Niger Delta communities challenge controversial PIA provision: Lawsuit targets FG and National Assembly

A group representing natives of oil-bearing communities in the Niger Delta, in conjunction with a civil society organization, has taken legal action against the National Assembly and the Attorney General of the Federation over section 257 of the Petroleum Industry Act (PIA).

During a news briefing in Port Harcourt, WeThePeople’s Executive Director, Ken Henshaw, revealed the group’s decision to challenge this section of the PIA. They believe that the provision as a whole violates the 1999 Constitution of Nigeria as amended.

In a lawsuit filed under the name FHC/PH/CS/181 at the Port Harcourt Division of the Federal High Court, the group listed Henry Eferebo, Princewill Chukwure, Avadi Chimankpam, and the Health of Mother Earth Foundation as co-plaintiffs. Their suit seeks relief in determining whether the transfer of personal liability for damages, property injury, vandalism, or sabotage to the host community, as stipulated in section 257(2,3) of the PIA 2021, is consistent with sections 43 and 44 of the 1999 Constitution, which protect citizens’ rights to own immovable and movable properties, including funds.

According to Mr. Henshaw, the court should assess and potentially repeal the section of the PIA containing critical provisions meant to address long-standing development challenges in Nigeria’s oil-producing communities.

While some provisions in this section aim to promote development, others have the potential to create discord and conflicts between oil companies and host communities. Mr. Henshaw criticized these provisions and suggested that, rather than fostering development, they might exacerbate deprivation in communities and give rise to new conflicts.

The most contentious and unjust aspect of the Act, according to Mr. Henshaw, is the provision that blames host communities for oil theft and sabotage of oil infrastructure and mandates them to serve as unpaid, unskilled, and unarmed guardians of oil equipment and pipelines.

Mr. Henshaw argued that there are well-established laws to deal with the destruction of oil infrastructure, and such acts should be regarded as crimes subject to punishment as determined by a court.

He emphasized that no existing law allows for the punishment of an entire community for a crime committed by individuals, and it is implausible to hold an entire community collectively responsible for sabotage.