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MR. MARVIN FAITHFUL AWARA CHIEF ANTHONY OPUARI CHIEF OSIMA GOGO PRETORU (FOR THEMSELVES AND AS REPRESENTING KULA COMMUNITY) V. MR. ALAYE ALALIBO BROTHER WARIBOKO EKINE 4. CLINTON IGBANIBO 4. CHIEF TETEMA IMMOH

(2002) JELR 55697 (SC)

Supreme Court  •  SC.162/1997  •  13 Dec 2002  •  Nigeria

Coram
IDRIS LEGBO KUTIGI, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC (Dissented) UTHMAN MOHAMMED, JSC (Read the Lead Judgment) UMARU ATU KALGO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC (Dissented)

Judgement

MOHAMMED, JSC (Delivering the Lead Judgment:): The appellants were defendants to an action instituted against them and their community by the respondents, as plaintiffs in the High Court of River State, holden at Degema. In the suit the respondents’ claim is as follows:-

“That the plaintiff as the owners-in-possession of theAba Boko

Fishing Port are the persons entitled to the compensation payable by the Shell-BP Petroleum Development Company of Nigeria Limited.

An order directing the Ministry of Finance, River State to release to the plaintiffs all the sums of money paid into the Rivers State Treasury by the Shell-BP Petroleum Development Company of Nigeria Limited as compensation in respect of the Ekulama Location At Aba Boko.”

The respondents explained in their statement of claim the subject matter in dispute between them and the appellants. Originally the dispute was between the respondents and Idama/Ekulama people. The dispute arose when Shell-BP discovered oil at Aba Boko Settleme…

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