NDDC Board: Enikuomehin sues Buhari, NASS, Edema, others

IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:

BETWEEN:
1. THE INCORPORATED TRUSTEES OF UGBOLAND }
OIL AND GAS PRODUCING HOST COMMUNITIES }
DEVELOPMENT ASSOCIATION ( UGBOAPHOCDA }
2. APOSTLE JAYEOLA OLUMIDE OLADIPUPO- PLAINTIFFS
(Secretary of UGBOAPHOCDA) }
3. MS. ADEOKAN OMOFELE (Treasurer UGBOAPHOCDA) }
4. MR. OMOYELE KEHINDE IRAPADA (Welfare Officer }
of UGBOAPHOCDA) }
(The 2nd -4th Plaintiffs are suing for themselves and on behalf of members of
Ugboland Oil and Gas Producing Host Communities Development Association) }

AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA }
2. THE NATIONAL ASSEMBLY OF THE FEDERAL }
REPUBLIC OF NIGERIA }
3. THE SENATE OF THE FEDERAL REPUBLIC OF }
NIGERIA }
4. THE ATTORNEY GENERAL OF THE }
FEDERATION DEFENDANTS
5. THE MINISTER OF NIGER DELTA AFFAIRS }
6. THE PERMANENT SECRETARY MINISTRY OF NIGER}
DELTA AFFAIRS }
7. HON. OLUGBENGA EDEMA }

STATEMENT OF CLAIM
1. The 1st Plaintiff is an incorporated body with the Corporate Affairs Commission (CAC), Abuja with the registration number CAC/IT/NO 116998 under Part C (now Part F of the Companies and Allied Matters Act, 2020) and having its registered office at 1, Barr. Benson Enikuomehin Avenue, Rockview Estate, opposite College of Agriculture, off Oba-Ile Road, Akure, Ondo State.
2. The primary aim of the 1st Plaintiff is to promote, project, propagate and advance the interest of the oil producing communities of Ugboland in Ilaje Local Government Area of Ondo State. The Certified True Copy (CTC) of the Certificate of Incorporation together with the aims and objectives of the 1st Plaintiff is hereby pleaded.
3. The 2nd Plaintiff, a clergy and a legal practitioner is an indigene of Erunona Community in the oil producing area of Ilaje Local Government, Ondo State and also the Secretary to the Board of the 1st Plaintiff.
4. The 3rd Plaintiff who is the Treasurer of the 1st Plaintiff hails from Obe-Lomore community which forms part of the oil producing areas in Ilaje Local Government Area, Ondo State.
5. The 4th Plaintiff, an indigene of Obe-Jedo in the oil producing area in Ugboland is a Businessman and the Welfare Officer of the 1st Plaintiff. The 4th Plaintiff is also the Secretary of AMONA UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA) which association acts on behalf of Ugboland communities and deals exclusively with Chevron Nigeria Limited on matters affecting, touching and concerning the coastal host communities with Chevron Nigeria Limited.
6. At the Extra-Ordinary meeting of the Board of Trustees of the 1st Plaintiff held virtually on the 25th of December, 2022, it was resolved among others that legal steps should be taken to protect the interest of the oil producing communities in Ugboland as it relates to the nomination and confirmation of the 7th Defendant, a non-indigene of the oil producing areas to represent Ondo State on the Board of the Niger Delta Development Commission (NDDC). Minutes of meeting as signed by the Chairman and Secretary is hereby pleaded.
7. The 1st Defendant is the President and Commander-In-Chief of the Federal Republic of Nigeria and the person empowered both by the Constitution of Nigeria and the Niger Delta Development Commission (Establishment etc) Act 2000 to appoint persons from the oil producing areas to the governing Board of the NDDC.
8. The 2nd Defendant is the legislative arm of government that is empowered to make laws for the good of Nigeria.
9. The 3rd Defendant is the Upper Chambers of the National Assembly that has the Constitutional right to screen and confirm nominees of the Board of the NDDC forwarded to her by the 1st Defendant.
10. The 4th Defendant is the Chief Law Officer of the Federation whose ministry defends any matter in which the 1st Defendant or any arm of government in Nigeria is involved.
11. The 5th Defendant is the Minister in charge of the Ministry of Niger Delta Affairs created by the Federal Executive Council that is now saddled with the responsibility of supervising the affairs of the NDDC and coordinating the processes that lead to the nomination, confirmation and inauguration of the Board of the NDDC of which the 7th Defendant is now made a part.
12. The 6th Defendant is the accounting officer and head of the administration of the 5th Defendant and the person responsible for the day to day affairs of the 5th Defendant.
13. The 7th Defendant is an indigene of Ogogoro Community, a non-oil producing area in Ilaje Local Government Council of Ondo State that has been nominated by the 1st Defendant, purportedly screened and confirmed by the 3rd Defendant and inaugurated by the 5th and/or 6th Defendants to serve as the Ondo State Representative on the Governing Board of the Niger Delta Development Commission. The letter of nomination by the 1st Defendant, the Report of the Senate Committee on Niger Delta, Votes and Proceedings of the 3rd Defendant on Tuesday, 20th December, 2022 wherein the 7th Defendant was confirmed and the letter written by the 6th Defendant for the Inauguration of the 7th Defendant and others are hereby pleaded. NOTICE IS HEREBY GIVEN TO THE 1ST, 3RD AND 6TH DEFENDANTS TO PRODUCE THE ORIGINAL COPIES RESPECTIVELY AT THE HEARING OF THIS MATTER.
14. Plaintiffs aver that the letter of the 1st Defendant dated 21st October, 2022 conveying the nomination of the 7th Defendant to the 3rd Defendant for confirmation was brought pursuant to the Niger Delta Development Commission (establishment etc) Act 2004.
15. Plaintiffs plead that the appointment of the 7th Defendant is a wanton violation of Section 2(1)(b) the Niger Delta Development Commission (Establishment etc) Act, 2000 (NDDC) (now CAP N86, LFN, 2004) which provide that only indigenes of the oil producing area of Ondo State can be nominated to represent Ondo State on the governing Board of the NDDC
16. Plaintiffs aver that Ugbo Communities, (otherwise called Ugboland) which form Ilaje Political Constituency 1 are the communities in which crude oil exploitation activities are being carried out by the oil companies and as such better described, known and called the Oil Producing Areas of Ondo State: that these communities are the host communities to the oil companies exploring and exploiting crude oil mineral onshore and offshore in Ondo State, Nigeria. The communities are: ABETOBO, ABETOBO ZION, IDOGUN EHINMORE, ZION EHINMORE, IDOGUN NLA, IDOGUN AYADI, LEPE, ZION AYADI, OGBOTI, OJABINENI, YAYE, WOMITENREN, OLOTU NIYE, OLOTU YARA, OLOTU ZION, OLOTU KUWO, OKUN IPIN, ERUNA, ERUNA ERO, ERUNA IKORIGHO, UGBONLA, ODE-UGBO, AYETORO, IDIOGBA, IDIOGBA OKE, ZION ALUBA, UGBO EKE, ALAGBON, ALAGBON ZION, MOBIDO, OROTO, OMOSEHIN, ASUMAGA, BIJIMI, OTUMARA SEASIDE, OTUMARA, ILOWO, AGO OLORI ALUFA, ORI-OKE HARAMA, SAHEYI, ILOWO AYETORO, ILOWO OGUNSEMORE, ILOWO ZION, ILOWO NLA, ILEPETE OFEDEGBE, ILEPETE BAMGBOSE, ILEPETE LEKE, ILEPETE AYADI, ILEPETE SOKISO, ILEPETE IMANI, ILEPETE EGBUKUYOMI, OBE-JEDO, OBE ADUN, ZION AKINJINRIN, OBE AKINJINRIN, APATA ILAJE, OBENLA, OBE-UHI, OBE-MAGBE, OBE-OGBARO, OBE-AKINGBOYE, OBE-ENIKANOSELU, OBE-MEGBA, OBE-KUGBANRE, OBE-REBIMINU, OBE-IFENLA, OBE-LOMORE, OBE-IJI, OBE-ARENEWO, OBE-EREMIYE, OBE-REWOYE, OBE-SEDARA, OBE-FAGBIN, OBE-OSOMARIGO,OBE-ORISABINONE, OBE-BOWOTO, SUKUNA, OJUMOLE, IRE-OLUWA, AJEGUNLE, ILU AYO, TEMUHI OTUMARA, ZION IKORIGHO, AJANA BEGURU, OGO OLUWA, AYERIN, IGOSO, IKORIGHO, EYINMOGHAN, ILU ERI, KENRO, ODONLA, JAJIRIN, BOMAGHA, SALEM CITY, MONEHIN, ILU ABO, OBELE, AGANYEBI, MEDU,ONIDEREWU, ZION JINRINWO, AKINSOLU, ODUMOMI, AGBEDE, JINRINWO, ODOFADO, GBAGARA, MESE, AWOYE, OKE OLUWA, AGO NATI, IKUYINMINU, AGO OSE, MOLUTEHIN, IGO, AINEHIN, UBALE KEKERE, UBALE NLA, ZION ORIRETAN, ODUN ORIRETAN, ODUN OGELOMAYON, ODUN FARIFARI, ODUN OYINBO, ZION ODUN OYINBO, ODUN OGUNGBEJE, ODUN PERU, EKE BEKU, EKE ODUNJO, EKE YONRIN, EKE OKORO, ITIOLA, EKE YOYO, EKE ATIYE, EKE NLA, EKE DIDI, EKE ILUTITUN, EKE INUESEKUN, EKE MAHA, EKE MAGBA, EKE OFOLAJETAN, EKE MOLD, EKE EBIGHAN.
17. Plaintiffs further aver that the oil companies (now known and called Settlors by the Petroleum Industry Act, 2021) exploring and exploiting crude oil mineral in Ondo state are found only and solely in Ugboland Communities and no other place either in Ilaje or other Local Government Areas in the entire Ondo State.
18. The companies are:
a. Chevron Nigeria Limited
b. Consolidated Oil Producing Limited.
c. Express Petroleum and Gas Company Limited
d. Gaurantee Petroleum and Owena Oil and Gas Limited
19. Plaintiffs aver that Chevron Nigeria Limited operates Chevron 1- Oil Mining Lease 49 (OML49) and Chevron 1 – Oil Mining Lease 95 (OML95).
20. Plaintiffs aver that OML49 operated by Chevron Nigeria Limited is onshore of Ugboland Communities. The oil fields in these OML 49 are as follows:
a. Omuro oil field
b. Ojumole field consisting of Ojumole 1,2,3&4
c. Opuekeba field which consist of about 19 oil wells.
21. Plaintiffs state that Chevron Nigeria Limited has majority of the oil wells and fields in the Oil Mining Lease (OML) 95. The oil wells in OML95 are:
a. TAPA
b. MEREN 1
c. MEREN 2
d. MEJO FIELD
e. EKO
f. EWA
g. META
h. PARABE
i. OPOLO 1
j. OPOLO 2
k. MALU
l. RUTA
m. MINA
n. ESAN
o. ESAN WEST
p. MINA WEST
q. EWAN
The undermentioned oil wells known as covered oil wells are also located on OML 95. They are:
a. KITO
b. AGBAKOBA
c. SANGO FIELD
d. OLOYE.
It is the case of the Plaintiffs that all the above-named oil fields are located in the aforesaid Ugboland communities.
22. Plaintiffs state that Consolidated oil Producing Limited operates OML103 which commences from Obe communities to Abetobo. The exploitation and exploitation of crude oil mineral of Conoil Producing is limited as at today to Ugboland communities. Conoil Producing is not carrying out any exploitation of crude oil mineral in the 7th Defendant’s community, ie Ogogoro.
23. Plaintiffs assert that Express Petroleum and Gas Company Ltd operates OML108 on the Shallow waters offshore Ugbo communities. The oil field is known and called Ukpokiti 1. The company has over the years been relating with the Ugboland host communities where its operations cover. Plaintiffs plead the Memorandum of Understanding (MoU) dated January, 2014 executed between the company and the host communities.
24. Plaintiffs aver that Chevron Nigeria Limited over the years have related to Ugboland Communities by signing Memorandum of Understanding (MoU) and later Global MoU (GMoU) with Ugboland communities and same witnessed by the Ondo State Government to the exclusion of the 7th defendant’s community. The plaintiffs will at the trial rely on the said MoU and GMoU.
25. In January, 2006, Chevron Nigeria Limited signed a Memorandum of Understanding with Ilaje Coastal Communities in Ugboland comprising of Actual Bloc, Indigenous Bloc, Core Bloc, Eight United Bloc, Concessional Bloc, Ultimate Bloc and Major Bloc (AICECUM) to regulate the relationship between Chevron and the Communities. Plaintiffs plead and rely on the Memorandum of Understanding dated January 1, 2006.
26. Plaintiffs aver that in year 2017, Chevron Nigeria Limited signed a tripartite Offshore Memorandum of Understanding (OMOU) with Ilaje-Ugbo Coastal Communities and the Ondo State Government of Nigeria for the purpose of development and promotion of peace with the host communities. Plaintiffs plead and rely on the OMOU dated January 1, 2017.
27. In the same vein, Chevron Nigeria Limited in 2021 entered into a Global Memorandum of Understanding with Ilaje Ugbo host communities for the purpose of partnership, development and peaceful relationship with the communities. The January 1, 2021 tripartite GMOU is hereby pleaded
28. Plaintiffs assert that Consolidated Oil Producing Limited (Conoil Producing Limited) has also signed various Memoranda of Understanding (MoU) with Ugboland Communities since it began its exploration and exploitation of crude oil in BELLA FIELD to the exclusion of the 7th defendant’s community. Plaintiffs plead and rely on the Memorandum of Understanding dated 31st of December, 2010 signed by Conoil Producing Ltd with Ugboland Communities.
29. Plaintiffs state that none of the oil companies mentioned above has any relationship whatsoever including signing of any MoU with the 7th Defendant’s community. (Ogogoro).
30. Plaintiffs aver that the above-mentioned oil companies exploiting oil mineral onshore and offshore Ilaje Communities are not found in Ogogoro community where the 7th defendant hails from. In other words, Ogogoro Community does not form part of the oil producing areas of Ilaje Local Government Area in Ondo State.
31. Plaintiffs assert that the Oil Exploration and Exploitation Areas Map in Ondo State , Nigeria prepared by DECOPLAS Development Consultants & Planning Associates, a team of Environmental Scientists, Land Surveyors, Physical Development Planners, Architects and Engineers in 2004 reveals the oil producing areas of Ondo State and that the 7th Defendant’s Community (Ogogoro) does not form part of the oil producing areas of Ondo State. Plaintiffs plead and rely on the Certified True Copy of the oil exploration and exploitation map of the oil producing areas in Ondo State obtained from the Ondo State Library Services, Akure on 08/08/2011. Plaintiffs have now paid appropriate fees to Government.
32. Plaintiffs state that the elder brother of the 7th defendant who hails from the same Ogogoro community, one Prince Adebanjo Edema was once appointed by the Federal Government to serve on the Board of the Oil Mineral Producing Areas Development Commission (OMPADEC) sometime in 1992
33. Plaintiffs state that Ugboland, which is the Oil Producing Area of Ilaje Local Government agitated for his removal and wrote an open letter to the then Head of State and Commander- In- Chief of the Arm Forces, Gen. Sanni Abacha to remove Prince Adebanjo Edema from the Board of OMPADEC on the ground that he was not from the oil producing areas together with the fact that he was incompetent. Plaintiffs plead and rely on the Certified True Copy of the Daily Times Newspaper Advertorial placed by Ugbo Kingdom Oil Producing Communities on Tuesday, May 23, 1995 at page 4 obtained from the National Library of Nigeria, Public Services Department, FCT Branch, Area 2, Garki, Abuja certified by Solomon Mende, Chief Library Assistant Plaintiffs paid the required fees and was issued the Revenue Collectors Receipt no. A3037 dated 11/1/2023. The said receipt is hereby pleaded.
34. Plaintiffs aver that the said Prince Adebanjo Edema from Ogogoro Community was removed from office by the then Head of State, General Sanni Abacha, sequel to the petition written by Ugboland Oil Producing Areas and replaced with Chief Fola Iwatan who hails from Odun Igo in the oil producing area of Ugboland.
35. Plaintiffs state that the Niger-Delta Development Commission (Establishment etc.) Act, 2000 mandates the 1st Defendant to nominate and forward ONLY the name of the nominee who shall be an indigene of the oil producing area in Ondo State to the 3rd Defendant for confirmation.
36. Plaintiffs aver that since the establishment of the NDDC in year 2000, only indigenes of the Oil Producing Areas in Ondo State have been nominated by the 1st Defendant and confirmed by the 3rd Defendant to represent Ondo State on the Governing Board of the NDDC.
37. The names of the persons who had represented Ondo State from the first Governing Board of NDDC in 2000 to 2017 are as follows:
a. Chief Olusola Alexandra Oke (SAN) 2000-2004 from Ilowo community.
b. Dr. Ibukun Omotehinse 2005 – 2009 from Obe-Rebiminu community.
c. Dr. Benson Enikuomehin 2009 – 2011 from Obe-Enikanoselu community.
d. Mr. Dele Omogbemi 2011 – 2013 from Obenla community.
e. Barr. Benson Amuwa 2013 – 2015 from Odun-Igo community.
f. H.E. Lucky Ayedatiwa (Current Deputy Governor of Ondo State) 2017 from Obenla community.
38. Plaintiffs state that the above-named persons all hail from Ugboland communities which are the only Oil Producing Areas of Ondo State.
39. Plaintiffs state that in March, 2017, the Governor of Ondo State (Oluwarotimi Akeredolu, SAN) acted contrary to the Ondo State Oil Producing Area Development Commission Law, 2003 (OSOPADEC LAW) (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006) that requires that the Chairman and members of OSOPADEC should be indigenes of the oil producing areas of the State, when he appointed the 7th defendant (a non-indigene from Ogogoro community) to be the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC). The OSOPADEC Law, 2003 (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006) is hereby pleaded.
40. The appointment attracted serious protests, condemnation and culminated in a lawsuit at the Ondo State High Court against the 7th Defendant and the Ondo State Government. The suit was however withdrawn on the intervention of Royal Fathers and opinion leaders in the Oil Producing Area of the state.
41. Prior to the appointment of the 7th Defendant to serve as the Chairman of OSOPADEC by the present Governor, Oluwarotimi Akerodolu SAN in 2017, previous administrations in Ondo State had always chosen the Chairman and members of the Board of OSOPADEC from the Oil Producing Area.
42. Plaintiffs state that persons who had served as Chairmen of the board from the oil producing area in Ugboland prior to the appointment of the 7th Defendant by Governor Oluwarotimi Akeredolu, SAN are as follows:
a. Dr. Ibukun Omotehinse from Obe-Rebiminu
b. Chief Olusola Oke, SAN, from Ilowo
c. Late Chief Adewale Omojuwa from Ilowo
d. Chief Debo Ajimuda from Idi-Ogba
e. Pastor Johnson Ogunyemi from Idiogba-Alagbon
43. Plaintiffs state that the nomination of the 7th defendant by the 1st defendant was rejected by the youths and various organizations of the Oil Producing Communities in Ugboland.
44. The Federation of Ugbo Kingdom Youth on 22/12/2022 wrote to the Chairman, Senate Committee on the NDDC and verified their petition with Affidavit sworn to at the Federal High Court, Abuja rejecting the nomination of the 7th Defendant. The petition to the 3rd Defendant with the verified affidavit is pleaded. NOTICE IS HEREBY GIVEN TO THE 3RD DEFEDANT TO PRODUCE THE ORIGINAL COPY.
45. Plaintiffs say that an association known as Host Communities of Nigeria (Producing Oil & Gas), Ondo State Chapter sometime in December, 2022 also wrote to the Senate Committee Chairman on the NDDC rejecting the nomination of the 7th Defendant. The letter is pleaded and NOTICE IS HEREBY GIVEN TO THE 3RD DEFENDANT TO PRODUCE THE ORIGINAL COPY.
46. The Plaintiffs wrote to the 1st and 4th Defendants urging them not to inaugurate the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC on the ground that the 7th Defendant is not an indigene of the oil producing areas of Ondo State as required by the NDDC Act, 2000. The acknowledged letters are hereby pleaded and NOTICE IS GIVEN TO THE 1ST & 4th DEFENDANTS TO PRODUCE THE ORIGINAL COPIES.
47. Plaintiffs state that the 1st & 4th Defendants neglected and refused to heed the admonition and facts contained in the letters and went ahead to instruct the 5th and 6th Defendants to inaugurate the 7th Defendant on 04/01/2023 as a member of the governing Board of the NDDC which ceremony was done at Transcop Hilton Hotel in Abuja. Plaintiffs plead the photograph taken by the 7th Defendant at the inauguration
48. Plaintiffs state that the nomination of the 7th defendant by the 1st defendant, the purported screening and confirmation by the 3rd defendant and the inauguration by the 5th and 6th Defendants are contrary to section 2 (1) (b) of the NDDC (Establishment etc) Act, 2000.
49. Wherefore the Plaintiffs claim against the Defendants jointly and severally as follows:
1. A DECLARATION that having regards to the mandatory provisions of section 2(1)(b) of the NDDC Act 2000, the appointment of the Ondo State representative to the Governing Board of Niger Delta Development Commission is limited and exclusive to the Oil Producing Areas of Ondo State.
2. A DECLARATION that having regards to the mandatory positions of section 2 (1)(b) of the Niger Delta Development Commission (establishment etc) Act 2000, the 7th Defendant is not qualified to be nominated by the 1st Defendant, screened and confirmed by the 3rd Defendant and inaugurated by the 5th and 6th Defendants since the 7th Defendant is not an indigene of the Oil Producing Areas of Ondo State.
3. A DECLARATION that the nomination of the 7th Defendant by the 1st Defendant vide the letter of 21st of October, 2022 on the Board of the NDDC to represent Ondo State and the 7th Defendant’s confirmation as a member of the governing Board of the NDDC on the 20th of December, 2022 by the 3rd Defendant and his subsequent inauguration as a member of the said NDDC Board by the 5th and/or the 6th Defendant are illegal, unlawful, null and void as they are in total violation of section 2(1)(b) of the NDDC Act, 2000 (Now CAP N86, LFN, 2004), THE SAID 7th Defendant not being an indigene of an oil producing area of Ondo State.
4. A DECLARATION that the 1st -6th Defendants are under constitutional and statutory duty to comply and abide with the clear mandatory provisions of section 2(1)(b) of the Niger Delta Development Commission (Establishment etc ) Act 2000 in the nomination, screening, confirmation, inauguration and appointment of the Ondo State representative on the Governing Board of the NDDC.
5. A DECLARATION that the 1st Defendant shall at all times when considering the nomination of any person to represent Ondo State on the Governing Board of the NDDC take into consideration only persons from the Oil Producing Areas from the Plaintiffs communities for such purpose.
6. AN ORDER nullifying, cancelling, invalidating and setting aside the purported appointment, confirmation and inauguration of the 7th Defendant as the Ondo State representative on the Governing Board of the Niger Delta Development Commission being a wanton violation of section 2(1) (b) of the Niger Delta Development Commission (Establishment etc) Act 2000.
7. AN ORDER OF INJUNCTION restraining the 7th Defendant from parading or holding himself out or performing the functions and duties of the office of Ondo State Representative on the Niger Delta Development Commission not being an indigene of the Oil Producing Areas of Ondo State.
8. AN ORDER directing the 7th Defendant to forthwith surrender, relinquish, account for and refund to the Federal Government of Nigeria any funds paid to him by way of allowances, renumeration, salary, emolument, any vehicle(s) assigned to him while purportedly acting as the Ondo State representative on the Governing Board of the NDDC and to vacate the office as the Ondo State Representative.
9. PERPETUAL INJUNCTION restraining the 1st to 6th Defendants from further recognizing, or dealing with or according the 7th Defendant any privileges whatsoever as the Ondo State representative on the Governing Board of the NDDC.
10. AN ORDER directing the 1st Defendant to nominate forthwith an indigene of the oil producing areas of Ondo State to replace the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC.
Dated this day of 2023.

DR. BENSON ENIKUOMEHIN, FCPA
DAVID OLUSEGUN ADEDARA, ESQ.
SAMUEL O. EBIWANNO, ESQ.
AMENAWON ADDO, ESQ.
SAMSON OLUWASEUN FAPETU, ESQ.
JOSEPH O. ENIKUOMEHIN, ESQ.
PLANTIFFS’ SOLICITORS
BENSON ENIKUOMEHIN &CO.
SHALLOM CHAMBERS
1, BARR. BENSON ENIKUOMEHIN AVENUE, ROCKVIEW ESTATE,
OPP. COLLEGE OF AGRICULTURE 2ND GATE, OFF OBA-ILE ROAD,
AKURE, ONDO STATE, NIGERIA.
08122233445, 08034055486, 07037773390
[email protected]; [email protected]
FOR SERVICE ON:

1. 1ST & 4TH DEFENDANTS,
FEDERAL MINISTRY OF JUSTICE,
SHEHU SHAGARI WAY,
MAITAMA, ABUJA.

2. 2ND & 3RD DEFENDANTS,
NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA,
NATIONAL ASSEMBLY COMPLEX,
THREE ARMS ZONE, ABUJA, FCT.

3. 5TH & 6TH DEFENDANTS,
MINISTRY OF NIGER DELTA AFFAIRS,
11TH FLOOR,
FEDERAL SECRETARIAT, PHASE 1, ABUJA.

4. 7TH DEFENDANT,
BARR. BENSON ENIKUOMEHIN AVENUE,
ROCKVIEW ESTATE,
OPP. COLLEGE OF AGRICULTURE 2ND GATE,
OFF OBA-ILE ROAD,
AKURE, ONDO STATE, NIGERIA.

IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:

BETWEEN:
1. THE INCORPORATED TRUSTEES OF UGBOLAND }
OIL AND GAS PRODUCING HOST COMMUNITIES }
DEVELOPMENT ASSOCIATION ( UGBOAPHOCDA) }
2. APOSTLE JAYEOLA OLUMIDE OLADIPUPO- PLAINTIFFS
(Secretary of UGBOAPHOCDA) }
3. MS. ADEOKAN OMOFELE (Treasurer UGBOAPHOCDA) }
4. MR. OMOYELE KEHINDE IRAPADA (Welfare Officer }
of UGBOAHOCDA) }
(The 2nd -4th Plaintiffs are suing for themselves and on behalf of members of
Ugboland Oil and Gas Producing Host Communities Development Association) }

AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA }
2. THE NATIONAL ASSEMBLY OF THE FEDERAL }
REPUBLIC OF NIGERIA }
3. THE SENATE OF THE FEDERAL REPUBLIC OF }
NIGERIA }
4. THE ATTORNEY GENERAL OF THE }
FEDERATION DEFENDANTS
5. THE MINISTER OF NIGER DELTA AFFAIRS }
6. THE PERMANENT SECRETARY MINISTRY OF NIGER }
DELTA AFFAIRS }
7. HON. OLUGBENGA EDEMA }

COMRADE EGANOSI AYENUBERU WRITTEN STATEMENT ON OATH
I, COMRADE EGANOSI AYENUBERU, Adult, Male, Businessman, Nigerian Citizen now residing at Plot 10, Road 1, Atipere Oda Road, Akure, Ondo State, Nigeria do hereby make oath and say as follows:
1. That I am an indigene of the oil producing area in Ondo State from Odonla Community; a member and the Senior Research Officer of the 1st Plaintiff, (Ugboland Oil & Gas Producing Host Communities Development Association)
2. That 1st Plaintiff was incorporated in August, 2018 with the Corporate Affairs Commission (CAC) in Abuja for the purpose of promoting, advancing, enhancing, propagating and defending the interests of the Oil Producing Area of Ugboland.
3. That the 2nd, 3rd and 4th Plaintiffs are the Secretary, Treasurer and Welfare Officers of the 1st Plaintiff respectively.
4. That by virtue of being the Senior Research Officer of the 1st Plaintiff I am very familiar and conversant with the activities of the 1st Plaintiff and the facts deposed to herein.
5. That am aware that the Board of Trustees of the 1st Plaintiff held a meeting virtually sometimes on the 25th of December, 2022 where it was resolved among others that legal actions should be taken to set aside the purported appointment and confirmation of the 7th Defendant as the Ondo State representative on the governing board of the Niger Delta Development Commission (NDDC).
6. That I know as a fact that the 7th Defendant is not an indigene of the Oil Producing Areas of Ondo State.
7. That the 7th Defendant hails from Ogogoro community in Ilaje Local Government that does not produce crude oil Mineral and that no oil company operating in Ondo State is exploring and exploiting crude oil mineral in Ogogoro Community.
8. That I know as a fact that efforts were made in recent times to search for crude oil mineral in and around Ogogoro community which yield no positive result.
9. That the Oil Producing Communities in Ilaje Local Government are located solely and exclusively as at today in Ugbo communities spanning from Abetobo in the west to Odun-Ebighan in the East where Ondo State shares boundary with Delta State.
10. That the Ugboland Communities are: ABETOBO, ABETOBO ZION, IDOGUN EHINMORE, ZION EHINMORE, IDOGUN NLA, IDOGUN AYADI, LEPE, ZION AYADI, OGBOTI, OJABINENI, YAYE, WOMITENREN, OLOTU NIYE, OLOTU YARA, OLOTU ZION, OLOTU KUWO, OKUN IPIN, ERUNA, ERUNA ERO, ERUNA IKORIGHO, UGBONLA, ODE-UGBO, AYETORO, IDIOGBA, IDIOGBA OKE, ZION ALUBA, UGBO EKE, ALAGBON, ALAGBON ZION, MOBIDO, OROTO, OMOSEHIN, ASUMAGA, BIJIMI, OTUMARA SEASIDE, OTUMARA, ILOWO, AGO OLORI ALUFA, ORI-OKE HARAMA, SAHEYI, ILOWO AYETORO, ILOWO OGUNSEMORE, ILOWO ZION, ILOWO NLA, ILEPETE OFEDEGBE, ILEPETE BAMGBOSE, ILEPETE LEKE, ILEPETE AYADI, ILEPETE SOKISO, ILEPETE IMANI, ILEPETE EGBUKUYOMI, OBE-JEDO, OBE ADUN, ZION AKINJINRIN, OBE AKINJINRIN, APATA ILAJE, OBENLA, OBE-UHI, OBE-MAGBE, OBE-OGBARO, OBE-AKINGBOYE, OBE-ENIKANOSELU, OBE-MEGBA, OBE-KUGBANRE, OBE-REBIMINU, OBE-IFENLA, OBE-LOMORE, OBE-IJI, OBE-ARENEWO, OBE-EREMIYE, OBE-REWOYE, OBE-SEDARA, OBE-FAGBIN, OBE-OSOMARIGO,OBE-ORISABINONE, OBE-BOWOTO, SUKUNA, OJUMOLE, IRE-OLUWA, AJEGUNLE, ILU AYO, TEMUHI OTUMARA, ZION IKORIGHO, AJANA BEGURU, OGO OLUWA, AYERIN, IGOSO, IKORIGHO, EYINMOGHAN, ILU ERI, KENRO, ODONLA, JAJIRIN, BOMAGHA, SALEM CITY, MONEHIN, ILU ABO, OBELE, AGANYEBI, MEDU,ONIDEREWU, ZION JINRINWO, AKINSOLU, ODUMOMI, AGBEDE, JINRINWO, ODOFADO, GBAGARA, MESE, AWOYE, OKE OLUWA, AGO NATI, IKUYINMINU, AGO OSE, MOLUTEHIN, IGO, AINEHIN, UBALE KEKERE, UBALE NLA, ZION ORIRETAN, ODUN ORIRETAN, ODUN OGELOMAYON, ODUN FARIFARI, ODUN OYINBO, ZION ODUN OYINBO, ODUN OGUNGBEJE, ODUN PERU, EKE BEKU, EKE ODUNJO, EKE YONRIN, EKE OKORO, ITIOLA, EKE YOYO, EKE ATIYE, EKE NLA, EKE DIDI, EKE ILUTITUN, EKE INUESEKUN, EKE MAHA, EKE MAGBA, EKE OFOLAJETAN, EKE MOLD, EKE EBIGHAN.
11. That sometime in October, 2022 the 1st Defendant, President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria wrote a letter to the 3rd Defendant, Senate of the Federal Republic of Nigeria in which he nominated the 7th Defendant and others for confirmation as Chairman and members of the governing Board of the Niger Delta Development Commission (NDDC)
12. That I watched the proceedings of the Senate on a national Television in which the name of the 7th Defendant was read out as the nominee to represent Ondo State on the Board of the NDDC.
13. That a copy of the letter of the 1st Defendant to the 3rd Defendant indicates that the request for confirmation of the appointment of the 7th Defendant, Chairman and other members of the Niger Delta Development Commission (NDDC) was made in line with the provision of section 2(2)(a) of the Niger Delta Development Commission (establishment etc) Act CAP.N86, Laws of the Federation of Nigeria 2004. The Letter of the 1st Defendant dated 21st October, 2022 is hereby pleaded
14. That the 7th Defendant is from Ogogoro Community (a non-crude oil producing community) in Ilaje Local Government Area of Ondo State.
15. That the nomination of the 7th Defendant who is not an indigene of the Oil Producing Area is not acceptable to the plaintiffs and members of the Oil Producing Areas of Ondo State.
16. That a number of Associations and Groups from the oil producing areas have protested against the nomination of the 7th Defendant and wrote petitions to the 3rd Defendant not to confirm the appointment/nomination of the 7th Defendant as the Ondo State Representative on the Board of the NDDC, on the ground that the 7th defendant is not an indigene of the oil producing area of Ondo State as required by section 2(1) B of the NDDC Act 2000.
17. That I am aware that the Federation of Ugbo Kingdom Youth wrote to the Chairman Senate Committee on the NDDC and verified their petition with sworn affidavit at the Federal High Court, Abuja rejecting the nomination of the 7th defendant as the Ondo State representative on the Board of the NDDC. The Letter of Federation of Ugbo Kingdom Youth is hereby pleaded
18. That I am aware that the Association known as Host Communities of Nigeria (producing Oil and Gas) Ondo State Chapter wrote to the 3rd defendant rejecting the nomination of the 7th defendant and requesting the 3rd defendant not to confirm the nomination of the 7th defendant as the Ondo State Representative on the Board of the NDDC. The Letter of Host Communities of Nigeria (Producing Oil and Gas) Ondo State Chapter is hereby pleaded.
19. That the 3rd defendant on 20th of December, 2022 notwithstanding the protest and petitions from the Oil Producing Area of Ondo State confirmed the nomination of the 7th defendant as the Ondo State Representative on the Board of the NDDC,
20. That sequel to the confirmation of the 7th Defendant by the 3rd Defendant, the Board of Trustees of the 1st Plaintiff held an extra ordinary meeting in which it was resolved that legal steps be taken to protect the interest of the Oil Producing Areas of Ondo State. THE MINUTES OF MEETING IS HEREBY PLEADED.
21. That I know the 1st Plaintiff on the 28th of December, 2022 wrote to the 1st Defendant not to inaugurate the 7th Defendant as a member of the NDDC representing Ondo State because the 7th Defendant is not an indigene of the oil producing area of Ondo State. Copy of the letter is hereby pleaded.
22. That the 1st plaintiff also wrote to the 4th defendant on 28th the 28th December, 2022 to prevail on the 1st defendant not to inaugurate the 7th defendant as a member representing Ondo on the Board of the NDDC in that the 7th defendant is not an indigene of the Oil Producing Area of Ondo State as required by the NDDC Act 2000. Copy of the said letter is hereby pleaded.
23. That I know as a fact that the Oil Producing Areas of Ondo State are well known and demarcated by the Oil Exploration and Exploitation areas map as prepared by DECOPLAS Development, Consultant and Planning Associate (Environmental Scientist, Land Surveyors, Physical Development Planners, Architect and Engineer) sometime in July 2004. The Certified True Copy (CTC) of the OIL EXPLORATION AND EXPLOITATION AREAS (MAP) IN ONDO STATE, NIGERIA obtained from the Ondo State Library Services, Akure IS HEREBY PLEADED
24. That I know as a fact that the 7th defendant’s community (Ogogoro) is not one of the communities listed in the said Map as forming part of the Oil Producing Area in Ondo State.
25. That the oil companies exploring and exploiting crude oil mineral in Ondo State are well known to me. They are: Chevron Nigeria Limited, Conoil Producing Company Limited, Express Petroleum and Gas Company Limited.
26. That I know that Chevron Nigeria Limited has two main oil mining leases namely, Chevron 1 OML 49 and Chevron 1 OML 95.
27. That the operation of Chevron OML 49 in Ondo State is onshore and and are located in Ugboland communities. The oil fields are :
a. Omuro oil field
b. Ojumole 1,2,3, and 4
c. Opuekeba consisting about 19 oil wells.
28. That none of the oil fields mentioned above is located in Ogogoro Community where the 7th Defendant hails from.
29. That Chevron 1 OML 95 covers the following oil wells and fields, which are:
a. TAPA
b. MEREN 1
c. MEREN 2
d. MEJO FIELD
e. EKO
f. EWA
g. META
h. PARABE
i. OPOLO 1
j. OPOLO 2
k. MALU
l. RUTA
m. MINA
n. ESA
o. ESAN WEST
p. MINA WEST
q. EWAN
30. That the following oil wells are also located on OML 95.
a. KITO
b. AGBAKOBA
c. SANGO FIELD
d. OLOYE.
31. That I know as a fact KITO, AGBAKOBA, SANGO AND OLOYE FIELDS are COVERED FIELDS WHICH ARE NOT CREDITED TO ONDO STATE PRODUCTION.
32. That the above named oil fields are located in the contingent zone adjacent to Ugboland Communities.
33. That the 7th Defendant’s Community (Ogogoro) is not within the contingent zone where these oil wells and fields are located.
34. That I am aware that Chevron Nigeria Limited over the years have continued to recognize Ugbo Communities as their only Host Communities in Ondo State.
35. That in pursuance to these recognitions, the company has entered into series of Memoranda of Understanding (MoU) with the Ugbo Communities through various Associations. Some of the memoranda include that of January 2006, January 2017, and the latest one January, 2021. The January 1, 2006, January 1, 2017 and January 1, 2021 Memoranda of Understanding signed with Associations representing the interests of Ugbo Communities are hereby pleaded.
36. That the 7th defendant community has never been a party to any of the MoUs signed with Chevron Nigeria Limited.
37. That I know as a fact that Conoil Producing Limited has the Oil Mining Lease (OML) 103 in Ondo State and its operation is in the shallow waters abutting/adjacent to Ugboland Communities. The 2 oil fields are EBISAN AND BELLA.
38. That on the 31st of December, 2010 Conoil Producing Limited entered into Memorandum of Understanding with the two Ugboland Associations namely: OBE-CONFEDERATION and Association of Ilaje Central Oil Producing Communities (ASICOPC) where its operations cover. The Memorandum of Understanding is hereby pleaded
39. That I know that the 7th Defendant’s community (Ogogoro) was not a party to this MoU because it is not an oil producing community.
40. That Express Petroleum and Gas Company Limited has the Oil Mining Lease (OML) 108 known as Ukpokiti field. The Ukpokiti field consists of 6 oil wells, namely,
a. Ukpokiti 1,
b. Ukpokiti 2,
c. Ukpokiti 3,
d. Ukpokiti 4,
e. Ukpokiti 5 and
f. Ukpokiti 6.
41. That the above named oil field is located in the contingent zone adjacent zone to Ugboland Communities.
42. That in January 2014 Express Petroleum signed a Memorandum of Understanding with Ilaje Host Communities of Ugboland. The MoU dated January 1, 2014 signed with the Ugboland Coaster Communities is hereby pleaded
43. That the 7th Defendant’s community (Ogogoro) was not a party to the said MoU.
44. That sometime in 1992, the Military Administration of General Ibrahim Babaginda established the Oil Mineral Producing Areas Development Commission (OMPADEC) by Decree 23 of July, 1992.
45. That one Prince Adebanjo Edema, from Ogogoro Community, sibling of the 7th Defendant was appointed as the Ondo State Commissioner to the Board of OMPADEC.
46. That the Ugboland Communities were dissatisfied with his misrepresentation and non-performance on the OMPADEC Board, worse still, he was not an indigene of the oil producing area.
47. That on May 23, 1995, the Ugbo Kingdom Oil Producing Communities took an Advertorial in the Daily Times Newspaper and wrote an Open Letter to the then Head of State, General Sanni Abacha requesting for the removal of Prince Adebanjo Edema from the Board of OMPADEC. The Certified True Copy (CTC) of the Publication in the Daily Times Newspaper as obtained from the National Library of Nigeria, Public Services Department, FCT Branch Area 2, Garki Abuja is hereby pleaded.
48. That the then Head of State, General Sanni Abacha headed the call of the Ugbo Kingdom Oil Producing Communities and removed Prince Adebanjo Edema from the Board of OMPADEC and replaced him with Chief Fola Iwatan who hails from Odun-Igo in the oil producing area.
49. That the 7th Defendant and the said Prince Adebanjo Edema are not only siblings but are from the same Ogogoro Community which is a non-oil producing community.
50. That the Niger-Delta Development Commission (establishment etc) Act 2000 (NDDC Act) (now CAP N86 replaced the OMPADEC Decree No. 23 of 1992.
51. That the NDDC Act in Section 2(1)(b) mandates the 1st Defendant to nominate only indigenes of the oil producing area in Ondo State to represent the State on the Board of the NDDC.
52. That since the establishment of the NDDC in 2000 till 2017, only indigenes of Ugboland had represented Ondo State on the Board of the NDDC. The names of the representatives from year 2000-2017 are as follows:
a. Chief Olusola Alexander Oke SAN 2000-2004 from Ilowo Community
b. Dr. Ibukun Omotehinse 2005 – 2009 from Obe-Rebiminu community.
c. Dr. Benson Enikuomehin 2009 – 2011 from Obe-Enikanoselu community.
d. Mr. Dele Omogbemi 2011 – 2013 from Obenla community.
e. Barr. Benson Amuwa 2013 – 2015 from Odun-Igo community.
f. H.E. Lucky Ayedatiwa (Current Deputy Governor of Ondo State) 2017 from Obenla community.
53. That upon the establishment of Ondo State Oil Producing Area Development Commission (OSOPADEC) in 2003, the law provides that only indigenes of the oil producing Area shall be chairman and members of the Board.
54. That the OSOPADEC LAW, 2003 specifically provided under section 2 that only indigenes of the oil producing area can be made the Chairman of the Commission. Attached and marked Exhibit O is the photocopy of the The OSOPADEC Law, 2003 (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006).
55. That from the inception of OSOPADEC in year 2003 till 2017 only indigenes of Oil Producing Areas from Ugboland had served as the Chairman of OSOPADEC, and they are:
a. Dr. Ibukun Omotehinse from Obe-Rebiminu
b. Chief Olusola Oke, SAN, from Ilowo
c. Late Chief Adewale Omojuwa from Ilowo
d. Chief Debo Ajimuda from Idi-Ogba
e. Pastor Johnson Ogunyemi from Idiogba-Alagbon
56. That the Governor of Ondo State (Oluwarotimi Akeredolu, SAN) acted contrary to the Ondo State Oil Producing Area Development Commission Law, 2003 (OSOPADEC) that requires that the Chairman and members of OSOPADEC should be indigenes of the oil producing areas of the State, appointed the 7th defendant (a non-indigene from Ogogoro community) to be the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) in March 2017.
57. That the appointment of the 7th Defendant/Respondent generated serious agitations and condemnation from Ugboland oil producing area which eventually culminated in a law suit at the Ondo State High Court against the 7th Defendant and the Ondo State Government The suit was however withdrawn on the intervention of Royal Fathers and elders in the Oil Producing Area of the State.
58. That the 4 years 7th Defendant spent as OSOPADEC Chairman, from 2017 to 2021 was injurious to the oil producing communities of Ugboland in that there were no meaningful or tangible projects executed in the communities.
59. That all effort made by Plaintiffs to the 3rd Defendant that the 7th Defendant is not an indigene of the Oil Producing Area of Ugboland was not heeded.
60. That the Plaintiffs thereafter wrote to the 1st Defendant urging him not to inaugurate the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC. Letter to the 1st Defendant is hereby pleaded.
61. That the Plaintiffs also wrote to the 4th Defendant as the Chief Law Officer of the Federation to prevail on the 1st Defendant not to inaugurate the 7th Defendant as the Ondo State representative on the board of the NDDC owing to the fact that he is not an indigene of the Oil Producing Areas of Ondo State as required by the NDDC Act 2000. The acknowledged letter in the office of the 4th Defendant/Respondent is hereby pleaded
62. The 1st & 4th Defendants failed, refused and neglected to heed the admonitions and facts contained in the above letters, rather they instructed the 5th & 6th Defendants to inaugurate the 7th Defendant as a member of the Governing Board of the NDDC.
63. The 6th Defendant by the letter signed by himself with reference MNDA/PRS/502/S.1/T2/65 dated December 29, 2022 invited stakeholders in the development of the Niger Delta region to grace the inauguration of the 7th Defendant and others. Letter of the 6th Defendant is hereby pleaded.
64. That on Wednesday, January 4, 2023 at the Congress Hall, Transcorp Hilton Hotel, Abuja, the 5th Defendant inaugurated the 7th Defendant as a member of the governing board of the NDDC.
65. The 7th Defendant who is not an indigene of the oil producing area of Ondo State has now resumed as the Ondo State representative on the Governing Board of the NDDC and has commenced board meetings and other activities touching, affecting, relating to the office of the Ondo State representative as they affect Ugboland Communities.
66. That I COMRADE EGANOSI AYENUBERU depose to this affidavit in good faith, conscientiously believing the content to be true and correct and in accordance with the Oath Act in force.

…………………
D E P O N E N T
SWORN to at the Federal High Court Registry
Akure this day of 2023.

BEFORE ME

COMMISSIONER FOR OATH

IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:
BETWEEN:

1. THE INCORPORATED TRUSTEES OF UGBOLAND }
OIL AND GAS PRODUCING HOST COMMUNITIES }
DEVELOPMENT ASSOCIATION ( UGBOAPHOCDA) }
2. APOSTLE JAYEOLA OLUMIDE OLADIPUPO- PLAINTIFFS
(Secretary of UGBOAPHOCDA) }
3. MS. ADEOKAN OMOFELE (Treasurer UGBOAPHOCDA) }
4. MR. OMOYELE KEHINDE IRAPADA (Welfare Officer }
of UGBOAPHOCDA) }
(The 2nd -4th Plaintiffs are suing for themselves and on behalf of members of
Ugboland Oil and Gas Producing Host Communities Development Association) }

AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA }
2. THE NATIONAL ASSEMBLY OF THE FEDERAL }
REPUBLIC OF NIGERIA }
3. THE SENATE OF THE FEDERAL REPUBLIC OF }
NIGERIA }
4. THE ATTORNEY GENERAL OF THE }
FEDERATION DEFENDANTS
5. THE MINISTER OF NIGER DELTA AFFAIRS }
6. THE PERMANENT SECRETARY MINISTRY OF NIGER }
DELTA AFFAIRS }
7. HON. OLUGBENGA EDEMA }
AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE
I, APOSTLE JAYEOLA OLUMIDE OLADIPUPO, Adult, Male, Nigerian Citizen, Clergy, Legal Practitioner, Secretary of Ugboland Oil and Gas Producing Host Communities Development Association now residing at No. 1 Olumide Jayeola Lane, Alagbaka G.R.A, Akure, Ondo State, Nigeria do hereby make oath and say as follows:
1. That I am an indigene of Ondo State, from Erunona Community in the oil producing area of Ilaje Local Government Area of the State and I represent myself, the Incorporated Trustees and members of Ugboland Oil and Gas Producing Host Communities Development Association and all the good people of the oil producing areas in Ilaje Local Government Area of Ondo State. I am the Secretary of the Board of Trustees of Ugboland Oil and Gas Producing Host Communities Development Association (1st Plaintiff/Applicant) and I have the consent and authority of the 1st Plaintiff/Applicant and the other Plaintiffs/Applicants herein to depose to the facts stated in this affidavit.
2. That I am from Erunona Community in Ugboland of Ilaje Local Government Area of Ondo State. Erunona Community forms an integral part of the Oil Producing Areas of Ilaje Local Government Area of Ondo State.
3. That the 1st Plaintiff is a Non-Governmental Organization registered under the then Part C [now Part F] of the Companies and Allied Matters Act, 2020 and has the locus to sue and be sued in its corporate name through its incorporated trustees. The 3rd Plaintiff is the Treasurer and member of the Board of Trustees of the 1st Plaintiff whilst the 4th Plaintiff is the Welfare Officer and member of the Board of Trustees of the 1st Plaintiff.
4. The 1st Plaintiff was incorporated amongst other things to promote, protect and enhance the welfare of the oil producing area of Ugboland as stated in its constitution. Copy of the CTC of the Certificate of Incorporation of the 1st Plaintiff together with its aims and objectives is hereby pleaded.
5. That by virtue of the aforesaid positions, I am very conversant and familiar with the facts deposed to herein as they are within my personal knowledge, information and belief or as may otherwise be informed by my solicitors.
6. That on the 25th of December, 2022, the Board of Trustees of the 1st Plaintiff held an Extra-Ordinary meeting virtually and resolved among others things that legal steps should be taken to protect the interest of the Oil Producing Companies of Ugboland as it relates to the purported appointment and confirmation of the 7th Defendant (a non-indigene of the oil producing areas of Ondo State) to represent Ondo State on the Governing board of the Niger Delta Development Commission (NDDC). Minutes of the said meeting as signed by the Chairman and myself as the Secretary of the Board of Trustees of the 1st Plaintiff respectively is hereby pleaded.
7. That the 1st Defendant who is the President and Commander-In Chief of the Federal Republic of Nigeria is empowered both by the Constitution of Nigeria and the Niger Delta Development Commission (Establishment etc) Act 2000 to appoint indigenes of the Oil Producing Areas of member States of the NDDC to the Governing Board of the NDDC.
8. That on the 21st of October, 2022 the 1st Defendant exercised the power aforesaid by nominating the 7th Defendant and others to the 3rd Defendant via the said letter for confirmation as the Ondo State Representative on the Board of the NDDC.
9. The letter of the 1st Defendant referred to above quoted the Niger Delta Development Commission Establishment Act 2004 as the law enabling the 1st Defendant to act. The letter of the 1st Defendant dated 21st October, 2022 addressed to the 3rd Defendant is hereby pleaded.
10. That the 7th Defendant is not an indigene of the Oil Producing Areas of Ondo State and that in fact he is from Ogogoro Community, which is a non-Oil Producing Area in Ilaje Local Government Area of Ondo State.
11. That a lot of protests greeted the nomination of the 7th Defendant and petitions were written to the 3rd Defendant to reject the nomination of the 7th Defendant.
12. That specifically the Federation of Ugbo Kingdom Youth wrote to the Chairman Senate Committee on the NDDC and verified their petition with affidavit sworn to at the Federal High Court rejecting the nomination of the 7th Defendant as the Ondo State Representative on the Board of the NDDC. Copy of the said petition is hereby pleaded.
13. That in the same December, 2022 the association known as Host Communities of Nigeria (Producing Oil and Gas) Ondo State chapter also wrote to the chairman of the Senate Committee on the NDDC rejecting the nomination of the 7th Defendant. The said petition is hereby pleaded.
14. That the Senate Committee on the Niger Delta Development Commission (NDDC) presided over by Senator Bulus K. Amos screened the 7th Defendant on Thursday, 15th December, 2022 and wrote a report to this effect. The said report of the Committee dated 20th December, 2022 recommended to the 3rd Defendant that the 7th Defendant who is an indigene of Ogogoro community ( a non-crude oil producing area of Ondo State) should be confirmed as the Ondo State Representative on the governing Board of the NDDC. The Senate Committee on NDDC’s Report is hereby pleaded and relied upon.
15. That the 3rd Defendant confirmed the nomination of the 7th Defendant on 20/12/2022 against the avalanche of protests and petitions written against the 7th Defendant that his nomination is against the clear provisions of Section 2(1) (b) NDDC Act, 2000. The Votes and Proceedings of Tuesday, 20th December, 2022 of the 3rd Defendant in which the 7th Defendant was confirmed as the Ondo State Representative on the Board of the NDDC is hereby pleaded.
16. That Ogogoro Community where the 7th Defendant hails from is not and has never been an oil producing community in Ilaje Local Government Area of Ondo State.
17. That it is only in Ugboland comprising of communities from Abetobo (from the west) to Eke-Ebighan (in the eastern part sharing boarder with Delta State) that form the Oil Producing Areas of Ondo State. The Ugboland Communities are: ABETOBO, ABETOBO ZION, IDOGUN EHINMORE, ZION EHINMORE, IDOGUN NLA, IDOGUN AYADI, LEPE, ZION AYADI, OGBOTI, OJABINENI, YAYE, WOMITENREN, OLOTU NIYE, OLOTU YARA, OLOTU ZION, OLOTU KUWO, OKUN IPIN, ERUNA, ERUNA ERO, ERUNA IKORIGHO, UGBONLA, ODE-UGBO, AYETORO, IDIOGBA, IDIOGBA OKE, ZION ALUBA, UGBO EKE, ALAGBON, ALAGBON ZION, MOBIDO, OROTO, OMOSEHIN, ASUMAGA, BIJIMI, OTUMARA SEASIDE, OTUMARA, ILOWO, AGO OLORI ALUFA, ORI-OKE HARAMA, SAHEYI, ILOWO AYETORO, ILOWO OGUNSEMORE, ILOWO ZION, ILOWO NLA, ILEPETE OFEDEGBE, ILEPETE BAMGBOSE, ILEPETE LEKE, ILEPETE AYADI, ILEPETE SOKISO, ILEPETE IMANI, ILEPETE EGBUKUYOMI, OBE-JEDO, OBE ADUN, ZION AKINJINRIN, OBE AKINJINRIN, APATA ILAJE, OBENLA, OBE-UHI, OBE-MAGBE, OBE-OGBARO, OBE-AKINGBOYE, OBE-ENIKANOSELU, OBE-MEGBA, OBE-KUGBANRE, OBE-REBIMINU, OBE-IFENLA, OBE-LOMORE, OBE-IJI, OBE-ARENEWO, OBE-EREMIYE, OBE-REWOYE, OBE-SEDARA, OBE-FAGBIN, OBE-OSOMARIGO,OBE-ORISABINONE, OBE-BOWOTO, SUKUNA, OJUMOLE, IRE-OLUWA, AJEGUNLE, ILU AYO, TEMUHI OTUMARA, ZION IKORIGHO, AJANA BEGURU, OGO OLUWA, AYERIN, IGOSO, IKORIGHO, EYINMOGHAN, ILU ERI, KENRO, ODONLA, JAJIRIN, BOMAGHA, SALEM CITY, MONEHIN, ILU ABO, OBELE, AGANYEBI, MEDU,ONIDEREWU, ZION JINRINWO, AKINSOLU, ODUMOMI, AGBEDE, JINRINWO, ODOFADO, GBAGARA, MESE, AWOYE, OKE OLUWA, AGO NATI, IKUYINMINU, AGO OSE, MOLUTEHIN, IGO, AINEHIN, UBALE KEKERE, UBALE NLA, ZION ORIRETAN, ODUN ORIRETAN, ODUN OGELOMAYON, ODUN FARIFARI, ODUN OYINBO, ZION ODUN OYINBO, ODUN OGUNGBEJE, ODUN PERU, EKE BEKU, EKE ODUNJO, EKE YONRIN, EKE OKORO, ITIOLA, EKE YOYO, EKE ATIYE, EKE NLA, EKE DIDI, EKE ILUTITUN, EKE INUESEKUN, EKE MAHA, EKE MAGBA, EKE OFOLAJETAN, EKE MOLD, EKE EBIGHAN
18. That the following companies operating onshore and offshore Ondo State are carrying out their exploration and exploitation of crude oil mineral activities in and around Ugboland communities. The companies are:
a. Chevron Nigeria Limited.
b. Consolidated Oil Producing Limited
c. Express Petroleum and Gas Company Limited.
19. That Chevron Nigeria Limited operates Chevron 1 Oil Mining Lease 49 and another Chevron 1 Oil Mining Lease 95 respectively.
20. That Chevron 1 Oil Mining Lease 49 has the following Oil fields in Ugbo Communities, namely:
a. Omuro fields
b. Ojumole fields which have Ojumole 1,2,3,and 4 oil wells
c. Opuekeba fields which have over 19 oil wells.
21. That the communities from Obe-Akingboye, Obe-Enikanoselu, Obe-Rebiminu to Obe-Bowoto through Ojumole to Ikorigho passing through Odonla, Jirinwo through Awoye to Molutehin play host to these onshore fields of Chevron Nigeria Limited. That the communities mentioned herein are located in Ugboland. That Ogogoro Community where the 7th Defendant hails from does not form part of these communities.
22. That Chevron OML95 has the following oil fields in the shallow waters aborting Ugboland Communities. They are:
a. TAPA
b. MEREN 1
c. MEREN 2
d. MEJO FIELD
e. EKO
f. EWA
g. META
h. PARABE
i. OPOLO 1
j. OPOLO 2
k. MALU
l. RUTA
m. MINA
n. ESAN
o. ESAN WEST
p. MINA WEST
q. EWAN
That the following oil wells are also located on the contingent zone in OML 95 operated by Chevron. They are
i. KITO
ii. AGBAKOBA
iii. SANGO FIELD
iv. OLOYE.
23. That I know as a fact that KITO, AGBAKOBA, SANGO AND OLOYE FIELDS are COVERED FIELDS WHICH ARE NOT CREDITED TO ONDO STATE PRODUCTION.
24. That none of the oil fields mentioned above is located or aborting 7th Defendant’s Community, Ogogoro
25. That over the years Chevron Nigeria Limited has always had relationship with her host communities wherein she signs Memorandum of Understanding and later Global Memorandum of Understanding with the host communities in Ugboland to the exclusion of Ogogoro community.
26. That in 2006, Chevron Nigeria Limited signed a Memorandum of Understanding with the Ilaje Coaster Communities of Ugboland. The said memorandum so signed is hereby pleaded.
27. That in the year 2017, Chevron Nigeria Limited, Association of Ugbo Coaster Communities (Ilaje-Ugbo Coaster Communities Association known as ILUCCOMA) an umbrella body for AICECUM, OBE-CONFEDERATION and ASICOPC and the Ondo State Government entered into a tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING (OMOU). The OMOU signed by the parties is hereby pleaded and relied upon.
28. That again in the year 2021, the same Chevron Nigeria Limited, AMONA-UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA-representing Ugboland Communities) and the Ondo State Government also signed another tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING. The 2021 OMOU signed is hereby pleaded
29. That 7th Defendant’s community (Ogogoro) is not and has never been party to these memoranda.
30. That Consolidated Oil Producing Limited (Conoil) operates Oil Mining Lease (OML103) which consists of EBISAN and BELLA fields: all located in Ugboland Communities.
31. The operation of Conoil covers from Obe Communities to Abetobo.
32. That Conoil also entered into Memorandum of Understanding with its host communities which are all in Ugboland. The Memorandum of Understanding dated 31st day of December, 2010 between Conoil and Ugboland communities is pleaded.
33. That the 7th Defendant/Respondent’s Community, Ogogoro is not a party to the Memorandum signed with Conoil.
34. That Express Petroleum and Gas Company Limited (Express oil) operates OML108 on the shallow waters of Ugbo communities. The oil field is known and called Ukpokiti 1. The Oil Company has also entered into Memorandum of Understanding dated January, 2014 with Ugboland Host Communities. The MoU executed between the company and the host communities is hereby pleaded.
35. That the 7th Defendant’s community, Ogogoro was not a party to the MoU signed with Express Petroleum and Gas Company Limited.
36. That the Oil Producing Communities of Ondo State are well known and demarcated by the map showing the oil exploration and exploitation areas in Ondo State as prepared by DECOPLAS Development Consultants and Planning Associates, a team of Environmental Scientists, Land Surveyor, Physical Development Planners, Architect and Engineers in 2004. The Certified True Copy of the Oil Exploration and Exploitation Map obtained from the Ondo State Library Services, Akure on 08/08/2011 is hereby pleaded.
37. That the 7th Defendant’s community that is, Ogogoro does not form part of any of these communities that the oil companies relate with.
38. That sometime in 1992, the Oil Mineral Producing Areas Development Commission (OMPADEC) was established by the Federal Government to cushion the effect that Oil Mineral exploration and exploitation cause in the Niger Delta area.
39. That one Prince Adebanjo Edema, who is the elder brother of the 7th Defendant/Respondent and who hails from Ogogoro Community was appointed by the Federal Government to represent Ondo State on the Board of OMPADEC.
40. That the Oil Producing Communities of Ugboland kicked against the appointment and fought for his removal on the grounds of incompetence and that he was not from the Oil Producing Areas.
41. That on May 23, 1995 at page 4 of the Daily Times Newspaper, the Oil Producing Communities of Ugbo Kingdom wrote an open letter to the then Head of State and Commander in Chief of the Armed Forces, General Sanni Abacha, requesting for the removal of the said Prince Adebanjo Edema on the board of OMPADEC. The Certified True Copy (CTC) of the Daily Times Newspaper advertorial of May 23, at Page 4 placed by Ugbo Kingdom Oil Producing communities obtained from the National Library of Nigeria, Public Services Department, FCT Branch, Area 2, Garki, Abuja is hereby pleaded.
42. That the said Prince Adebanjo Edema from Ogogoro community was in fact and in truth removed by the then Head of State, General Sanni Abacha, sequel to the Open Letter written by the Ugbo Kingdom Oil Producing Communities, and was replaced by one Chief Fola Iwatan who hails from Odun-Igho in the Oil Producing Areas of Ugboland.
43. That the Niger Delta Development Commission (Establishment etc) Act 2000 replaced the OMPADEC Decree No. 23 of 1992.
44. That the NDDC Act 2000 in Section 2(1)(b) provides that only indigenes of the Oil Producing Areas in Ondo State can represent the State on the Governing Board of the NDDC.
45. That since the establishment of the NDDC in 2000 till 2017 ONLY INDIGENES of Ugboland had represented Ondo State on the Board of the NDDC. The names of the representatives from year 2000-2017 are as follows:
a. Chief Olusola Alexander Oke SAN 2000-2004 from Ilowo Community
b. Dr. Ibukun Omotehinse 2005 – 2009 from Obe-Rebiminu Community.
c. Dr. Benson Enikuomehin 2009 – 2011 from Obe-Enikanoselu Community.
d. Mr. Dele Omogbemi 2011 – 2013 from Obenla Community.
e. Barr. Benson Amuwa 2013 – 2015 from Odun-Igo Community.
f. H.E. Lucky Ayedatiwa (Current Deputy Governor of Ondo State) 2017 from Obenla Community.
46. That upon the establishment of Ondo State Oil Producing Areas Development Commission (OSOPADEC) in 2003, the law provides that only indigenes of the Oil Producing Areas shall be chairman and members of the Board.
47. That the OSOPADEC LAW, 2003 specifically provided under Section 2 that only indigenes of the oil producing area can be made the Chairman of the Commission. The OSOPADEC Law, 2003 (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006) is pleaded.
48. That from the inception of OSOPADEC in year 2003 till 2017 only indigenes of Oil Producing Areas from Ugboland had served as the Chairman of OSOPADEC, and they are:
a. Dr. Ibukun Omotehinse from Obe-Rebiminu
b. Chief Olusola Oke, SAN, from Ilowo
c. Late Chief Adewale Omojuwa from Ilowo
d. Chief Debo Ajimuda from Idi-Ogba
e. Pastor Johnson Ogunyemi from Idiogba-Alagbon
49. That the Governor of Ondo State (Oluwarotimi Akeredolu, SAN) contrary to the Ondo State Oil Producing Areas Development Commission Law, 2003 (OSOPADEC) that requires that the Chairman and members of OSOPADEC should be indigenes of the oil producing areas of the State, appointed the 7th defendant (a non-indigene from Ogogoro Community) to be the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) in March 2017.
50. That the appointment of the 7th Defendant generated serious agitations and condemnation from Ugboland oil producing area which eventually culminated in a law suit at the Ondo State High Court. The suit was however withdrawn on the intervention of Royal Fathers and elders in the Oil Producing Areas of the State. That the 4 years 7th Defendant spent as OSOPADEC Chairman, from 2017 to 2021 was injurious to the oil producing communities of Ugboland in that there were no meaningful or tangible projects executed in the communities.
51. That all representations made by Plaintiffs to the 3rd Defendant that the 7th Defendant is not an indigene of the Oil Producing Areas of Ugboland was not heeded.
52. That the Plaintiffs thereafter wrote to the 1st Plaintiff urging him not to inaugurate the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC. The acknowledged letter of the Plaintiffs in the office of the 1st Defendant is hereby pleaded.
53. That the Plaintiffs also wrote to the 4th Defendant as the Chief Law Officer of the Federation to prevail on the 1st Defendant not to inaugurate the 7th Defendant as the Ondo State Representative on the board of the NDDC, owing to the fact that the 7th Defendant is not an indigene of the Oil Producing Areas of Ondo State as required by Section 2 (1) (b) of the NDDC Act 2000. The said acknowledged letter in the office of the 4th Defendant in hereby pleaded.
54. The 1st & 4th Defendants failed, refused and neglected to heed the admonitions and facts contained in the above letters, rather they instructed the 5th & 6th Defendants to inaugurate the 7th Defendant as a member of the Governing Board of the NDDC representing Ondo State.
55. The 6th Defendant by the letters signed by himself with Reference MNDA/PRS/502/S.1/T2/65 dated December 29, 2022 invited stakeholders in the development of the Niger Delta region to grace the inauguration of the 7th Defendant and others. The copy of the letter is hereby pleaded.
56. That on Wednesday, January 4, 2023 at the Congress Hall, Transcorp Hilton Hotel, Abuja, the 7th Defendant was inaugurated as a member of the governing board of the NDDC. The photograph taken by the 7th Defendant with another guest at the inauguration is hereby pleaded.
57. The 7th Defendant has now resumed as the Ondo State representative on the Governing Board of the NDDC and has commenced board meetings and other activities touching, affecting, relating to the office of the Ondo State representative as they affect Ugboland Communities.
58. That the activities of the 7th Defendant will be prejudicial and inimical to the interest and aspirations of the Plaintiffs.
59. That I, APOSTLE JAYEOLA OLUMIDE OLADIPUPO depose to this affidavit in good faith, conscientiously believing the content to be true and correct and in accordance with the Oath Act in force.

…………….
DEPONENT
SWORN to at the Federal High Court Registry,
Akure this day of 2023.

BEFORE ME

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:

BETWEEN:

1. THE INCORPORATED TRUSTEES OF UGBOLAND }
OIL AND GAS PRODUCING HOST COMMUNITIES }
DEVELOPMENT ASSOCIATION ( UGBOAPHOCDA) }
2. APOSTLE JAYEOLA OLUMIDE OLADIPUPO- PLAINTIFFS
(Secretary of UGBOAPHOCDA) }
3. MS. ADEOKAN OMOFELE (Treasurer UGBOAPHOCDA) }
4. MR. OMOYELE KEHINDE IRAPADA (Welfare Officer }
of UGBOAPHOCDA) }
(The 2nd -4th Plaintiffs are suing for themselves and on behalf of members of
Ugboland Oil and Gas Producing Host Communities Development Association) }

AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA }
2. THE NATIONAL ASSEMBLY OF THE FEDERAL }
REPUBLIC OF NIGERIA }
3. THE SENATE OF THE FEDERAL REPUBLIC OF }
NIGERIA }
4. THE ATTORNEY GENERAL OF THE }
FEDERATION DEFENDANTS
5. THE MINISTER OF NIGER DELTA AFFAIRS }
6. THE PERMANENT SECRETARY MINISTRY OF NIGER }
DELTA AFFAIRS }
7. HON. OLUGBENGA EDEMA }
AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE
I, OMOYELE KEHINDE IRAPADA, Adult, Male, Nigerian Citizen, Businessman, Welfare Officer of Ugboland Oil and Gas Producing Host Communities Development Association now residing at No. 13 Peter Eke Street, Sijuwade Area, Akure, Ondo State do hereby make oath and say as follows:
1. That I am an indigene of Ondo State from Obe-Jedo Community in the oil producing area of Ilaje Local Government Area of the State and I represent myself, the Incorporated Trustees and members of Ugboland Oil and Gas Producing Host Communities Development Association and all the good people of the oil producing areas in Ilaje Local Government Area of Ondo State. I am the Welfare Officer of Ugboland Oil and Gas Producing Host Communities Development Association (1st Plaintiff/Applicant) and I have the consent and authority of the 1st Plaintiff/Applicant and the other Plaintiffs/Applicants herein to depose to the facts stated in this affidavit.
2. That I am from Obe-Jedo Community in Ugboland of Ilaje Local Government Area of Ondo State. Obe-Jedo community forms an integral part of the Oil Producing Areas of Ilaje Local Government Area of Ondo State.
3. That I am the current Secretary of AMONA UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA) which association acts on behalf of Ugboland communities and deals exclusively with Chevron Nigeria Limited on matters affecting, touching and concerning the coastal host communities.
4. That the 1st Plaintiff/ Applicant is a Non-Governmental Organization registered under the then Part C [now Part F] of the Companies and Allied Matters Act and it has the locus to sue and be sued in its corporate name through its incorporated trustees. The 2nd Plaintiff/Applicant is the Secretary of the Board of Trustees of the 1st Plaintiff/Applicant whilst the 3rd Plaintiff is the Treasurer of the 1st Plaintiff/ Applicant. I am the Welfare Officer of the 1st Plaintiff/Applicant.
5. The 1st Plaintiff/Applicant is registered amongst others to promote, protect and enhance the welfare of the oil producing area of Ugboland as stated in its constitution. Copy of the CTC of the Certificate of Incorporation of the 1st Plaintiff together with its aims and objectives attached and marked Exhibit A.
6. That by virtue of the aforesaid positions, I am very conversant and familiar with the facts deposed to herein as they are within my personal knowledge, information and belief or as may otherwise be informed by my solicitors.
7. That on the 25th of December, 2022, Trustees of the 1st Plaintiff/Applicant held an Extra-Ordinary meeting of the Board of Trustees virtually and resolved among others that legal steps should be taken to protect the interest of the Oil Producing Communities of Ugboland as it relates to the purported appointment and confirmation of a non-indigene to represent Ondo State on the Governing board of the Niger Delta Development Commission (NDDC). Minutes of the said meeting as signed by the Chairman and the Secretary of the board of trustees of the 1st Plaintiff/ Applicant is attached and marked Exhibit B.
8. That the 1st Defendant/Respondent who is the President and Commander-In Chief of the Federal Republic of Nigeria is empowered both by the Constitution of Nigeria and the Niger Delta Development Commission (establishment etc) Act 2000 to appoint indigenes of the oil Producing Areas of member States of the NDDC to the Governing Board of the NDDC.
9. That on the 21st of October, 2022 the 1st Defendant/Respondent exercised the power aforesaid by nominating the 7th Defendant/Respondent and others to the 3rd Defendant/Respondent via the said letter for confirmation as the Ondo State Representative on the Board of the NDDC.
10. The letter of the 1st Defendant/Respondent referred to above quoted the Niger Delta Development Commission Establishment Act 2004 as the law enabling the 1st Defendant/Respondent to act. Attached and marked Exhibit C is the copy of the said letter.
11. That the 7th Defendant/Respondent is not an indigene of the Oil Producing Area of Ondo State and that in fact he is from Ogogoro Community, which is a non-Oil Producing Area in Ilaje Local Government Area of Ondo State.
12. That a lot of protests greeted the nomination of the 7th Defendant/Respondent and petitions were written to the 3rd Defendant/Respondent to reject the nomination of the 7th Defendant/Respondent.
13. That specifically the Federation of Ugbo Kingdom Youth wrote to the Chairman Senate Committee on the NDDC and verified their petition with affidavit sworn to at the Federal High Court rejecting the nomination of the 7th Defendant/Respondent as the Ondo State Representative on the Board of the NDDC. Attached and marked Exhibit D is a copy of the petition.
14. That in the same December, 2022 the association known as Host Com munities of Nigeria (Producing Oil and Gas) Ondo State chapter also wrote to the chairman of the NDDC rejecting the nomination of the 1st Defendant/Respondent. Attached and marked exhibit E is a copy of the said letter.
15. That the 3rd Defendant/Respondent refused and rejected all the petitions aforesaid and went ahead to screen the 7th Defendant/Respondent.
16. That the Senate Committee on the Niger Delta Development Commission (NDDC) presided over by Senator Bulus K. Amos screened the 7th Defendant/Respondent on Thursday, 15th December, 2022 and wrote a report to this effect. The said report of the Committee dated 20th December, 2022 recommended to the 3rd Defendant/Respondent that the 7th Defendant/Respondent who is an indigene of Ogogoro community should be confirmed as the Ondo State Representative on the governing Board of the NDDC. Attached and marked exhibit F is a copy of the Senate Committee on NDDC’s report.
17. That the 3rd Defendant/Respondent confirmed the nomination of the 7th Defendant on 20/12/2022 against the avalanche of protests and petitions written against the 7th Defendant that his nomination is against the NDDC Act, 2000. Attached and marked Exhibit G is the Votes and Proceedings of Tuesday, 20th December, 2022 of the 3rd Defendant/Respondent in which the 7th Defendant was confirmed as the Ondo State Representative on the Board of the NDDC.
18. That Ogogoro Community where the 7th Defendant/Applicant hails from is not and has never been an oil producing community in Ilaje Local Government Area of Ondo State.
19. That it is only in Ugboland comprising of communities from Abetobo to Eke-Ebighan that form the Oil Producing Areas of Ondo State. The Ugboland Communities are: ABETOBO, ABETOBO ZION, IDOGUN EHINMORE, ZION EHINMORE, IDOGUN NLA, IDOGUN AYADI, LEPE, ZION AYADI, OGBOTI, OJABINENI, YAYE, WOMITENREN, OLOTU NIYE, OLOTU YARA, OLOTU ZION, OLOTU KUWO, OKUN IPIN, ERUNA, ERUNA ERO, ERUNA IKORIGHO, UGBONLA, ODE-UGBO, AYETORO, IDIOGBA, IDIOGBA OKE, ZION ALUBA, UGBO EKE, ALAGBON, ALAGBON ZION, MOBIDO, OROTO, OMOSEHIN, ASUMAGA, BIJIMI, OTUMARA SEASIDE, OTUMARA, ILOWO, AGO OLORI ALUFA, ORI-OKE HARAMA, SAHEYI, ILOWO AYETORO, ILOWO OGUNSEMORE, ILOWO ZION, ILOWO NLA, ILEPETE OFEDEGBE, ILEPETE BAMGBOSE, ILEPETE LEKE, ILEPETE AYADI, ILEPETE SOKISO, ILEPETE IMANI, ILEPETE EGBUKUYOMI, OBE-JEDO, OBE ADUN, ZION AKINJINRIN, OBE AKINJINRIN, APATA ILAJE, OBENLA, OBE-UHI, OBE-MAGBE, OBE-OGBARO, OBE-AKINGBOYE, OBE-ENIKANOSELU, OBE-MEGBA, OBE-KUGBANRE, OBE-REBIMINU, OBE-IFENLA, OBE-LOMORE, OBE-IJI, OBE-ARENEWO, OBE-EREMIYE, OBE-REWOYE, OBE-SEDARA, OBE-FAGBIN, OBE-OSOMARIGO,OBE-ORISABINONE, OBE-BOWOTO, SUKUNA, OJUMOLE, IRE-OLUWA, AJEGUNLE, ILU AYO, TEMUHI OTUMARA, ZION IKORIGHO, AJANA BEGURU, OGO OLUWA, AYERIN, IGOSO, IKORIGHO, EYINMOGHAN, ILU ERI, KENRO, ODONLA, JAJIRIN, BOMAGHA, SALEM CITY, MONEHIN, ILU ABO, OBELE, AGANYEBI, MEDU,ONIDEREWU, ZION JINRINWO, AKINSOLU, ODUMOMI, AGBEDE, JINRINWO, ODOFADO, GBAGARA, MESE, AWOYE, OKE OLUWA, AGO NATI, IKUYINMINU, AGO OSE, MOLUTEHIN, IGO, AINEHIN, UBALE KEKERE, UBALE NLA, ZION ORIRETAN, ODUN ORIRETAN, ODUN OGELOMAYON, ODUN FARIFARI, ODUN OYINBO, ZION ODUN OYINBO, ODUN OGUNGBEJE, ODUN PERU, EKE BEKU, EKE ODUNJO, EKE YONRIN, EKE OKORO, ITIOLA, EKE YOYO, EKE ATIYE, EKE NLA, EKE DIDI, EKE ILUTITUN, EKE INUESEKUN, EKE MAHA, EKE MAGBA, EKE OFOLAJETAN, EKE MOLD, EKE EBIGHAN
20. That the following companies operating onshore and offshore Ondo State are carrying out their exploration and exploitation of crude oil mineral in and around Ugboland communities. The companies are:
a. Chevron Nigeria Limited.
b. Consolidated Oil Producing Limited
c. Express Petroleum and Gas Company Limited.
21. That Chevron Nigeria Limited operates Chevron 1 Oil Mining Lease 49 and another Chevron 1 Oil Mining Lease 95
22. That Chevron 1 Oil Mining Lease 49 has the following Oil fields in Ugbo Communities, namely:
a. Omuro fields
b. Ojumole fields
c. Opuekeba fields
23. That the communities from Obe-Akingboye, Obe-Enikanoselu, Obe-Rebiminu to Obe-Bowoto through Ojumole to Ikorigho passing through Odonla, Jirinwo through Awoye to Molutehin play host to these onshore fields of Chevron Nigeria Limited. That the communities mentioned herein are located in Ugboland. That Ogogoro Community where the 7th Defendant hails from does not form part of these communities.
24. That Chevron OML95 has the following oil fields in the shallow waters aborting Ugboland Communities. They are:
a. TAPA
b. MEREN 1
c. MEREN 2
d. MEJO FIELD
e. EKO
f. EWA
g. META
h. PARABE
i. OPOLO 1
j. OPOLO 2
k. MALU
l. RUTA
m. MINA
n. ESAN
o. ESAN WEST
p. MINA WEST
q. EWAN
That the following oil wells are also located on the contingent zone in OML 95 operated by Chevron. They are
i. KITO
ii. AGBAKOBA
iii. SANGO FIELD
iv. OLOYE.
25. That I know as a fact that KITO, AGBAKOBA, SANGO AND OLOYE FIELDS are COVERED FIELDS WHICH ARE NOT CREDITED TO ONDO STATE PRODUCTION.
26. That none of the oil fields mentioned above is located or aborting 7th Defendant/Respondent’s Community, Ogogoro
27. That over the years Chevron Nigeria Limited has always had relationship with her host communities wherein she signs Memorandum of Understanding and later Global Memorandum of Understanding with the host communities in Ugboland to the exclusion of Ogogoro community.
28. That in 2006, Chevron Nigeria Limited signed a Memorandum of Understanding with the Ilaje Coaster Communities of Ugboland. Attached and marked Exhibit H is a copy of the memorandum.
29. That in the year 2017, Chevron Nigeria Limited, Association of Ugbo Coaster Communities (Ilaje-Ugbo Coaster Communities Association known as ILUCCOMA) an umbrella body for AICECUM, OBE-CONFEDERATION and ASICOPC and the Ondo State Government entered into a tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING (OMOU). Attached and marked Exhibit I is a copy of the OMOU.
30. That in the year 2021, the same Chevron Nigeria Limited, AMONA-UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA-representing Ugboland Communities) and the Ondo State Government also signed another tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING. Attached and marked Exhibit J is a copy of the 2021 OMOU.
31. That 7th Defendant/Respondent’s community (Ogogoro) is not and has never been party to these memoranda.
32. That Consolidated Oil Producing Limited (Conoil) operates OML103 which covers from Obe Communities to Abetobo.
33. That Conoil also entered into Memorandum of Understanding with the host communities all in Ugboland. Attached and marked exhibit K is a copy of the Memorandum of Understanding dated 31st day of December, 2010 between Conoil and Ugboland communities.
34. That the 7th Defendant/Respondent’s Community, Ogogoro is not a party to the Memorandum signed with Conoil.
35. That Express Petroleum and Gas Company Limited (Express oil) operates OML108 on the shallow waters of Ugbo communities. The oil field is known and called Ukpokiti 1. The oil company has also entered into Memorandum of Understanding dated January, 2014 with Ugboland Host Communities. Attached and marked exhibit L is a copy of the MoU executed between the company and the host communities.
36. That the 7th Defendant/Respondent’s community, Ogogoro was not a party to the MoU signed with Express Petroleum and Gas Company Limited.
37. That the Oil Producing Communities of Ondo State are well known and demarcated by the map showing the oil exploration and exploitation areas in Ondo State as prepared by DECOPLAS Development Consultants and Planning Associates, a team of Environmental Scientists, Land Surveyor, Physical Development Planners, Architect and Engineers in 2004. Attached and marked exhibit M is a certified true copy of the oil exploration and exploitation map obtained from the Ondo State Library Services, Akure on 08/08/2011
38. That the 7th Defendant’s/Respondent’s community that is, Ogogoro does not form part of any of these communities that the oil companies relate with.
39. That sometime in 1992, the Oil Mineral Producing Areas Development Commission (OMPADEC) was established by the Federal Government to cushion the effect that Oil Mineral exploration and exploitation cause in the Niger Delta area.
40. That one Prince Adebanjo Edema, who is the elder brother of the 7th Defendant/Respondent and who hails from Ogogoro Community was appointed by the Federal Government to represent Ondo State on the Board of OMPADEC.
41. That the Oil Producing Communities of Ugboland kicked against the appointment and fought for his removal on the grounds of incompetence and that he was not from the Oil Producing Areas.
42. That on May 23, 1995 at page 4 of the Daily Times Newspaper, the Oil Producing Communities of Ugbo Kingdom wrote an open letter to the then Head of State and Commander in Chief of the Armed Forces, General Sanni Abacha, requesting for the removal of the said Prince Adebanjo Edema on the board of OMPADEC. Attached and marked exhibit N is a certified true copy of the Daily Times Newspaper advertorial of May 23, at Page 4 placed by Ugbo Kingdom Oil Producing communities obtained from the National Library of Nigeria, Public Services Department, FCT Branch, Area 2, Garki, Abuja.
43. That the said Prince Adebanjo Edema from Ogogoro community was in fact and in truth removed by the then Head of State, General Sanni Abacha, sequel to the Open Letter written by the Ugbo Kingdom Oil Producing Communities, and was replaced by one Chief Fola Iwatan who hails from Odun-Igho in the Oil Producing Areas of Ugboland.
44. That the Niger Delta Development Commission (establishment etc) Act 2000 replaced the OMPADEC Decree No. 23 of 1992.
45. That the NDDC Act 2000 in Section 2(1)(b) provides that only indigenes of the Oil Producing Areas in Ondo State can represent the State on the Governing Board of the NDDC.
46. That since the establishment of the NDDC in 2000 till 2017 ONLY INDIGENES of Ugboland had represented Ondo State on the Board of the NDDC. The names of the representatives from year 2000-2017 are as follows:
a. Chief Olusola Alexander Oke SAN 2000-2004 from Ilowo Community
b. Dr. Ibukun Omotehinse 2005 – 2009 from Obe-Rebiminu Community.
c. Dr. Benson Enikuomehin 2009 – 2011 from Obe-Enikanoselu community.
d. Mr. Dele Omogbemi 2011 – 2013 from Obenla Community.
e. Barr. Benson Amuwa 2013 – 2015 from Odun-Igo Community.
f. H.E. Lucky Ayedatiwa (Current Deputy Governor of Ondo State) 2017 from Obenla Community.
47. That upon the establishment of Ondo State Oil Producing Areas Development Commission (OSOPADEC) in 2003, the law provides that only indigenes of the oil producing Area shall be chairman and members of the Board.
48. That the OSOPADEC LAW, 2003 specifically provided under Section 2 that only indigenes of the oil producing area can be made the Chairman of the Commission. Attached and marked Exhibit O is the photocopy of the The OSOPADEC Law, 2003 (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006).
49. That from the inception of OSOPADEC in year 2003 till 2017 only indigenes of Oil Producing Areas from Ugboland had served as the Chairman of OSOPADEC, and they are:
a. Dr. Ibukun Omotehinse from Obe-Rebiminu
b. Chief Olusola Oke, SAN, from Ilowo
c. Late Chief Adewale Omojuwa from Ilowo
d. Chief Debo Ajimuda from Idi-Ogba
e. Pastor Johnson Ogunyemi from Idiogba-Alagbon
50. That the Governor of Ondo State (Oluwarotimi Akeredolu, SAN) contrary to the Ondo State Oil Producing Area Development Commission Law, 2003 (OSOPADEC) that requires that the Chairman and members of OSOPADEC should be indigenes of the oil producing areas of the State, appointed the 7th defendant (a non-indigene from Ogogoro Community) to be the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) in March 2017.
51. That the appointment of the 7th Defendant/Respondent generated serious agitations and condemnation from Ugboland oil producing area which eventually culminated in a law suit at the Ondo State High Court. The suit was however withdrawn on the intervention of Royal Fathers and elders in the Oil Producing Areas of the State. That the 4 years 7th Defendant spent as OSOPADEC Chairman, from 2017 to 2021 was injurious to the oil producing communities of Ugboland in that there were no meaningful or tangible projects executed in the communities.
52. That all effort made by Plaintiffs/Applicants to the 3rd Defendant/Respondent that the 7th Defendant/ Respondent is not an indigene of the Oil Producing Areas of Ugboland was not heeded.
53. That the Plaintiffs/Applicant thereafter wrote to the 1st Defendant urging him not to inaugurate the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC. Attached and marked Exhibit P is a copy of the acknowledged letter in the office of the 1st Defendant/Respondent.
54. That the Plaintiffs/Applicants also wrote to the 4th Defendant as the Chief Law Officer of the Federation to prevail on the 1st Defendant/Respondent not to inaugurate the 7th Defendant/Respondent as the Ondo state representative on the board of the NDDC, owing to the fact that he is not an indigene of the Oil Producing Areas of Ondo State as required by the NDDC Act 2000. Attached and marked exhibit and Q is the acknowledged of the said letter in the office of the 4th Defendant/Respondent.
55. The 1st & 4th Defendants/Respondents failed, refused and neglected to heed the admonitions and facts contained in the above letters, rather they instructed the 5th & 6th Defendants/Respondents to inaugurate the 7th Defendant/Respondent as a member of the Governing Board of the NDDC.
56. The 6th Defendant/Respondent by the letters signed by himself with reference MNDA/PRS/502/S.1/T2/65 dated December 29, 2022 invited stakeholders in the development of the Niger Delta region to grace the inauguration of the 7th Defendant/Respondent and others. Attached and marked exhibit R is a copy of one of such letters.
57. That on Wednesday, January 4, 2023 at the Congress Hall, Transcorp Hilton Hotel, Abuja. The 7th Defendant/Respondent was inaugurated as a member of the governing board of the NDDC. Attached and marked exhibit S is a copy of the photograph taken by the 7th Defendant/Respondent with another guest at the inauguration.
58. The 7th Defendant/Respondent has now resumed as the Ondo State representative on the Governing Board of the NDDC and has commenced board meetings and other activities touching, affecting, relating to the office of the Ondo State representative as they affect Ugboland Communities.
59. That the activities of the 7th Defendant/Respondent will be prejudicial and inimical to the interest and aspirations of the Plaintiffs/Applicants.
60. That it is in the interest of justice, fairness and equity to grant this application so that the 7th Defendant/Respondent will not dissipate the resources meant for the development of the Plaintiffs/Applicants communities on frivolous matters.
61. That the granting of this application will be to the benefits and larger interest of the Plaintiffs/Applicants and the Oil Producing Areas of Ondo State.
62. That I undertake on behalf of the Plaintiffs/Applicants to indemnify the Defendants especially the 7th Defendant if this matter is found to be frivolous and unmeritorious at the end of this case.
63. That I OMOYELE KEHINDE IRAPADA depose to this affidavit in good faith, conscientiously believing the content to be true and correct and in accordance with the Oath Act in force.
…………….
DEPONENT
SWORN to at the Federal High Court Registry,
Akure this day of 2023.

BEFORE ME:

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA
IN THE AKURE JUDICIAL DIVISION
HOLDEN AT AKURE
SUIT NO:

BETWEEN:

1. THE INCORPORATED TRUSTEES OF UGBOLAND }
OIL AND GAS PRODUCING HOST COMMUNITIES }
DEVELOPMENT ASSOCIATION ( UGBOAPHOCDA) }
2. APOSTLE JAYEOLA OLUMIDE OLADIPUPO- PLAINTIFFS
(Secretary of UGBOAPHOCDA) }
3. MS. ADEOKAN OMOFELE (Treasurer UGBOAPHOCDA) }
4. MR. OMOYELE KEHINDE IRAPADA (Welfare Officer }
of UGBOAPHOCDA) }
(The 2nd -4th Plaintiffs are suing for themselves and on behalf of members of
Ugboland Oil and Gas Producing Host Communities Development Association) }

AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA }
2. THE NATIONAL ASSEMBLY OF THE FEDERAL }
REPUBLIC OF NIGERIA }
3. THE SENATE OF THE FEDERAL REPUBLIC OF }
NIGERIA }
4. THE ATTORNEY GENERAL OF THE }
FEDERATION DEFENDANTS
5. THE MINISTER OF NIGER DELTA AFFAIRS }
6. THE PERMANENT SECRETARY MINISTRY OF NIGER }
DELTA AFFAIRS }
7. HON. OLUGBENGA EDEMA }
AFFIDAVIT IN SUPPORT OF THE MOTION ON NOTICE
I, OMOYELE KEHINDE IRAPADA, Adult, Male, Nigerian Citizen, Businessman, Welfare Officer of Ugboland Oil and Gas Producing Host Communities Development Association now residing at No. 13 Peter Eke Street, Sijuwade Area, Akure, Ondo State do hereby make oath and say as follows:
1. That I am an indigene of Ondo State from Obe-Jedo Community in the oil producing area of Ilaje Local Government Area of the State and I represent myself, the Incorporated Trustees and members of Ugboland Oil and Gas Producing Host Communities Development Association and all the good people of the oil producing areas in Ilaje Local Government Area of Ondo State. I am the Welfare Officer of Ugboland Oil and Gas Producing Host Communities Development Association (1st Plaintiff) and I have the consent and authority of the 1st Plaintiff and the other Plaintiffs herein to depose to the facts stated in this affidavit.
2. That Obe-Jedo community forms an integral part of the Oil Producing Areas of Ilaje Local Government Area of Ondo State.
3. That I am the current Secretary of AMONA UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA) which association acts on behalf of Ugboland communities and deals exclusively with Chevron Nigeria Limited on matters affecting, touching and concerning the coastal host communities.
4. That the 1st Plaintiff is a Non-Governmental Organization registered under the then Part C [now Part F] of the Companies and Allied Matters Act, 2020 and it has the locus to sue and be sued in its corporate name through its incorporated trustees. The 2nd Plaintiff is the Secretary of the Board of Trustees of the 1st Plaintiff whilst the 3rd Plaintiff is the Treasurer of the Board of Trustees of the 1st Plaintiff.
5. That the main purpose for which the 1st Plaintiff was incorporated was to promote, protect, project, enhance and defend the interest of the Oil Producing Areas of Ugboland as stated in its constitution. Copy of the CTC of the Certificate of Incorporation of the 1st Plaintiff together with its aims and objectives is hereby pleaded.
6. That by virtue of the aforesaid positions I hold in the 1st Plaintiff and the Ugboland Oil Producing Areas in Ondo State, I am very conversant and familiar with the facts deposed to herein as they are within my personal knowledge, information and belief or as may otherwise be informed by my solicitors.
7. That on the 25th of December, 2022, the Board of Trustees of the 1st Plaintiff held an Extra-Ordinary meeting virtually and resolved among others that legal steps should be taken to protect the interest of the Oil Producing Companies of Ugboland as it relates to the purported appointment and confirmation of the 7th Defendant (a non-indigene of the Oil Producing Areas of Ondo State, ie Ogogoro Community) to represent Ondo State on the Governing Board of the Niger Delta Development Commission (NDDC). The minutes of the said meeting is hereby pleaded.
8. That the 1st Defendant who is the President and Commander-In Chief of the Federal Republic of Nigeria is empowered both by the Constitution of Nigeria and the Niger Delta Development Commission (Establishment etc) Act 2000 to appoint indigenes of the Oil Producing Areas of member States of the NDDC to the Governing Board of the NDDC.
9. That on the 21st of October, 2022 the 1st Defendant exercised the power aforesaid by nominating the 7th Defendant and others to the 3rd Defendant via the said letter for confirmation as the Ondo State Representative on the Board of the NDDC. Copy of the letter is hereby pleaded;
10. That the 7th Defendant is not an indigene of the Oil Producing Areas of Ondo State and that his Community, Ogogoro, is a non-Oil Producing Area in Ilaje Local Government Area of Ondo State.
11. That the nomination of the 7th Defendant by the 1st Defendant generated a lot of protests and petitions were written to the 3rd Defendant rejecting the nomination of the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC.
12. That specifically the Federation of Ugbo Kingdom Youth in December 2022 wrote to the Chairman Senate Committee on the NDDC and verified their petition with affidavit sworn at the Federal High Court rejecting the nomination of the 7th Defendant as the Ondo State Representative on the Board of the NDDC. Copy of the petition is pleaded
13. That in the same December, 2022, the association known as Host Communities of Nigeria (Producing Oil and Gas) Ondo State Chapter also wrote to the Chairman of the Senate Committee on the NDDC rejecting the nomination of the 7th Defendant as the Ondo State Representative on the Board of the NDDC. The petition written by the association is hereby pleaded.
14. That the 3rd Defendant refused and rejected all the petitions aforesaid and went ahead to screen the 7th Defendant for confirmation.
15. That the Senate Committee on the Niger Delta Development Commission (NDDC) presided over by one Senator Bulus K. Amos, Vice Chairman of the Senate Committee on the NDDC, screened the 7th Defendant on Thursday, 15th December, 2022 and wrote a report to this effect. The said report of the Committee dated 20th December, 2022 recommended to the 3rd Defendant that the 7th Defendant, who is an indigene of Ogogoro community (a non-crude oil producing area in Ilaje Local Government Area of Ondo State) should be confirmed as the Ondo State Representative on the governing Board of the NDDC. The Committee’s Report is hereby pleaded
16. That the 3rd Defendant confirmed the nomination of the 7th Defendant on 20/12/2022 against the avalanche of protests and petitions written against the 7th Defendant that his nomination is against the provisions of Section 2 (1) (b) of the NDDC Act, 2000. The Votes and Proceedings of Tuesday, 20th December, 2022 of the 3rd Defendant/Respondent in which the 7th Defendant was confirmed as the Ondo State Representative on the Board of the NDDC is hereby pleaded.
17. That Ogogoro Community where the 7th Defendant hails from is not and has never been an oil producing community in Ilaje Local Government Area of Ondo State.
18. That it is only in Ugboland comprising of communities from Abetobo to Eke-Ebighan that form the Oil Producing Areas of Ondo State. The Ugboland Communities are: ABETOBO, ABETOBO ZION, IDOGUN EHINMORE, ZION EHINMORE, IDOGUN NLA, IDOGUN AYADI, LEPE, ZION AYADI, OGBOTI, OJABINENI, YAYE, WOMITENREN, OLOTU NIYE, OLOTU YARA, OLOTU ZION, OLOTU KUWO, OKUN IPIN, ERUNA, ERUNA ERO, ERUNA IKORIGHO, UGBONLA, ODE-UGBO, AYETORO, IDIOGBA, IDIOGBA OKE, ZION ALUBA, UGBO EKE, ALAGBON, ALAGBON ZION, MOBIDO, OROTO, OMOSEHIN, ASUMAGA, BIJIMI, OTUMARA SEASIDE, OTUMARA, ILOWO, AGO OLORI ALUFA, ORI-OKE HARAMA, SAHEYI, ILOWO AYETORO, ILOWO OGUNSEMORE, ILOWO ZION, ILOWO NLA, ILEPETE OFEDEGBE, ILEPETE BAMGBOSE, ILEPETE LEKE, ILEPETE AYADI, ILEPETE SOKISO, ILEPETE IMANI, ILEPETE EGBUKUYOMI, OBE-JEDO, OBE ADUN, ZION AKINJINRIN, OBE AKINJINRIN, APATA ILAJE, OBENLA, OBE-UHI, OBE-MAGBE, OBE-OGBARO, OBE-AKINGBOYE, OBE-ENIKANOSELU, OBE-MEGBA, OBE-KUGBANRE, OBE-REBIMINU, OBE-IFENLA, OBE-LOMORE, OBE-IJI, OBE-ARENEWO, OBE-EREMIYE, OBE-REWOYE, OBE-SEDARA, OBE-FAGBIN, OBE-OSOMARIGO,OBE-ORISABINONE, OBE-BOWOTO, SUKUNA, OJUMOLE, IRE-OLUWA, AJEGUNLE, ILU AYO, TEMUHI OTUMARA, ZION IKORIGHO, AJANA BEGURU, OGO OLUWA, AYERIN, IGOSO, IKORIGHO, EYINMOGHAN, ILU ERI, KENRO, ODONLA, JAJIRIN, BOMAGHA, SALEM CITY, MONEHIN, ILU ABO, OBELE, AGANYEBI, MEDU,ONIDEREWU, ZION JINRINWO, AKINSOLU, ODUMOMI, AGBEDE, JINRINWO, ODOFADO, GBAGARA, MESE, AWOYE, OKE OLUWA, AGO NATI, IKUYINMINU, AGO OSE, MOLUTEHIN, IGO, AINEHIN, UBALE KEKERE, UBALE NLA, ZION ORIRETAN, ODUN ORIRETAN, ODUN OGELOMAYON, ODUN FARIFARI, ODUN OYINBO, ZION ODUN OYINBO, ODUN OGUNGBEJE, ODUN PERU, EKE BEKU, EKE ODUNJO, EKE YONRIN, EKE OKORO, ITIOLA, EKE YOYO, EKE ATIYE, EKE NLA, EKE DIDI, EKE ILUTITUN, EKE INUESEKUN, EKE MAHA, EKE MAGBA, EKE OFOLAJETAN, EKE MOLD, EKE EBIGHAN
19. That the exploration and exploitation of crude oil mineral in Ondo State are carried out EXCLUSIVELY in and around Ugboland communities. The companies exploiting crude oil mineral include:
a. Chevron Nigeria Limited.
b. Consolidated Oil Producing Limited (now Conoil)
c. Express Petroleum and Gas Company Limited.
20. That Chevron Nigeria Limited operates Chevron 1 Oil Mining Lease 49 and another Chevron 1 Oil Mining Lease 95
21. That Chevron 1 Oil Mining Lease 49 has the following Oil fields in Ugbo Communities, namely:
a. Omuro field
b. Ojumole field. The field has Ojumole 1, 2, 3, and 4 oil wells
c. Opuekeba field. This field has about 19 oil wells.
22. That the communities from Obe-Akingboye, Obe-Enikanoselu, Obe-Rebiminu to Obe-Bowoto through Ojumole to Ikorigho passing through Odonla, Jirinwo through Awoye to Molutehin play host to these onshore fields of Chevron Nigeria Limited. That the communities mentioned herein are located in Ugboland. That Ogogoro Community where the 7th Defendant hails from does not form part of these communities.
23. That Chevron OML95 has the following oil fields in the shallow waters aborting Ugboland Communities. They are:
a. TAPA
b. MEREN 1
c. MEREN 2
d. MEJO FIELD
e. EKO
f. EWA
g. META
h. PARABE
i. OPOLO 1
j. OPOLO 2
k. MALU
l. RUTA
m. MINA
n. ESAN
o. ESAN WEST
p. MINA WEST
q. EWAN
That the following oil wells are also located on the contingent zone in OML 95 operated by Chevron. They are:
i. KITO
ii. AGBAKOBA
iii. SANGO FIELD
iv. OLOYE.
24. That I know as a fact that KITO, AGBAKOBA, SANGO AND OLOYE FIELDS are COVERED FIELDS WHICH ARE NOT CREDITED TO ONDO STATE PRODUCTION.
25. That none of the oil fields mentioned above is located or aborting 7th Defendant’s Community, Ogogoro
26. That over the years Chevron Nigeria Limited has always had relationship with her host communities wherein she signs Memorandum of Understanding and later Global Memorandum of Understanding with the host communities in Ugboland to the exclusion of Ogogoro community.
27. That in 2006, Chevron Nigeria Limited signed a Memorandum of Understanding with the Ilaje Coaster Communities of Ugboland and Ogogoro Community was not a party to the said MoU. The said MoU is hereby pleaded.
28. That in the year 2017, Chevron Nigeria Limited, Association of Ugbo Coaster Communities (Ilaje-Ugbo Coaster Communities Association known as ILUCCOMA) an umbrella body for AICECUM, OBE-CONFEDERATION and ASICOPC and the Ondo State Government entered into a tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING (OMOU). The 2017 OMoU is hereby pleaded
29. That in the year 2021, the same Chevron Nigeria Limited, AMONA-UGBO ILAJE COASTAL COMMUNITIES DEVELOPMENT ASSOCIATION (AMAICOMMA-representing Ugboland Communities) and the Ondo State Government also signed another tripartite OFFSHORE MEMORANDUM OF UNDERSTANDING. The 2021 OMoU is pleaded.
30. That 7th Defendant’s community (Ogogoro) was not and has never been party to these memoranda.
31. That Consolidated Oil Producing Limited (Conoil) operates OML103 which covers EBISAN AND BELLA OIL FIELDS
32. That Conoil also entered into Memorandum of Understanding with the host communities, all in Ugboland. The Memorandum of Understanding dated 31st day of December, 2010 between Conoil and Ugboland communities is hereby pleaded
33. That the 7th Defendant’s Community, Ogogoro was not a party to the Memorandum signed with Conoil.
34. That Express Petroleum and Gas Company Limited (Express oil) operates OML108 on the shallow waters of Ugbo communities. The oil field is known and called Ukpokiti 1, 2, 3, 4, 5 and 6. The oil company has also entered into Memorandum of Understanding dated January, 2014 with Ugboland Host Communities. The MoU executed between the company and the host communities is hereby pleaded.
35. That the 7th Defendant’s Community, Ogogoro was not a party to the MoU signed with Express Petroleum and Gas Company Limited.
36. That the Oil Producing Communities of Ondo State are well known and demarcated by the map showing the oil exploration and exploitation areas in Ondo State as prepared by DECOPLAS Development Consultants and Planning Associates, a team of Environmental Scientists, Land Surveyor, Physical Development Planners, Architect and Engineers in 2004. The Certified True Copy (CTC) of the Oil Exploration and Exploitation Map obtained from the Ondo State Library Services, Akure on 08/08/2011 is hereby pleaded.
37. That the 7th Defendant’s community, that is, Ogogoro does not form part of any of these communities that the oil companies relate with.
38. That sometime in 1992, the Oil Mineral Producing Areas Development Commission (OMPADEC) was established by the Federal Government to cushion the effect that Oil Mineral exploration and exploitation cause in the Niger Delta area.
39. That one Prince Adebanjo Edema, who is the elder brother of the 7th Defendant, and who also hails from Ogogoro Community was appointed by the Federal Government to represent Ondo State on the Board of OMPADEC.
40. That the Oil Producing Communities of Ugboland kicked against the appointment and fought for his removal on the grounds of incompetence and that he was not from the Oil Producing Areas.
41. That on May 23, 1995 at page 4 of the Daily Times Newspaper, the Oil Producing Communities of Ugbo Kingdom wrote an open letter to the then Head of State and Commander in Chief of the Armed Forces, General Sanni Abacha, requesting for the removal of the said Prince Adebanjo Edema on the board of OMPADEC. The Certified True Copy (CTC) of the Daily Times Newspaper advertorial of May 23, at Page 4 placed by Ugbo Kingdom Oil Producing Communities obtained from the National Library of Nigeria, Public Services Department, FCT Branch, Area 2, Garki, Abuja is pleaded
42. That the said Prince Adebanjo Edema, from Ogogoro community, was in fact removed by the then Head of State, General Sanni Abacha, sequel to the Open Letter written by the Ugbo Kingdom Oil Producing Communities, and was replaced by one Chief Fola Iwatan who hails from Igo Community in the Oil Producing Areas of Ugboland.
43. That the Niger Delta Development Commission (Establishment etc) Act 2000 replaced the OMPADEC Decree No. 23 of 1992.
44. That the NDDC Act 2000 in Section 2(1)(b) provides that only indigenes of the Oil Producing Areas in Ondo State shall represent the State on the Governing Board of the NDDC.
45. That since the establishment of the NDDC in 2000 till 2017 ONLY INDIGENES of Ugboland had represented Ondo State on the Board of the NDDC. The names of the representatives from year 2000-2017 are as follows:
a. Chief Olusola Alexander Oke SAN 2000-2004 from Ilowo Community
b. Dr. Ibukun Omotehinse 2005 – 2009 from Obe-Rebiminu Community.
c. Dr. Benson Enikuomehin 2009 – 2011 from Obe-Enikanoselu community.
d. Mr. Dele Omogbemi 2011 – 2013 from Obenla Community.
e. Barr. Benson Amuwa 2013 – 2015 from Odun-Igo Community.
f. H.E. Lucky Ayedatiwa (Current Deputy Governor of Ondo State) 2017 from Obenla Community.
46. That upon the establishment of Ondo State Oil Producing Areas Development Commission (OSOPADEC) in 2003, the law provides that only indigenes of the oil producing Area shall be chairman and members of the Board.
47. That the OSOPADEC LAW, 2003 specifically provided under Section 2 that only an indigene of the oil producing areas can be made the Chairman of the Commission. The OSOPADEC Law, 2003 (now CAP 106 Volume 3 pages 2883-2893 Laws of Ondo State of Nigeria 2006) is hereby pleaded.
48. That from the inception of OSOPADEC in year 2003 till 2017 only indigenes of Oil Producing Areas from Ugboland had served as the Chairmen of the Commission; and they are:
a. Dr. Ibukun Omotehinse from Obe-Rebiminu
b. Chief Olusola Oke, SAN, from Ilowo
c. Late Chief Adewale Omojuwa from Ilowo
d. Chief Debo Ajimuda from Idi-Ogba
e. Pastor Johnson Ogunyemi from Idiogba-Alagbon
49. That the Governor of Ondo State (Oluwarotimi Akeredolu, SAN) contrary to the Ondo State Oil Producing Area Development Commission Law, 2003 (OSOPADEC) that requires that the Chairman and members of OSOPADEC should be indigenes of the oil producing areas of the State, appointed the 7th defendant (a non-indigene from Ogogoro Community) to be the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) in March 2017.
50. That the appointment of the 7th Defendant generated serious agitations and condemnation from Ugboland oil producing areas, which eventually culminated in a law suit at the Ondo State High Court. The suit was however withdrawn on the intervention of Royal Fathers and elders in the Oil Producing Areas of the State.
51. That the 4 years the 7th Defendant spent as OSOPADEC Chairman, from 2017 to 2021 was injurious to the oil producing communities of Ugboland, in that there were no meaningful or tangible projects executed in the communities.
52. That all petitions written to the 3rd Defendant against the 7th Defendant that he is not an indigene of the oil producing area in Ondo State and that he should not be confirmed as the Ondo State Representative on the Board of the NDDC were rebuffed and neglected.
53. That the Plaintiffs thereafter wrote to the 1st Defendant urging him not to inaugurate the 7th Defendant as the Ondo State Representative on the governing Board of the NDDC. The acknowledged letter in the office of the 1st Defendant is pleaded.
54. That the Plaintiffs also wrote to the 4th Defendant as the Chief Law Officer of the Federation to prevail on the 1st Defendant not to inaugurate the 7th Defendant as the Ondo state representative on the board of the NDDC, owing to the fact that he is not an indigene of the Oil Producing Areas of Ondo State as required by the NDDC Act 2000. The acknowledged letter in the office of the 4th Defendant is hereby pleaded.
55. The 1st & 4th Defendants/Respondents failed, refused and neglected to heed the admonitions and facts contained in the above letters, rather they instructed the 5th & 6th Defendants/Respondents to inaugurate the 7th Defendant/Respondent as a member of the Governing Board of the NDDC.
56. The 6th Defendant by the letters signed by himself with Reference MNDA/PRS/502/S.1/T2/65 dated December 29, 2022 invited stakeholders in the development of the Niger Delta region to grace the inauguration of the 7th Defendant/Respondent and others. The letter is hereby pleaded
57. That on Wednesday, January 4, 2023 at the Congress Hall, Transcorp Hilton Hotel, Abuja the 5th Defendant inaugurated the 7th Defendant as a member of the governing board of the NDDC. Computer generated photograph of the 7th Defendant at the inauguration is hereby pleaded.
58. The 7th Defendant has now resumed as the Ondo State Representative on the Governing Board of the NDDC and has commenced board meetings and other activities touching, affecting, relating to the office of the Ondo State representative as they affect Ugboland Communities.
59. That I OMOYELE KEHINDE IRAPADA depose to this affidavit in good faith, conscientiously believing the content to be true and correct and in accordance with the Oath Act in force.
…………….
DEPONENT
SWORN to at the Federal High Court Registry,
Akure this day of 2023.

BEFORE ME:

COMMISSIONER FOR OATHS