“Our clients have instructed us to remind you that the Federal Government has not enforced the above-mentioned Judgment of the Supreme Court of Nigeria delivered on October 20, 2018″
By Teddy Nwanunobi
Human rights lawyer and a Senior Advocate of Nigeria (SAN), Femi Falana, has written a letter to the Attorney-General of the Federation (AGF), Abubakar Malami (SAN), to recover $62 billion from international oil companies (IOCs) as ordered by the Supreme Court.
Falana, who also threatened to sue the AGF if he fails to act, made his position known in a letter on Sunday titled, ‘Request for Compliance with Judgment of the Supreme Court of Nigeria in suit no SC. 964/2016 between Akwa Ibom & 2 Ors v Attorney-General of the Federation’.
“Our clients have instructed us to remind you that the Federal Government has not enforced the above-mentioned Judgment of the Supreme Court of Nigeria delivered on October 20, 2018.
“In the said judgment, the apex court had directed the Federal Government to take steps to recover all revenues lost to oil-exploring and exploiting companies due to wrong profit-sharing formula since August 2003.
“Based on the aforesaid Judgment, you did request for the immediate payment of the sum of $62bn owed by the six international oil companies with joint operating agreements with the NNPC namely Shell Petroleum Development Company, Mobil Producing Nigeria Unlimited and Chevron Nigeria Limited, Nigeria Agip Oil Company, TotalElf Nigeria and Pan Ocean Oil Company,” the letter read in part.
The letter was written on behalf of Prof. Omotoye Olorode and Jaye Gaskia of the People’s Alternative Political Movement.
Falana stated that rather than ensure that the judgment was enforced, the Minister of State for Petroleum, Timipre Sylva, claimed that the Ministry would not be able to recover the money.
“Well, we have started discussions. Let us consider that as a lost opportunity, the money was not in a cupboard, they have taken it. Nobody can bring out that kind of money. I mean we can’t get $62 billion.
“We can maybe get something from them but not $62bn. It’s an opportunity we have lost. We have already started discussions with them but what is clear is that it is a lost opportunity really,” Sylva was quoted as saying.
The activist asked the AGF to ensure that the said sum of $62 billion was recovered from the IOCs, and paid into the Federation Account without any further delay.
“However, if you fail or refuse to accede to the request of our client, we shall not hesitate to approach the Federal High Court to seek an order to compel you to comply with the judgment of the Supreme Court in accordance with Section 287(1) of the constitution which provides that “the decisions of the Supreme court shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court,” the letter further read.