ECOWAS court slams Nigeria on Niger Delta neglect

The Community Court of Justice of Economic Community of West African States (ECOWAS) which sat at High court 15, Iyaganku, Ibadan, Oyo State, Nigeria from December 10 to 14, 2012, today berated the Federal Government for failing to protect the Niger Delta and its people from the international oil companies that have defiled the region.
The ECOWAS Court made this criticism while delivering judgment in a suit filed by The Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) against the President of the Federal Republic of Nigeria and others.
The court also heard other 19 cases in 17 sessions in which it delivered four judgments, three rulings, while three cases were adjourned for ruling, six cases adjourned for judgment, five cases part heard and five cases disposed off.
SERAP had earlier filed a suit against the Federal Government and six oil companies at ECOWAS Court over alleged violation of human rights and associated oil pollution in the Niger Delta demanding for $1b compensation for the region and a declaration to mandate the government to ensure that violation of human rights stop at the region.
It further asked

ECOWAS Judges sitting in Ibadan

the court to determine whether the Federal Government is responsible for the pollution devastation primarily caused by the operations of multinational corporations in the Niger Delta and whether the government has breached its due diligence obligation.In its judgment, the court established that despite several oil spills and degradation that had occurred in the past and still happening, the government failed over the years to prevent environmental damage and bring the culprits to book.
It stated, “The Federal Government has contravened its responsibilities to the people of Niger Delta. The right to food and social life of the people of Niger Delta was violated by destroying their environment. Federal Government also failed to stop private oil companies from polluting the land in the region thereby destroying their opportunity to earn a living. Federal Government failed to provide an environment for the people of the region to have healthy and standard living. There is no modality by government to protect the people of the Niger Delta to ensure that foreign companies do not violate their human rights. The government and the foreign companies violate the human and cultural rights of the people in the region”, the court explained.
The court however dismissed the $1billion compensation demanded for on the ground that the applicant failed to identify the victims to benefit from the compensation adding, “How would the money be shared? How do we determine what individual should receive? Who manage the money? The compensation supposes to be a collective benefit not individual. We hereby dismiss the monetary compensation”.
The court ordered that the Federal Government should take necessary measures to restore the defilement in the region, prevent further occurrence and hold the companies and individual that have polluted and destroyed the region accountable.
It further asked the Federal Government to bear the cost of the litigation.
The judges in session were : Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.
During a press conference held at Premier Hotel after the judgment, Justice Daboya lauded the state governor, Senator Abiola Ajimobi, the state Attorney General and Commissioner for Justice, Mr. Bayo Ojo and the Chief Judge of the state, Justice Badejoko Adeniji for their support while in the state.