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Tag: compensation

  • Ogun pays N20m compensation to farmers

    Ogun pays N20m compensation to farmers

    The Ogun State Government has paid N20 million compensation to farmers whose crops were affected by some infrastructure development.

    About N20 million was paid to 151 farmers in Itoku Elewe Irepodun Community in Kobape, Obafemi Owode Local Government Area of the state.

    The farms of the beneficiaries were affected by a new housing scheme to be located in the area.

    Presenting the cheques to farmers in the first 50-hectare land acquired, Commissioner for Agriculture, Mrs. Ronke Sokefun said the Senator Ibikunle Amosun-led administration was passionate about agricultural development and would have not tampered with their crops.

    She, however, said the government had to take the painful decision of taking over the farmlands because it was necessary, saying the scheme would help open up the area and attract more people that would enhance their socio-economic status.

    “We are very much aware that your crops are important to you, and we know that farming is your major source of income, as matter of fact, agricultural development for food production and industrialisation remains one of our five cardinal programmes, but we also need the land to pursue another cardinal programme, housing. At the end of the day, it would be a win-win situation as the housing scheme would bring in people, engender further development and ultimately, enhance socio-economic status,” Sokefun said.

    She enjoined them to make judicious use of the money given to better their lots and that of their respective dependants.

    Also speaking while presenting another batch of cheques, her counterpart in the Ministry of Housing, Mr. Daniel Adejobi said the scheme could improve the living standards of the farmers as it would attract infrastructure such as roads networks, power supply and potable water.

    He added that the massive population that will move to the area would be a ready market for their farm products, noting that they may not need to take their produce too far before they are sold.

    He urged them to support the state government as it was moving to implement its mission to rebuild, promising that soon, similar compensation would be paid to farmers in the second phase.

    Responding on behalf of recipients, Baale of the Community, Alhaji Waheed Afolabi, lauded the government for fulfilling its promise to the farmers, pledging their support for programmes of the government.

     

  • ‘Why oil companies shy away from compensation’

    ‘Why oil companies shy away from compensation’

    Miss Yetunde Ogunremi, a Barrister at Law and Partner, O.J Bamgbose & Co, Oyo, Ibadan, in this interview with Tolulope Ogidan speaks on the position of the law in proven cases of willful destruction of property and remedies available, for oil-related pollution.

    What does the constitution says about the willful destruction of any place by an individual or organisation?
    The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the environment under Chapter II; section 20 states: “The State shall protect and improve the environment and safeguard the water, air, land, forest and wildlife of Nigeria”.
    Section 17(2) (d) of the Constitution complements the aforestated provision by stating that:
    “Exploitation of human or natural resources in any form whatsoever for reasons other than the good of the community shall be prevented.”
    Though section 20 falls under the non-justiciable rights, the courts seemed to have made even the non-justiciable rights justiciable by relying on the domestication of the African Charter, a regional instrument on Human Rights.(section 12 of the constitution). All persons shall have the right to freedom from pollution, environmental degradation and activities that adversely affect the environment, threatening life, health, livelihood, well-being or sustainable development within, across or outside national boundaries.
    What form of compensation should be paid to the victims of such destruction?
    The payment of compensation is one of the intractable problems facing the oil industry in Nigeria. The internecine crisis between the oil firms, the host communities and the federal government could be traceable to the issue of neglect which is synonymous with the low compensation paid to the victims of negative externalities from the oil industry.
    These externalities are in form of oil pollution, gas flaring and other forms of environmental modification.
    Bearing in mind that it is difficult to engage in oil business without one form of environmental pollution, the framers of the 1969 Petroleum Act insisted that in an event of untoward modification of the environment, fair and adequate compensation should be paid to the victims. It is therefore a statutory obligation for oil firms to engage in best oil field practice to avoid polluting the environment.
    However, evidence on ground would seem to suggest that the issue of compensation is a thorny one. Opinions are divided on the adequacy or otherwise of the compensation paid by the oil firms to the victims of oil spillage. On the one hand, oil firms claim that they are paying adequate compensation. Indeed, it is asserted that they pay rates higher than the official ones. On the other hand, host communities insist that the rates paid by oil firms are not just enough and that the oil firms violate existing regulations in the payment of compensation.
    There are extant acts and statutory provisions that enjoin oil firms to pay one form of compensation or the other to victims of oil pollution. These includes: The Petroleum Act, 1969, Oil Pipeline Act, 1958, Petroleum (Drilling & Production) Regulations, 1969, Public Lands Acquisition Miscellaneous Provision Decree (1977) and later Land Use Act, 1978. In all, there are three strands under which victims of oil pollution may seek payment of compensation from the oil industry.
    But being a highly technical industry, it may be difficult to prove cases like this beyond reasonable doubt by the poor, “illiterate” and obligate fishermen. In other words, in most cases, compensations are not just paid by oil firms even when there is overwhelming evidence.
    They reluctantly pay after protracted negotiations and expensive law suits.
    But critical reviews of these laws reveal that there is no comprehensive statutory provision for compensation in respect of oil pollution in the petroleum industry in Nigeria.
    As a result of this there are lots of items that dispossessed claimants cannot be compensated. This leads to dissatisfaction among victims of oil pollution which, sometimes, results in crises and conflicts within the oil producing communities.
    What form of redress can they pursue if the company fails to comply?
    Oil pollution in Nigeria has been a consequence of the oil prospecting activities. The Niger Delta region of the country has witnessed the bulk of the degrading effects of oil pollution.
    Under Nigerian legal system, victims of oil pollution can seek judicial redress either under the statutes governing such pollution or under the common law torts.
    The Nigerian Constitution, which is the grundnorm, lacks an elaborate provision on environmental protection. Majority of the laws on environmental protection were enacted under the long duration of military rule in the country. Upon the adoption of the 1999 constitution, they were inherited as “existing laws” by virtue of section 315(1) of the Constitution.
    Although these laws exist, yet they have failed to adequately protect the environment and the victims from the deleterious consequences of oil pollution. Some of their shortcomings include the outdated penalty sections, the incapacitation of the enforcement officials, the attitude of prosecution lawyers with respect to environment pollution cases, the attitude of the courts, etc.

  • Fishermen demand N9b compensation from Mobil for oil spill

    For a spill which allegedly destroyed their means of livelihood, fishing communities in Lagos State are demanding a N9billion compensation from oil giant Mobil Producing Nigeria (MPN).

    In a suit filed at the Federal High Court in Lagos, they claimed the spillage occurred on January 10, 1998 and adversely affected their “waters of life”.

    The plaintiffs, Chief M. A. Ajanaku, Mr Benson Oketola, Chief Richard Kalasuwe and Prince J. O. Oshiyemi, filed the suit in 2002 on behalf of registered fishing cooperative societies and 272 fishing communities on the coastal settlements and villages on the shores of the Atlantic Ocean.

    They also sued on behalf of fishermen on the banks of the lagoons, estuaries, creeks and rivers of the coastal region of Lagos State (which they referred to as “Waters of Life”).

    The suit has gone through several judges due to transfers and started de novo (afresh) severally.

    The plaintiffs said they made 99 per cent of their income from fishing and fish farming.

    “The Waters of Life is pivotal to the life support systems of the plaintiffs and also fundamental to their socio-economic well being, their statement of claim said.

    The plaintiffs said about 38 years ago, Mobil constructed pipes and mains for conveying crude from its production platform (offshore) in Akwa Ibom State.

    On January 10, 1998, the pipelines, they alleged ruptured and burst, resulting in the spilling of over 7.6million litres of crude oil into the Atlantic Ocean.

    The spill, the plaintiffs said, did not only destroy their source of livelihood, but violated their right to earn a living from natural resources available to them.

    The plaintiffs claimed that despite polluting their environment, the defendant has refused to compensate them.

    Mobil, they said, had not taken any “post-impact remediation action” to restore the natural resources destroyed as a result of the spill.

    The plaintiffs are seeking a declaration that the defendant’s continued failure to restore “the ecosystem of the lands and waters of life” is unconstitutional and violates their right to live in an environment favourable to their socio-economic development.

    The right, they said, is guaranteed by Section 33 of the 1999 Constitution and articles 22 and 24 of the African Charter on Human and Peoples Rights.

    The plaintiffs prayed the court to nullify any document purporting to “release” Mobil from paying them due compensation because “the document relates to an unconscionable bargain which was signed under economic duress and in breach of statutory provisions.”

    They are praying for an order that “the defendants should commence post-impact remediation programmes in respect of the plaintiffs’ lands and waters polluted by the defendant’s Idoho Oil Spill and do all such acts and things to clean up the environment of the plaintiffs and to restore same to its original state.”

    The plaintiffs are seeking N8.4billion as special damages, interest on the amount at 10 per cent per annum from January 26, 1998 until judgment and full payment; N1.4billion as general damages for the alleged infraction of their constitutional and statutory rights, and 10 per cent interest on the sum from the date of judgment until full payment.

    Denying the plaintiffs’ claims, the company said while there was a spill, there was no evidence that it caused the damage the plaintiffs are alleging.

    Mobil also questioned a report prepared by an environmental health assessment expert, Mr Sylvester Orhiere, which purportedly recorded the extent of damage of the ecosystem.

    The firm exhibited before the court experts’ reports, which it said proved that the spillage could not have been so damaging as to warrant the suit or damages sought by the defendants.

    Mobil, which is yet to open its defence, urged the court to dismiss the suit for being gold digging, frivolous and an abuse of process.

    Justice Ibrahim Buba adjourned the case till December 10.

  • Jonathan rules out compensation for Boko Haram victims

    Jonathan rules out compensation for Boko Haram victims

    •To set up advisory committee on continuous dialogue

    President Goodluck Jonathan yesterday ruled out payment of compensation to victims of terrorists attacks carried out by Boko Haram and other groups.

    He spoke while receiving the report from the Presidential Committee on Dialogue and Peaceful Resolution of Security Challenges in the North at the Presidential Villa.

    The President said the government would only look at ways to help the victims get back to their businesses.

    Despite the challenges faced by the committee at its inauguration, he said it has laid the foundation for follow up action which would lead to the eventual control and end of the crisis.

    Even with the progress made in the fight against terrorism in the north, he maintained that the war is not yet won.

    He said: “We also noted the suggestion about the victims’ support because that is one of the terms of reference; how will government help to see that we can assist. Government is not going to compensate. It is not an issue of compensation but how do we assist people who have suffered to get back to business one or the other.”

    “Government will look into this and other recommendations in your report and see that the right decisions are taken.”

    “Incidentally, we have security council meeting because this committee was an offshoot of the security council and we will review some aspects of this report and probably set up a team to look at it and work out a planned programme in terms of implementation of the recommendations.” He added

    On the challenging assignment, he said: “First, let me on behalf of government welcome you to the State House and indeed, thank you for accepting to serve for the period you have served. Even the day we inaugurated you, we noted that it was quite a challenging job. Its not a ballroom dance because you were asked to meet the kind of characters you cannot even predict their behaviour.”

    “It is quite risky and I believe that some of you within this period, your immediate families believed that if they used to pray two times before, they will be praying ten times because of the assignment to make sure that God see you through.”

    Stressing that Nigeria was going through a challenging period he pointed out that the sect had become one of the most vicious in the world.

    He continued: “We never experienced this kind of internal terror, even external terror. Nigeria has never been a victim of external terror not to talk about internal terror group that came up surprisingly and became so violent that almost becoming classified as one of the most violent group all over the world.”

    “This is a country that never knew terror. Some countries have been passing through terror for years even before the Boko Haram came on board. But within the short period Boko Haram is operating, globally, it is being classified as one of the most deadly terror groups.”

    Maintaining that the recommendations of the committee would be looked into to ensure the right follow up actions, he agreed with the recommendation of the committee towards setting up an advisory committee on continuous dialogue with the terrorists.

    A team, he said, would be set up in the National Security Council to review the recommendations.

    He said: “You have made recommendations, one of them you have suggested the setting up of an advisory committee on continuous dialogue. This I also believe in. We always say that even in war situations, finally, people must discuss at the conference table to make sure that people live in peace.”

    “Force alone, no matter how, cannot bring peace. People must be willingly ready to live in peace. We agree with you that even though this committee is today winding down its activities, we need to set up a follow up committee that will concentrate on dialogue so that some of these issues you raised, that committee will be able to anchor them properly working with other departments of government.” He stated

    Chairman of the Presidential committee and Minister of Special Duties, Alhaji Kabiru Turaki observed that some of the difficulties working against productive dialogue included failures of past attempts at negotiations and resultant distrust by insurgents, and the refusal of their leaders to submit to dialogue.

    He said: “However, many of the key members of the insurgents both in detention and at large have positively responded to contacts and have accepted the dialogue option as capable of fully resolution of the conflict.”

    The committee, which was set up in April, observed that the proliferation of small arms and light weapons in the country exacerbated conflicts and circle of violence in the country.

    It also found out that there is “palpable impunity” in committing crimes and other acts of violence in the country due to the absence of deterrent measures taken to punish perpetrators.

    Turaki also claimed that there is an absence of effective conflict early warning, early response mechanism for anticipation and preventing violent conflicts.

    Noting that the situation of security agencies in the country needed urgent attention to improve their condition of service, equipment and training, he said that problems of synergy and collaboration existed among them.

    Traditional rulers, he said, are not fully involved in security management, which he said resulted in avoidable lapses in the country.

    Among the committee’s recommendations were continuation of the dialogue process through an advisory Committee on Continuous Dialogue and the setting up of a victims support fund.

    Turaki told State House correspondents: “The experience is a very rewarding one because we met with a group of people who passionately believe in something, even if the basis of the belief is a misguided one. We believe there has been a lot of over-radicalisation, we believe there is a lot of misconception particularly of some of the Islamic principles and dogma that have been made the basis of their agitations.”

    “Overall, it has afforded members of the committee opportunity not only to have an overview of the problems afflicting security in this country, but also to understand certain underlying factors that have precipitated acts of insurgency in this country.”

    On amnesty, he said: “I think it is important for Nigerians to appreciate that this is not an amnesty committee. This is a dialogue committee. Our mandates have been among others to go into the field, interact and then have dialogue with key members of the insurgents in addition to bringing a framework that will make a recommendation to government in a way and manner that government will now form to grant support to victims of these various acts of insurgency.”

    “That has been our key mandate and that is what we have done. It is when you now reach the conclusion of the dialogue, peaceful resolution point where ceasefire agreement is signed and other things follow up including issues of disarmament, that is when the issue of amnesty will in the end be an option and be considered by government.”

    “But our mandate does not include the issue of amnesty. Of course, government has asked us to look at situations as they affect the people that we interact with and see where members of insurgency have keyed into the dialogue option and come out to make clear and conscious contributions in such a way and manner as to enable and facilitate peaceful resolution of this matter, we could recommend amnesty in deserving situations.” He added.

  • Fishermen demand N250b compensation from oil firm

    Fishermen in Unyenge community, Mbo Local Government Area of Akwa Ibom State, have demanded N250 billion compensation from an oil company, Universal Energy Resources Ltd. (UERL).

    The fishermen said yesterday that they made the demand under the aegis of the Famous Fishing Organisation (FFO).

    The Chairman of the organisation, Mr. Johnson Harry, said members were affected by the August 15 oil spill from the company’s oil field in Stubb Creek.

    According to him, the spill emptied about 2,000 barrels of crude into the Ede Akpa River in the area and had prevented them from fishing- the only source of their livelihood.

    He said the oil company should compensate farmers in the community, who were also affected by the oil spill.

    “The oil flowed to Ede Akpa River where we fished and destroyed our fishing equipment. We can no longer fish in the river,” Harry said.

    He said the oil spill also destroyed farmlands, affecting the livelihood of 5,000 farmers in Unyenge community.

    Harry said the spill caused hardship to the residents and that some of their members had died of hunger and starvation.

    “We cannot farm, and according to international standard, if there is an oil spill, you have to wait for 10 years before you can start farming again.

    “The hazardous substances coming from the spilled crude have destroyed aquatic life, raffia palms and fishing nets.

  • Army officers’ families get N1m compensation

    Emotions rose yesterday at the headquarters of 81 Division, Nigerian Army, Lagos, when the families of 12 soldiers, who died in Borno State, gathered to receive some comfort.

    A. I. Ushoga, Sgt. Sadiq Ominisi, Olafimihan Akeem, Sabo Mijinyawa, Moses Sylvester, Umar Isa, Michael Ike, Nwanbuwanne Monday, Kabiru Mairiga, Musa Job, Private Ephraim Ebimine and Private Ndah Mohammed were killed by suspected Boko Haram members during a peacekeeping mission in Borno.

    The deceased’s wives, children and relatives wept as they were handed N1 million per family.

    Deployed from 174 Battalion, Odogunyan, Ikorodu, Lagos to join the Joint Task Force (JTF) operating in Borno State to quell the Boko Haram insurgency, the soldiers were killed by suspected members of the Boko Haram.

    Presenting cheques to the deceased’s families on behalf of the Borno State Government, the General Officer Commanding the division, Gen. Obi Umahi, said the money was to alleviate the sufferings of their wives, children and relatives.

    He noted that the men died in active service in an operation in the Northeast.

    “The cheque is part of the succour given to the families and next of kin of the deceased soldiers by the Borno State governor. This is to cushion the effects on the wives, children and family. Besides, the Nigerian Army has promised to do a number of things, such as funeral and payment of benefits, which have been processed.

     

     

     

  • Sea workers want compensation over oil spills

    THE Sea Workers and Integrated Fishermen Association of Nigeria in Akwa Ibom State is demanding compensation from Mobil Producing Plc for alleged oil spillage, which affected their businesses.

    In a petition signed by the fishermen’s lawyer, Theo Nwaigbo, they insisted that Mobil Oil Producing Unlimited should compensate them ‘for all wrongs/liabilities incurred by members during series of oil spills’ in their area.

    He said it was in the best interest of the oil giant to approach the affected fishermen for compensation, rather than allowing the matter to escalate.

    He noted that BP Plc had paid $4.5billion in penalties for spilling nearly five million barrels of oil into the Gulf of Mexico.

    He lamented that it is only in Nigeria oil companies could commit such ‘environmental crime’ and still continue with their businesses unpunished.

    “We have been approached and our services retained by the fishermen whose place of business is located along the coastal water front of the Atlantic Ocean in Akwa Ibom State, Nigeria.

    “Our client, a conglomerate of cooperative bodies with special bias in fishing occupying the fishing settlements along the Atlantic Ocean waterfront from Okposo to Utana Ineh Ukpana and some Esuks fishing settlements along Qua Iboe river from Mkppanak to Esuk Okat and creeks all around Onna, Eket, Ibeno and part of Mbo, all in Akwa Ibom State from time immemorial have retained our services with instructions to demand and claim from your establishment, adequate loss of income/anticipated profit as a result of incessant and unquantifiable devastation suffered by all members of the association as a result of various oil spills along the coast of the Atlantic as enunciated hereinbefore.

    “We were briefed by our client that at each occurrence, they would be put out of business as the aquatic life of the Atlantic coast would be completely wiped out. In such situations, our client lamented that members would be bemused and remain redundant for the period of the effect of devastation. It is our further mandate to put the machinery of justice in motion where their demand are not acceded to,” he added.

     

  • N600m for Osun compensation

    Osun State Government has earmarked N600 million as compensation for residents whose houses and shops were demolished.

    The exercise is part of the ongoing urban renewal programme.

    Commissioner for Finance, Economic Planning and Budget, Dr. Wale Bolorunduro, who broke the news when speaking with reporters in Osogbo yesterday, said the urban renewal programme was aimed at improving the environment, to make the state look like cities, such as New York, Beijing Tokyo and other world-class cities.

    He assured that those with genuine documents would be compensated, adding that the government would not inflict pains on the residents.

    The commissioner said government is planning to plant trees and flowers on the roads’ setbacks.

    He said the exercise was aimed at giving the state a befitting identity.

     

     

    Dr. Bolorunduro denied an allegation that the government is stock-pilling the state’s shares of SURE-P fund from the Federal Government.

    He said the fund was spent on social services like Agba Osun through which N10,000 was given as a monthly stipend to aged people and on transportation, infrastructure, a school feeding programme, tagged: ‘O Meal’, ‘O Cabs,’ provision of taxi for transporters, among others.

    The commissioner explained that the alleged state’s indebtedness was unfounded, noting that there was no financial institution that could borrow a state up to N300 billion as being rumoured.

    He said what was obtained was a bond from the Nigeria Stock Exchange, adding that the allegation was aimed at causing confusion.

    His words: “The indebtedness allegation against this administration is not true. It is an attempt by the Peoples Democratic Party (PDP) to confuse the indigenes. They are laying a foundation for them to plunge the state into trouble. Nobody will plunge Osun into backwardness. We know them and their antecedents.

    “Most of the governorship aspirants on the platform of the PDP are sustaining their lifestyle on debt. They are living on loans and lease of cars and some of these facilities they refuse to repay, which have turned into bad debts.”

    Bolorunduro said the Olagunsoye Oyinlola administration made Osun a bad customer to many banks before the advent of the Rauf Aregbesola government.

     

  • Fed Govt to decide on compensation for Boko Haram victims

    Fed Govt to decide on compensation for Boko Haram victims

    The Presidential Committee on Dialogue and Peaceful Resolution of Security Challenges in the North has said the Federal Government will soon decide on the compensation for Boko Haram victims.

    In a statement yesterday in Abuja by its Secretary, Esther Gonda, the committee said contrary to some reports, it never ruled out compensation for victims of Boko Haram insurgency.

    The statement explained that what the committee’s Chairman, Kabiru Tanimu Turaki said was that the committee would look into the issue of victims’ support and not to cancel compensation for them.

    The statement added: “The chairman did not, in any way say or infer that compensation will be given to only the security operatives. Rather, he emphasised that the committee will make appropriate recommendations to the government to support all victims of the insurgency.

    “Based on the committee’s terms of reference, we will constructively engage key members of Boko Haram and define a comprehensive and workable framework for resolving the crises in the North and develop a framework for amnesty.”

  • Dana: Multiple claims stall compensation, says minister

    Dana: Multiple claims stall compensation, says minister

    The Minister of Aviation, Ms. Stella Oduah, has decried the lateness in paying compensation to some of the victims of Dana Air plane crash.

    She said multiple claims by some victims have stalled the payment.

    The minister addressed reporters yesterday during the Mid-Term Ministerial Platform Briefing in Abuja.

    She assured that the Dana Air mishap would not occur again.

    “It was a sad story. What happened with Dana will never occur again,” Ms Oduah said.

    The minister explained that despite the challenge of multiple claims, the airline has done well in compensating some families of victims of the crash.

    She said: “The challenge Dana Air has is that of multiple claims. When you have multiple claims, it becomes difficult to ascertain who should collect.

    “Until they are able to do that, they will not pay multiple claims. They will continue verifying and re-verifying to ascertain who should be the next of kin to claim the money.”

    Ms Oduah said the airline has until December to complete all compensations to the crash victims.

    “However, Dana is given until December. Should they fail to pay completely, we will sanction them, and they are aware of that. So, I am sure they are accelerating the process.”

    The Aviation minister noted that all obsolete equipment at airports have been changed to enhance efficiency and strengthen security.

    She said: “In aviation, safety and security are not destinations. We do not stop; we keep on improving on what we have. Everything we do in aviation is about safety and security.

    “Aviation security has assumed global dimension and there are internationally acceptable standards that must be complied with. Security and customer comfort at airports has reached 95 per cent.”