of N10, 000,000,000.00 (Ten Billion Naira) for the reclamation of Ogoni land as
part of ongoing mechanisms to curtail oil pollution in the affected communities.
They have also created a Niger Delta Corporation and the Ministry of Niger Delta
which in partnership with the oil companies, international organizations, agencies,
both private and public are working to reduce gas flaring, oil pollution, degradation
of land, air and water pollution amongst others. That this is apart from the 13%
derivation benefit from the National Revenue that is paid to the oil producing
communities, and other forms of royalties the oil companies pay the affected
communities i.e. the fees, tax, duties, and levies paid to the affected states.
The Defendant state that the issue of degradation is a collective problem which does
not just affect a single community. On the notice given to the Defendant by the
Plaintiffs to produce certain agreements entered into with various companies,
organizations and corporations, the Defendant states that it is not a registry or a
depository of agreements and can therefore not produce what is not in its possession.
Finally, the Defendant submits that the Plaintiffs are not entitled to reliefs relating
to the right to self-determination as same can only be achieved by a referendum
called by the National Assembly and not the court. As to the monetary reliefs sought,
the Defendant submits that the Plaintiffs are not entitled to same having failed to pin
point any victim of the oil pollution and urged the court to dismiss this suit in its
entirety.
9. ANALYSIS OF THE COURT.
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