The government, in an originating summons, filed by
the Bayelsa State Attorney-General and Commissioner
for Justice, Kemeasuode Wodu, demanded N1.6trn
compensation for general and exemplary damages
from the spill which occurred on November 27, 2013.
The originating summons, which was pursuant to
Order 3 Rule 9 of the court, said the spill contravened
the provisions of Regulation 13 of the Petroleum
Regulation made pursuant to the Act Cap P10 Laws of
the Federation of Nigeria.
The state government in the suit sought an injunction
restraining the defendant, its agents and or servants
from further discharging onto or allowing petroleum
(crude oil) to escape onto the waters of and around
the said SBM Sirius (offshore Brass) facility.
Another relief sought by the government included an
order directing the defendant (Agip) to provide potable
drinking water for the communities in Bayelsa State
impacted by the said petroleum spillage from the said
SBM Sirius (offshore Brass) operated by the
defendant.
The plaintiff added that the defendant should be
ordered to take all appropriate steps towards restoring
the land, swamps, rivers and waters impacted by the
spillage and pay compensation to all persons whose
properties were destroyed.
While claiming that the spillage contravened relevant
sections of the constitution, the plaintiff asked the
court to declare that the action or conduct of the
defendant in allowing or causing petroleum to escape
from its SMB Sirius facility was as a result of its
operational error into the waters of and around the
said SMB facility which flowed into the sea and parts
of Bayelsa.
The plaintiff also demanded a declaration that the
defendant, by allowing or causing petroleum to escape
from its facility as a result of its operational error, into
the waters of around the said facility contravened
Regulation 13 of the Petroleum Act Cap P10 laws of
the Federation of Nigeria 2004.
The government also demanded the court to declare
that “the defendant is under a legal obligation to
restore the lands, rivers, creeks and the entire
environment impacted by the aforesaid petroleum
(crude oil).
The plaintiff also asked the court to declare that the
defendant was under a legal obligation to pay
compensation to all persons whose properties were
polluted in Bayelsa State by the said petroleum (crude
oil) that escaped from the SBM Sirius facility.
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Friday, 27 January 2017
The Bayelsa State Government has dragged the Nigerian Agip Oil Company to a Federal High Court in Port Harcourt over an oil spillage from the company’s SBM Sirius, (offshore Brass) in Brass Local Government Area of the state.
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