Project (GRP) which has covered over 120 rural communities and empowered over 35,000 farmers. GRP is the firm’s agric intervention project.

    In an audio-visual message to an agricultural exhibition and Farmers’ Day, organised by NAOC, Buhari explained that the company’s GRP had become more important “now that oil has ceased to be the nation’s cash cow. We have no option, but to turn to agriculture. Diversification of our economy is no longer something to pay lip service to,” he said.

    He unfolded the government’s agricultural development programme aimed at attaining self-sufficiency in food production and yearly export of 10 million tonnes of grains and processed food by 2019  to farmers from Bayelsa, Delta, Imo and Rivers states during the celebration.

    The return of marketing corporations is to serve as the main platform of the government’s programme which is also expected to lead to the development of 740,000 market-oriented young agricultural producers from among unemployed youths.

    In the speech delivered on his behalf by the Permanent Secretary, Federal Ministry of Agriculture, Mr Sonny Echono, the President said government’s strategies include: establishment of Youth Employment in Agriculture Programme (YEAP), which will benefit 20,000 school leavers and rural youth leaders in each state of the federation and develop 18,500 university graduates into young agribusiness entrepreneur called “nagropreneurs” and Agricultural Equipment Hiring Enterprises (AEHEs) – a private sector led mechanisation programme which will inject a total of 6,000 units of tractors and implements, 15,000 power tillers, 20,000 planting and postharvest equipment to mechanise an estimated four million hectares of land nationwide.

    The Italian Ambassador to Nigeria, Mr. Fulvio Rustico  described the GRP of NAOC as a means to re-enforce a healthy relationship and cooperation between his country and Nigeria.

    The Chairman of NAOC, Mr. Ciro Antonio Pagano with his Vice, Massimo Insulla in their respective remarks spoke on the impact of GRPin the four stakeholder  states.

    They also spoke about the potential of the Project becoming a pivot for the development of the agric sector in Nigeria as it will serve as a major platform for knowledge sharing among farmers, academia, public extension services and agro allied industry.

  • Imo accuses Agip of neglect

    Imo accuses Agip of neglect

    The Imo State government has criticised the Agip oil company, accusing it of neglecting its host communities.

    It described the firm’s alleged action as intentional and unbelievable.

    The state Deputy Governor Eze Madumere who stated this during the 19th Farmers Day celebrations hosted by the oil company at the Green River Project Plant Propagation Centre in Ogba-Egbema, Ndoni Local Government Area of Rivers State, noted that it was the first time the  state would be invited for such an important event as an oil-producing state.

    He recalled that the poor management of the pollution caused by the explosion of two crude oil storage facilities of the Firm polluted the source of water of about 13 communities in Egbema, one of the oil producing communities in the state, adding that it was the intervention of the State government that restored peace in the community.

    Madumere who appeared angry, said that it will be difficult to vouch for AGIP when it comes to the issue of Corporate Social Responsibility, as a result of its dealings with the host communities in the state.

    He described as surprising the fact that the firm has been teaching latest farming techniques, offering extension services and micro credit to farmers in over 120 rural communities without including any community in the state.

    The Deputy Governor also condemned the nonchalant attitude of the company in keeping the agreements reached with the host communities, especially as it concerns employment.

    He called on the company to review its modes of operation and relationship with Imo people, urging the company to open an operational office in the state.

     

  • AGIP on the pathway of ecocide

    If environmental sustainability is to be achieved in Nigeria there must be transparency and accountability especially in the oil and gas sector.

    Once more, we wish to draw the attention of the government and general public’s attention to the reckless oil extraction in the Niger Delta. The oil companies’ impunity and non-adherence to best practices over the years has ruined the Niger Delta environment. Since 1956 when oil extraction began, gas flaring and frequent oil spills have been the order of the day. Added to this is the tragic and frequent pipeline blowouts that occur almost on a daily basis from oil and gas operations.  A case in point is the recent Agip Azuzuama tragedy of July 2015 which claimed 14 lives while others sustained serious injuries. The environment was devastated and rural livelihoods destroyed.

    The Azuzuama incident stands out as a metaphor of oil incidents by oil companies like Agip operating in the region. Not only has the Nigerian Agip Oil Company (NAOC) been implicated in the burning of oil spill sites in the past, fire outbreaks during repair works have been commonly associated with the company. The records of such frequency are well known to Agip and the regulators.

    Broadly, this press briefing sets out to address three main issues of ecocide, a call for probe of Nigerian Agip Oil Company (NAOC) operations, and the need for remediation and adequate compensation for victims. It firmly adduces evidence and a case of ecocide against Agip.

    A Case of Ecocide

    Agip’s operation fields are crime sites tantamount to ecocide. As an environmental advocacy group that has been monitoring the environment for over two decades, we have observed a consistent trend of Agip’s pipeline explosions and death. Environmental destruction and needless death have continued to trail the company’s operations from 1995 to the present.

    Before we turn to the incident which claimed several lives in 2015, perhaps more pathetic is the Agip Ozochi tragedy which claimed at least 7 workers attempting to clear a major spill by a state of the art technology of spade and bucket.  The spill occurred in early June 1995 and eventually 7 persons were roasted while clearing oil spills using spade and bucket. When the spill occurred, Agip reacted by contacting DAEWOO, a contracting firm for the clean up. The firm in turn hired 20 unskilled labourers from Ozochi, Odua, and without any supervision from Agip or DAEWOO and without any training and proper clean up kits, they were mobilized to site on 25 June. As instructed, they dug pits into which they transferred the crude oil in order to set it ablaze later. During a short break at noon, one of the crew members decided to smoke a cigarette. He struck a match and the entire spillage site erupted in flames. 14 of the labourers were instantly trapped in the inferno, and 5 men died on the spot. The four unhurt labourers working about 100 metres away carried the injured to the nearest community 10 kilometres away and two of the injured later died in the community. The seven injured were later admitted at Ahoada General Hospital. This was in addition to destruction of the environment, farmlands and biodiversity.

    It will be interesting for Agip to tell the world its level of responsibility and liability and what preventive measures were taken. Was there any adequate clean up and compensation to the bereaved families these past years?

    On 13 May 2000, 6 youths died in a tragic incident which occurred in Etieama community in Nembe Local Government Area during a clamping operation on a ruptured section of Agip’s Brass-Ogoda pipeline. The incident is said to have been caused by spark from a machine used during the clamping.

    On Sunday, 29th July, 2012 a similar incident happened along Agip’s pipeline within Ayamabele/Kalaba community environment, in Okordia clan, Yenagoa LGA. 16 individuals were lucky to have escaped when a fire was ignited in the process of the clean up. They fled the scene of the fire eruption.

    Death by Fire: A Case of Agip’s Equipment Failure and Negligence

    On 9th July 2015 Agip’s facility exploded with massive fire along Tebidabe-Clough Creek pipeline at Azuzuama in Bassan Clan Southern Ijaw LGA, Bayelsa state. The incident occurred during a Joint Investigation Visit to a damaged section. ERA Field Monitors discovered on site that:

    1. Agip’s Tebidabe-Clough Creek pipeline and explosion is clearly a case of negligence due to equipment failure while attempting to clamp a leaking oil pipeline by substandard and crude methods,
    2. The oil pipeline may have remained active and never shut down while repair effort was on-going thereby putting lives at risk and placing production as more important than safety of those working at the repair site,

    iii.       There was no ‘Fire Man’ or fire service personnel in the team who could have put off the fire while it was still little rather than the crude method of scooping mud filled petrol,

    1. Although the site was a difficult terrain and muddy, there were no precautionary measure or escape plan put in place in the event of fire.

    When the explosion and fire finally occurred as a result of scooping mud filled petrol to quench the building sparks of fire, 14 people were roasted alive instantly. They included a Nigerian soldier, an official of the Bayelsa State Ministry of Environment, an official of the regional NOSDRA office, Agip staff and community youths. Till date, the full list is yet to be made public. Up till date, Agip is yet to respond officially and publicly on the incident.

     

     

    Although a few meetings have been held with family representatives of the deceased, nothing tangible has been done in terms of responsibility and liability. Agip’s insensitivity and delay is highly unacceptable.

    The following are the victims of the explosion whose death occurred on July 9th:   Mupe Afoh Anthony   (HSE-NAOC-Florina); Matthew Iyom      (CRV Supervisor –NAOC Crest); Godspower Okorosei (Vowgas Welder); Promise Kpora (Vowgas Pipe Fitter);        Michael Izeku (Vowgas Store Keeper); Longinus Dum         (Vowgas HSE);  Ositadinma Ugwu  (NOSDRA);           Theophilus Duabo               (BYSMENV);                 Amos Omereji      (Helper);                Undo John             (Vowgas Pegger);  Epunumokumo Linus (Community Man);   Corporal Audu Rikoto         (Vowgas Gunboat); Eze Akpojota    (Vowgas Swamp Buggie Mechanic); and another whose name is yet to be disclosed.

    That this trend is normal occurrence to oil companies particularly Agip has been shown in the cases presented. Doubtless, a clear pattern of ecocide and criminal liability has been observed in Agip’s operations in the Niger Delta. If a CEO of an oil company persistently takes decisions that consistently undermine human and environmental health across a period of time, this crime is tantamount to ecocide and crime against humanity. The incident in Azuzuama is yet another sad episode from NAOC operations as the testimonies from bereaved families and officials of the Bayelsa State Ministry of Environment also show.

     

    Pathway to Revocation of Agip’s

    Operational License

     

    The impunity and flagrant disregard for environmental regulations by Agip has resulted in massive environmental degradation and destruction of rural livelihoods over several decades of its operation in the Niger Delta. The laws governing oil spills and prevention of environmental degradation and security of lives and property have been severely compromised. As in other cases, the vegetation, trees and cash crops and livelihoods on both sides of the pipeline covering several hectares were severely burnt. Certainly, Agip is not meeting their own internal rules. They are also not meeting the regulations and laws of the Federal Republic of Nigeria. The state of the art clean up technology remains the crude setting of oil spills ablaze. We demand the revocation of the operational license of Agip for their persistent and criminal liability in the frequent fire explosions and deaths recorded.

     

    As an environmental advocacy group monitoring the environment over two decades, again, we observe incontrovertibly a consistent trend of Agip’s pipeline explosions leading to needless death that have trailed the company’s operations since 1995. These incidents can be traced mostly to negligence and equipment failure and the substandard mode of clamping procedures. As a result we call on the Federal and state governments to set up an investigative panel to review Agip’s operations as well as its spill contingency plan and protocols, which have so far put production and profit at the fore and left safety at the back seat.

     

    Remediation and Compensation

    Although a few meetings have been held with family representatives of the deceased, nothing tangible has been done in terms of responsibility and liability. Agip’s insensitivity and delay is highly unacceptable.Beyond the need for investigation, Agip must provide public response to the frequent fire explosion incidents, and conduct immediate clean up and environmental remediation. While a price cannot be placed on the loss of human lives, we urge the payment of the sum of US$2 million each to the families of the bereaved since their bread winners have been taken away from them abruptly. This will also serve as a deterrent to Agip and other oil companies on the need to put lives first before profit.

     

    Constitutional Review of the Legislative Duty of states on the Environment

     

    At present state level environmental responsibility on oil matters is almost nil. One major constraint is that while the environment is in the Concurrent List of the state and federal government, oil and gas and allied matters are the exclusive preserve of the federal government. This lacuna is making the state woefully handicapped in this regard. This issue requires immediate legislative action for reform and expansion to include the jurisdiction of states on oil and gas matters in order to proactively safeguard the environment, lives and property.  

    • Ojo is Executive Director, ERA/FoEN
  • Fed Govt intervenes in Agip, Arco feud

    Fed Govt intervenes in Agip, Arco feud

    Resolution of the  conflict between the local arm of the Italian oil giant, Nigerian Agip Oil Company (NAOC) and an indigenous oil service company, Arco Petrochemical Engineering Company, a subsidiary of Arco Group, over the maintenance of the  OB-OB/Kwale/Ebocha gas plant contract, is in sight as the Presidency has intervened to restore peace, it was learnt.

    The project is owned by the Nigerian National Petroleum Corporation, Agip (NNPC/Agip) Joint Venture (JV).

    The case was brought before a Federal High Court in Port Harcourt presided over by Justice Lambo Akambi, a few months ago. Also the immediate past administration tried to resolve the feud, and the Port Harcourt zone of the National Union of Petroleum and Natural Gas Workers (NUPENG). The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), had threatened to embark on strike, all aimed at seeing an end to the prolonged dispute, yet the case remained unresolved.

    A source at the Petroleum Resources Ministry told The Nation in confidence that current intervention by the Presidency will yield result and will not only save the emerging Nigerian content from collapse but also the nation’s oil industry.

    The Agip-Arco faceoff started when Agip refused to renew an interim contract for Arco for the maintenance of the OB-OB/Kwale/Ebocha gas plant turbines. Arco had been a sub-contractor to the project since 2006, when the Board of the NNPC awarded a five year contract ending in 2011 to the duo of the then Nuovo Pignone, now GE, and Arco as the local technical partner.

    On expiration of the 2006/2011 contract, another five-year contract was being processed after the necessary tender process. But pending conclusion of the tender, an interim or stop-gap maintenance contract is expected to be awarded to the contractor on site, which is Arco/GE or Arco as the local technical partner. The essence of the interim contract is to keep the gas plants under proper maintenance. However, after inconclusive discussions on the tender for the stop-gap contract by GE and Arco with the JV Partners, the National Petroleum Investment Management Services (NAPIMS) an arm of NNPC and NAOC (NAPIMS/NAOC), NAPIMS asked GE and Arco to individually submit quotes. NAPIMS found Arco’s quote lower than GE’s, it was learnt.

    However, Agip reportedly awarded the contract to a Nigeria-based Italian-managed company called Plantgeria Company Limited without regards to due process and Nigerian Content but Agip said Plantgeria offered the best commercial bid of US$10million per annum as against Arco’s US$37million per annum.

  • Agip withdraws ARCO workers from facility despite court order

    Agip withdraws ARCO workers from facility despite court order

    There management of Nigerian Agip Oil Company (NAOC) Limited may have violated a Federal High Court’s order that the status quo be maintained in a matter between the company and its contractor, ARCO Group Plc.

    Agip reportedly terminated the contract and ordered ARCO’s workers out of its facilities in Obrikom (OBOB)/Ebocha/Kwale, all in Ogba/Egbema/Ndoni Local Government Area of Rivers State.

    It was also learnt that the company transferred the contract to a foreign firm, Plantgeria Limited, despite the subsisting court order.

    In the suit, ARCO challenged the alleged wrongful transfer of its contract to Plantgeria Plc without due process and regard for Nigeria’s Local Content Act, 2010.

    Justice Lambo Akanbi of the Federal High Court, sitting in Port Harcourt, the Rivers State capital, at the last sitting on June 30, urged the parties to maintain the status quo, pending the determination of motion on jurisdiction raised by Agip.

    The matter has been slated for hearing in October and the order was reportedly served on the parties.

    But on July 7, Agip reportedly ignored the court order and withdrew ARCO’s workers from its (Agig’s) processing plant – the major work ARCO handles for Agip – and replaced them with Plantgeria workers.

    ARCO’s workers have been stranded since, although they have been reporting for duty.

    On July 28, the Federal High Court sent its Sheriff, Ayo Agboola, to appeal to Agip not to disrespect the court’s ruling but allow ARCO’s workers to continue their duties until the matter before it was concluded.

    Efforts to reach Agip’s officials for their reaction were unsuccessful last night.

     

     

  • Reps to investigate Agip, other oil firms

    The House of Representatives has resolved to investigate the state and age of the operational equipment of oil- producing companies in the country.

    The resolution, which was passed sequel to the adoption of the prayers of a motion by a member Goodluck Opia (PDP-Imo), is meant to reduce the spate of oil spill and environmental pollution in the Niger Delta region.

    While arguing on the need to investigate oil pollution in Ohaji-Egbema and Oguta Local Government Areas of Imo state, the lawmaker described the affected areas as operational base of Agip Oil Company.

    He pointed out that the areas suffered avoidable oil spillage and fire explosions.

    According to him, there is the need to investigate the state of equipment used by Agip Oil Company in its 50 years of operations in the communities.

    Opia told the House that “virtually all oil companies operating in the Niger-Delta region use substandard and outdated equipment that are unsafe and pollute the environment and they also have little regard for the safety of lives and property of the host communities.”

    While supporting the motion, another member, Aliyu Magaji (APC-Jigawa) said there was need to constantly monitor activities of the oil companies to ensure compliance with the extant laws regulating their operations.

    Magaji said: “There is need to find out if these oil companies are actually doing what they are supposed to do.

    “There is also need to ensure their facilities are monitored to guarantee they are up to standard and this is crucial in averting poor maintenance services.”

    However, Lovette Idisi, (Delta-PDP) cautioned that it would be judgmental to state that the equipment used by Agip Oil Company are obsolete, adding that it would be putting the cart before the horse as the proposed investigation was yet to commence.

    Speaker Yakubu Dogara in his ruling said the investigation into the remote and immediate cause of the incident will be carried out by an ad hoc committee to be set up by the House.

    The committee, he said, will also investigate damages caused to the host communities and determine the state of operational equipment used by Agip Oil Company and other oil producing companies in the affected areas.

    The committee has four weeks to report back to the lower chamber.

  • Explosion: Bayelsa demands forensic investigation, knocks Agip

    Explosion: Bayelsa demands forensic investigation, knocks Agip

    Bayelsa State Government has called for a forensic investigation into the explosion that rocked a pipeline belonging to the Nigerian Agip Oil Company (NAOC) at Azuzuama, Southern Ijaw local government area of the state.

    At least 13 people, including an employee of the state Ministry of Environment and security personnel, were killed in the incident.

    Four other persons were also seriously wounded.

    Rattled by the development, the state’s governor, Seriake Dickson, on Thursday summoned officials of NAOC to Yenagoa for an emergency meeting. But the managing director of NAOC was absent at the meeting.

    The governor expressed displeasure over reports accusing the company of lack of compliance to environmentally accepted standards in its operations in the state.

    He vowed to explore all legal means to seek redress on the sad incident and serial abuse of environment if outcome of the final report by the investigating team indicts NAOC.

    He said the team had been constituted and it comprised experts from all relevant agencies.

    The governor urged oil companies and other corporate organisations to operate in line with international standards.

    He expressed dismay at the absence of NAOC’s managing director at the meeting, saying that henceforth he would want to relate directly with the Chief Executive Officer when discussing weighty issues.

    He consoled the families that lost their loved ones to the incident and restated his administration’s commitment to the protection of the environment against any further destruction by oil companies.

  • AGIP accused of defying court order

    The Chairman, Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), Arco Group Plc Branch, Mr. Amadike Clinton, has accused the Nigeria Agip oil company of ordering Arco staff to hand over to a firm, Plantgeria, following a dispute.

    He said the oil firm allegedly denied them access to the process area of the gas plants where they work.

    The union leader lodged a  complaint at the Port Harcourt branches of  the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and PENGASSAN, warning that Arco’s workers faced further threat of final eviction from the entire plant anytime soon.

    According to him, the union is aware of a subsisting court order made on June 30, directing all parties to maintain status quo.

    He said it was shocking that Agip, an Italian company, could allegedly disobey the order of a Nigerian court.

    Such action, he added, could create a bad precedent if the oil firm is not called to order.

    The Federal High Court in Port Harcourt, on June 30, ordered parties to maintain status quo in the suit filed by Arco Group against Agip and others.

    Justice Lambo Akanbi said nobody should take any action that could foist a state of helplessness on the court while the case is pending.

    He had adjourned till October 26 when he will rule on whether he has jurisdiction to determine the suit.

    The Nigerian National Petroleum Corporation (NNPC), Conoco Philips Petroleum Nigeria Limited and the National Petroleum Investment Management Services (NAPIMS) are the other defendants in the suit.

    The plaintiff, among others, is praying the court to determine if it was not entitled, being a Nigerian company, to the exclusive right to be considered and granted contract including any extension of its duration.

    It wants the court to determine whether, in view of the provision of section 3 (2) and (3) of the Nigerian Oil and Gas Industry Content Development Act, 2010, having demonstrated ownership of equipment, personnel and capacity to execute the task of performing the contract for the maintenance of equipment at Agip’s gas plants at OB/OB, Ebocha and Kwale, it is entitled, being a Nigerian company, to the exclusive right to be considered and granted such contract, including any extension of its duration.

    The judge  had asked parties to maintain status quo until the determination of the matter.

    “Counsel in this matter are accordingly advised to advise their clients to maintain status quo. Since nobody is doing anything to frustrate the matter, parties are advised to maintain status quo while the case is adjourned till October 26, 2015,” Justice Akanbi said.

    Agip was said to have, on July  7, ordered Arco’s workers to hand over to Plangeria, which the workers said was against the order of the court.

    Going by the latest development, the plaintiff may commence contempt proceedings against Agip’s directors as the court has a duty to commit an individual to prison for contempt when they deliberately fail to carry out such orders.

  • High Court orders status quo in Arco, Agip dispute

    The Federal High Court in Port Harcourt, the Rivers State capital, has ordered parties to maintain status quo in the suit filed by Arco Group Plc, against the Nigerian Agip Oil Company Limited and others.

    Justice Lambo Akanbi said nobody should take any action that could foist a state of helplessness on the court while the case is pending.

    He had adjourned till October 26 when he will determine his jurisdiction over the case.

    The Nigerian National Petroleum Corporation (NNPC), Conoco Philips Petroleum Nigeria Limited and the Nigeria Petroleum Investment Management Services (NAPIMS) are the other defendants in the suit.

    The plaintiff wants the court to determine whether, in view of the provision of section 3 (2) and (3) of the Nigerian Oil and Gas Industry Content Development Act, 2010, having demonstrated ownership of equipment, personnel and capacity to execute the task of performing the contract for the maintenance of equipment at Agip’s gas plants at OBOB, Ebocha and Kwale, it is entitled, being a Nigerian company, to the exclusive right to be considered and granted such contract, including any extension of its duration.

    Justice Akanbi had adjourned hearing on the application following a motion for extension of time by Agip’s lead counsel Chief Charles Ajuya (SAN), who is challenging court’s jurisdiction.

    Lead Counsel to Arco, former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN), reminded the court that it gave two rulings on June 2, one of which was that the first defendant’s counsel had not filed a memorandum of appearance before the court.

    He argued that the issue of appearance was critical and should be resolved first.

    When Ajuya said he had filed a motion asking for extension of time to file the memorandum of appearance, Olanipekun, who led Beluolisa Nwofor (SAN) and  Albert Akpomuje for the plaintiff, insisted the condition must be fulfilled first.

    “There is a condition precedent that must be fulfilled before the issue of jurisdiction can be raised either by the court or the defendant. I am only saying the defendant can’t be heard. We have not been served his memorandum of appearance. I want an even ground. I am not saying they should be shut out,” he said.

    The judge had asked both parties to maintain status quo until the determination of the matter.

    Explaining the directive to journalists, Olanipekun said: “The implication is that we should respect the processes that are before the court in the sense that when a court of law is seized of a matter, no party is expected to make an effort or any attempt at all to do anything that will negate what order the court will eventually make, or nobody should do anything at removing the res (subject matter of the suit) or touching the res; the res should remain intact until the court finally decides.

    “The res relates to the Nigerian Content Act, an indigenous content act, an act that is made to protect Nigerians. It is about preserving Nigerians who are protected by that Act.”

    Olanipekun told the court that the Agip had not served his team a copy of the motion seeking an extension of time to enable them to file memorandum of appearance.

    The judge, however, described Ajuya’s application as safe, saying: “It is a harmless oral application from the bar that all parties should remain where they are. I don’t see why all parties should not concede to this harmless appeal.

    “Counsels in this matter are accordingly advised to advise their clients to maintain status quo. Since nobody is doing anything to frustrate the matter, parties are advised to maintain status quo while the case is adjourned till October 26, 2015.”

    Arco is challenging Agip’s authority not to carry out NNPC’s directives that a stop-gap contract should be awarded to Arco for the maintenance of the OBOB, Kwale and Ebocha gas plants.

    NNPC, the majority shareholder of the NNPC/NAOC joint venture, had directed that the contract to Arco should subsist pending the conclusion of the processes leading to an award of a replacement  “four plus one-year” contract  for the maintenance of the gas plants.

    The plaintiff, a leading indigenous engineering maintenance and services company, is challenging Agip’s decision to award the contract to a company with alleged Italian roots and antecedents.

    It said the company had no demonstrable technical capacity or track record to execute the task, and had not shown that it owned the requisite equipment and Nigerian personnel for the purpose, contrary to the provisions of the Nigerian Local Content law.

    Earlier on June 2, the judge had struck out a preliminary objection by Agip . The  Justice held: “It is true that from the record of the court, the first defendant did not file a Memorandum of Appearance before filing the notice of preliminary objection.  The consequence is that they took that step in violation of the provisions of order 29 rules (1) and (2) of the Court Rules.

    “That is a defect which, in my respective view, is fundamental to the defendant filing their notice of preliminary objection.  The end result is to strike out the preliminary objection for being incompetent.”

    Having struck out Agip’s objection, the judge invited the parties to address him on whether or not  the court had  jurisdiction to entertain the suit. He ordered written addresses and adjourned the case to June 30.

    Olanipekun had expressed surprised that that  Agip’s counsel was yet to file the Memorandum of Appearance despite the ruling.

    He stated that one month had elapsed since the ruling, but no memorandum of appearance had been filed and served on Arco.

    The senior advocate said one month was enough to file a memorandum of appearance, adding that it would be an irregular procedure to allow Ajuya to address the court.

    Ajuya had informed the court that the business of the day was argument on the issue of jurisdiction and he was prepared to commence the proceedings.

    But Olanipekun insisted that entry of appearance was a fundamental issue which was not to be trivialised, and was a foundation of Agip case.

    After listening to both counsel, the judge ruled that compliance with the requirements of the court’s rules for filling a memorandum of appearance was a condition precedent for entertaining the address on the issue of jurisdiction, or indeed any other steps Agip’s counsel intended to take in the matter.

    Olanipekun then prayed the court to impress it on the parties that the status quo must be maintained.

    Ajuya urged the court to reject the prayer on the grounds that it amounted to a motion that had not been properly brought before the court and the fact that Olanipekun had also not brought any complaints against his client before the court on the issue.

    It was then the judge warned that he would not allow a situation in which any of the parties to the suit would take any steps, or carry out any acts capable of undermining the status of the case whilst a determination of the issue of jurisdiction was still pending.

    He, therefore, ruled that all the parties to suit must maintain status quo.