The Chief Judge of Bayelsa State, Justice Kate Abiri, has admonished Oil and Gas service providers and their host communities to always approach the Court to seek redress and not to resort to protests and self-help If any provision of Nigerian Oil and Gas Industry Content Development Act is flagrantly violated by the international Oil companies, either interested persons, stakeholders or members of the host communities.
Justice Abiri stated this during a one-day Local Content Development and Monitoring Board (NCDMB) Workshop for staff of the Bayelsa State Judiciary at the Nigerian Content Tower in Yenagoa with the theme: Philosophy And The Imperative Of The NOGICD Act yesterday.
According to the Chief Judge, the NOGICD Act created specific duties and obligations for operators in the Oil and Gas sector that requires compliance in order for its objectives to be realized, and that resorting to self-help and protest denies the Court its constitutional responsibility to interpret laws enacted by the legislature which Nigerian Oil and Gas Industry Content Development Act, 2010 is not an exception.
Citing the case between MOBIL PRODUCING (NIG.) UNLTD. VS. F.I.R.S (2021) 11NWLR (Pt.1788) 495, she said the Supreme Court while throwing light on Section 3 of the Associated Gas and Re-injection Act noted that “The Court has a duty to interpret legislation in a manner that ensures that its mission is accomplished. In this regard, the Court must bear in mind that a Law must not be construed to devalue/destroy its purpose”.
While highlighting the implementation and enforcement role of the court of the NOGICD Act, Justice Abiri quoted section 3 – (1) which provides that “Nigerian independent operators shall be given first consideration in the award of oil blocks, oil field licenses, oil lifting licenses and in all projects for which contract is to be awarded in the Nigerian Oil and Gas Industry subject to the fulfilment of such conditions as may be specified by the Minister”.
And section 25 says “where applicable, before carrying out any work or activity in Nigeria, the operator or other body submitting a plan shall establish in the Catchment Area where the project is to be located, a project office where project management and procurement decision making are to take place to the satisfaction of the board.
And also section 51 – (1) stipulates that “All operators, contractors and other entities engaged in any operation, business or transaction in the Nigerian Oil and Gas Industry requiring legal service shall retain only the services of a Nigerian legal practitioner or a firm or Nigerian legal practitioners whose office is located in any part of Nigeria”.
Giving further light on the possible areas where the Courts can attain the objectives of the NOGICD Act, the Justice said that even though the Local Content Board (NCDMB) is trying hard to ensure that multinational oil companies comply with the provisions of the Act, some of them have continued to violate it.
For instance, she said that section 51(1) of the Act provides that all operators, contractors and other entities engaged in any operation, business or transaction in the Nigerian Oil and Gas Industry requiring legal services shall retain only the services of a Nigerian legal practitioner or a firm of Nigerian legal practitioners whose office is located in any part of Nigeria.
Speaking earlier, the Executive Secretary of the NCDMB, Simbi Wabote, said that as critical stakeholders, the Bar and the Bench can contribute to the success of the programs of the board, particularly with respect to the interpretation of laws and regulations underpinning Nigerian Content as well as in the adjudication of disputes arising out of its implementation.
He further said that adjudication is vital responsibility which demands broad knowledge and understanding of relevant government programs, the local content program and regulation in the oil and gas industry by the Bar and the Bench who serve as Ministers in the Temple of Justice.
It is in recognition of the importance of the Bar and the Bench as stakeholders for the development of Nigerian Content in the oil and gas industry that NCDMB has leveraged on several platforms and occasions to engage the Nigerian Bar Association and the Judiciary, particularly at the national level.
He said that “for instance, NCDMB sponsored the NBA-SBL Annual International Business Law Conference in 2017, 2018, 2019, 2020 and 2021. We also sponsored the NBA Annual General Conference in 2019 and the 61st Annual General Conference of 2021 in Port Harcourt.
“NCDMB also partnered with Legal Concierge to sponsor the 2021 Young Wigs Conference which held in Kano in July 2021 with the theme, ‘Technomy: What the Law School Does Not Teach You’.
“On the side of the judiciary, NCDMB partnered with the National Judicial Institute in 2018 to organize a capacity building workshop for judges in Abuja; and in August 2020 (amid COVID-19), again we partnered with Periscope Consulting to organize another capacity building workshop for judges, which was held virtually.
“At the Bayelsa State level, NCDMB supported the Sagbama Branch of NBA in 2018 to organise its Law Week themed, “A seamless Transition: The Role of the Legal Practitioner”; Sensitization and Advocacy on Pipeline Vandalism, Legal Implications and Behavior Change.
“From these instances, it is clear that our capacity building programs for the Bar and Bench have mostly been at the federal level for obvious reasons. However, NCDMB management sees it a bounden duty to also extend similar gesture to the Bayelsa State judiciary and related stakeholders, considering that Bayelsa is our host.”
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