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the court affirms the nogicd acts and pias recognition of host communities

Finima as Host Community – The court affirms the NOGICD Act’s and PIA’s recognition

Finima as Host Community. The Federal High Court in Abuja, on Friday 15 September 2023, has ruled that the community where an oil and gas company operates has the right to host such activities and should be engaged in that regard by the company conducting such operations.
In accordance with the Community Content Guidelines of the Nigerian Content Development and Monitoring Board, NCDMB, and the Petroleum Industry Act 2021, the Buoye Omuso (Brown) Founding Royal Major House of Finima (Founders of Finima, and owners of all lands in Finima) and Finima community in Bonny Local Government Area of Rivers State filed a lawsuit before the court. The lawsuit demanded recognition as the host community of the Nigeria LNG Limited.

The plaintiffs had on 15th August 2022, filed the suit through their Counsel, Prof Mike Ozekhome,SAN, for themselves and on behalf of the People of Finima Community of Bonny Local Government Area of Rivers State, suing four defendants, namely, the Federal Minister of Petroleum Resources, the Nigerian National Petroleum Company Limited (NNPC), Nigeria LNG Limited and Nigerian Content Development and Monitoring Board (NCDMB).

The court in its judgement held,agreeing with Ozekhome who led a team of lawyers comprising of Benson Igbanoi, Esq, Mrs Amauche Onyedum, amongst others, that, there exists a binding lease agreement between the NNPC, the NLNG Ltd and the FINIMA community; and that the community was entitled to compensation for breach of the said lease agreement.

They also complained about the Defendants’ failure to provide adequate relocation arrangements for affected members of the community which resulted in the breach of the said lease agreement and the NCDMB community guidelines.

The court also held that the plaintiffs have the locus to institute the suit in a representative capacity for the FINIMA community,as they testified and provided in court, a copy of the resolution wherein the entire community agreed to that effect.

They also, most notably, tendered an earlier judgement in rem delivered by Hon. Justice Inko-Tariah, sitting at the High Court of Rivers state, in suit no: PHC/174/72, wherein the trial Judge had declared that “all land situates and lying between FINIMA and Bonny belong to the FINIMA community represented by the Plaintiffs”.

In his decision in the case No: FHC/ABJ/CS/1419/2022, Justice Donatus Okorowo ruled in favour of the plaintiffs, the Buoye Omuso (Brown) Major House of Finima.
Respondents in the suit include Nigeria LNG Limited, the Nigerian Content Development and Monitoring Board, the Federal Ministry of Petroleum Resources, and the Nigerian National Petroleum Company Limited.
The plaintiffs had asked the court, among other things, to declare Finima as the host community of NLNG rather than Bonny Local Government Area (L.G.A.), just as the company had recognised Ogbum-nu-Abali community and Amadi-Ama community as joint host communities of its Corporate Head Office in Port Harcourt rather than Rebisi Kingdom or Okrika kingdom.

The plaintiffs, who contended in the abovementioned complaint that they are the founders and proprietors of the lands in Finima, sought and received all of the reliefs granted, represented by Amauche Onyedum, a Principal Counsel in Mike Ozekhome’s Chambers.
Some of the reliefs include, “A declaration that the Plaintiffs, who sued in a representative capacity for themselves and on behalf of the Buoye Omuso (Brown) Major House of Finima, (founders of Finima, and owners of all lands in Finima) and Finima Community in Bonny Local Government Area, Rivers State, is the host community housing the NLNG Plant and other NLNG facilities, referred to in the 2nd Defendant’s

A declaration that the defendants’ refusal, neglect, and failure to ensure compliance with Sections 25, 26, 27, and 28(2) of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Guidelines 1.0 to 7.0 of the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as they apply to the Plaintiffs’ land in their community before or after the Defendants’ conduct is illegal, wrongful, unconscionable, and unlawful.”

An order of perpetual injunction prohibiting the defendants from performing any additional works or operations on the site of the NLNG Plant in Finima Community until they have complied fully with the terms and conditions agreed upon by the plaintiffs and the third defendant, the provisions of the NOGICD Act 2010, and the Nigerian Content Development and Monitoring Board
The management of Nigeria LNG Limited responded to the court ruling by stating that the company’s solicitors were reviewing the ruling and would respond as soon as it was appropriate.

The defendants must execute a leasing agreement between the plaintiffs and the NLNG or any other pertinent party within thirty days of the ruling, according to Hon. Justice Okorowo. The defendants were given one hundred billion naira in general damages by the judge for failing to acknowledge the plaintiffs as their host community.

The business remains committed on guaranteeing and maintaining a cordial relationship with its host community as a global gas firm, according to NLNG General Manager of External Relations and Sustainable Development, Mr. Andy Odeh, in a statement.
“Nigeria LNG Limited is aware of a decision made by the Federal High Court in Abuja on a case filed by the Buoye Omuso Brown House of Finima against the Federal Ministry of Petroleum Resources, NNPCL, NLNG, and NCDMB, asking the court to interpret issues pertaining to host communities and the Petroleum Industry Act.

The company via Andy Udey further reiterated, “NLNG wishes to state that its lawyers are studying the decision and will react at the appropriate time.
“Nigeria LNG remains focused on ensuring cordial relationship with its host communities and remains committed to sustainable community development, peace in its areas of operation as it continues to be a to globally competitive LNG company helping to build a better Nigeria.”

The Honorable court, consequently, granted all the reliefs sought by the plaintiffs,to wit:

  • A DECLARATION that the Plaintiffs who sued in a representative capacity for themselves and on behalf of the Buoye Omuso (Brown) Major House of Finima, (Founders of Finima, and owners of all lands in Finima) and Finima Community in Bonny Local Government Area, Rivers State, is the host community housing the NLNG Plant and other NLNG facilities, referred to in the 2ndDefendant’s letter dated 3rd March, 1978, with reference No: GPD.001/S.1/21 50230/225, same being their ancestral homelands.
  • A DECLARATION that the refusal, failure and/or neglect by the Defendants, their representatives, aides, workers, agents, privies, and servants, to enter into a lease agreement with the Plaintiffs, and ensure compliance with the terms agreed upon by the 2ndDefendant and NCDMB Community guidelines constitutes a deprivation of the rights of the Plaintiffs as host community and a breach of the terms so agreed upon.
  • A DECLARATION that the Defendants ought not to have commenced any form of business in the Plaintiffs community without due, total and adequate compensation to and relocation of the Plaintiffs to a decent settlement which shall be in compliance with the terms duly entered into by the 2ndDefendant; and in any case not below the standards of what the Plaintiffs had enjoyed before the coming of the Defendants to their ancestral lands.
  • A DECLARATION that the Defendants’ non-compliance with the required terms, conditions and guidelines of extant laws, has had direct consequential adverse effect on the Plaintiffs, their livestock, buildings, tombs, totems, residential homes, streams, cash crops, minerals, life, means of livelihood and dignity of the human person.
  • A DECLARATION that the dealings on the said lands and alleged compensations clandestinely and surreptitiously paid to any person or persons not being the representatives of the Buoye Omuso(Brown) Major House and members of Finima Community are illegal, wrongful, unlawful, null and void and of no effect whatsoever.
  • A DECLARATION that the acts of the Defendants, whether by themselves, their workers, representatives, privies, servants, agents, e.t.c, in demolishing all, or any part of the structures, built and erected by the Plaintiffs in Finima community, including farmlands, economic trees, livestock, totems, relies, etc, and consfication of ancestral lands in Finima Community contrary to the provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, are therefore illegal, wrongful unlawful, unconscionable, null and void and of no effect whatsoever.
  • A DECLARATION that it is, illegal, wrongful, unconscionable and unlawful for the Defendants to refuse, neglect and fail to ensure due compliance with the provisions of Sections 25, 26, 27, and 28(2) of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and Guidelines 1.0 to 7.0 of the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as they affect the Plaintiffs’ land in their community before or after the commencement of work, or soon after the coming into effect of the instant Act and guidelines by the 3rd Defendant.
  • AN ORDER directing the Defendants to effect a lease agreement between the Plaintiffs and the NLNG and or any other interested or relevant party within 30 clear days from the date judgment is delivered in favor of the Plaintiffs in this suit.
  • AN ORDER directing the Defendants to accord and award the Plaintiffs directly, their entitlements, privileges and benefits which have accrued and accruable to the Plaintiffs as host community that bear the brunt of the Defendants’ operations.
  • AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, whether by themselves, their representatives, workers, servants, agents and/or privies howsoever called, from carrying out further works or operations on the site of the NLNG Plant in Finima Community until due and total compliance with the terms and conditions agreed upon by the Plaintiffs with the 3rdDefendant, the provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and the Nigerian Content Development and Monitoring Board – Community Content Guidelines (NCDMB-CCG), 2017, as well as other extant regulatory requirements.

finima opu ogbo fungu miine festival 1

Finima Opu Ogbo Fongu Mini Festival

The Finima Opu Ogbo Fungu Mini Festival: A Cultural Celebration of Resilience and Heritage on Bonny Island

The Finima Opu Ogbo Fungu Mini Festival stands as one of the most significant cultural celebrations in the Niger Delta region, drawing both local participants and visitors to the Finima community on Bonny Island, Rivers State, Nigeria. This annual festival, which has been cherished and practised by the Finima people for generations, represents far more than a mere gathering for festivities—it embodies the community’s profound connection to their ancestors, their shared history, and their unwavering commitment to preserving a cultural identity that might otherwise be eroded by the forces of modernisation and industrialisation.

At its core, the Opu Ogbo Fungu Mini Festival is a celebration of community, tradition, and the enduring spirit of the Finima people. The festival serves as a powerful reminder of who the Finima are, where they came from, and the values that have sustained them through centuries of change. It is a time when the entire community unites in a spirit of joy, reflection, and collective celebration, setting aside the ordinary routines of daily life to partake in an experience that nourishes both the soul and the communal bonds that hold the society together.

Finima Mgbele Masquerade Display

The Historical Origins: A Festival Born of Necessity

To fully appreciate the significance of the Opu Ogbo Fungu Mini Festival, one must understand the historical circumstances that gave rise to its establishment. The Finima people, like many communities along the Niger Delta, have long depended on fishing and maritime activities for their livelihoods. The Atlantic Ocean, which borders Bonny Island, has been both a provider and a challenge to the local population. Every year, the month of August traditionally brought difficult conditions for fishing. The Atlantic waters became rough and treacherous due to seasonal weather patterns, making it hazardous for fishermen to venture out to sea. For a community whose economy and way of life were so intimately tied to the rhythms of the ocean, this period of enforced inactivity posed a significant challenge.

In times past, the Finima people faced a choice during these difficult August months: they could simply idle away the time, succumbing to the monotony and potential discord that inactivity can bring to a community, or they could transform this period of limitation into an opportunity for something meaningful and uplifting. The Finima chose the latter, and thus the Opu Ogbo Fungu Mini Festival was born. Rather than loafing about in frustration at being unable to pursue their usual fishing activities, the community decided to use this time productively. The festival became a period of reflection, storytelling, and communal celebration—a way to honour the ancestors, share experiences gathered from diverse locations, and reinforce the cultural bonds that defined the Finima identity.

The Spirit of Reflection and Storytelling

Finima Siki Masquerade Display

One of the most distinctive aspects of the Opu Ogbo Fungu Mini Festival is its role as a time for reflection and the sharing of stories. During the rough August months, when fishermen could not safely go to sea, the community would gather to reflect on their experiences and share tales of their journeys to diverse locations. These storytelling sessions were far more than mere entertainment; they were a means of preserving history, transmitting wisdom, and reinforcing the shared values of the community.

Elders would recount the legends of the Finima people, speaking of their origins, their migrations, and the challenges their ancestors had overcome. Younger members of the community would listen attentively, absorbing the oral history and cultural knowledge that would later be passed on to their own children. The festival thus served as a living archive, ensuring that the collective memory of the Finima people remained vibrant and intact across generations.

This tradition of storytelling remains a vital component of the festival today. While modern conveniences and economic activities have altered many aspects of daily life on Bonny Island, the Opu Ogbo Fungu Mini Festival continues to provide a space for the exchange of narratives and experiences. Participants gather to share their own stories, whether of travel, work, or personal achievement, creating new chapters in the ongoing story of the Finima community.

The Owu-Ogbo: Celebrating Ancestral Origins Through Dramatic Performance

Central to the Opu Ogbo Fungu Mini Festival is the tradition of the owu-ogbo, a dramatic theatrical performance that depicts the ancestral origins of the Finima people. The word “owu-ogbo” carries deep significance within the Ibani cultural tradition, referring to ancestral plays or rites that honour the spirits of the forebears. These performances are not merely theatrical entertainments; they are sacred acts of remembrance and veneration, through which the community seeks to maintain a living connection with those who came before.

The owu-ogbo performances are characterised by elaborate costumes, rhythmic music, and choreographed movements that bring the stories of the ancestors to life. Participants in these performances often portray figures from Finima mythology and history, acting out scenes that illustrate the founding of the community, the challenges faced by the early settlers, and the spiritual forces that have protected and guided the people through the ages. The masquerades associated with the owu-ogbo tradition are particularly significant, as they are believed to embody the presence of the ancestors themselves, bridging the gap between the living and the dead.

Through the owu-ogbo, the Finima people celebrate their heritage and reaffirm their identity as descendants of a proud and resilient lineage. The performances serve as a powerful reminder that the community’s roots extend deep into history, and that the wisdom and strength of the ancestors continue to inform and guide the present generation.

Traditional Masquerades, Dances, and Music Performances

The visual spectacle of the Opu Ogbo Fungu Mini Festival is perhaps best exemplified by its traditional masquerades and dance performances. The masquerades, known for their elaborate and colourful attire, are among the most anticipated elements of the celebration. These figures, representing various spiritual entities and ancestral figures, process through the community in a display that is both awe-inspiring and deeply meaningful.

The costumes worn by the masquerades are often crafted from locally sourced materials, including vibrant textiles, beads, shells, and raffia. Each element of the costume carries symbolic significance, representing aspects of Finima cosmology and social organisation. The masquerades’ movements are deliberate and rhythmic, accompanied by the pulsing beats of traditional drums and the resonant sounds of gongs and other percussion instruments.

Dance is another integral component of the festival. Traditional Finima dances are performed by both men and women, often in groups that move in synchronised patterns. These dances are not merely expressions of joy; they are also narrative forms, telling stories and conveying messages through movement. The choreography often reflects themes of labour, nature, and community life, celebrating the values that have sustained the Finima people throughout their history.

Music permeates every aspect of the Opu Ogbo Fungu Mini Festival, providing the rhythmic foundation upon which the celebration is built. Traditional instruments, including the drum, the xylophone, and various wind instruments, create a rich and dynamic soundscape that energises participants and spectators alike. The music of the festival is characterised by its communal quality, encouraging participation and fostering a sense of shared experience.

Colourful Parades and Community Processions

The festival also features colourful parades and community processions that wind through the streets of Finima. These processions bring the entire community together in a visible display of unity and cultural pride. Participants often dress in traditional attire, adorned with the symbols and colours that identify them as members of the Finima people.

The parades serve multiple purposes within the context of the festival. They provide an opportunity for the community to publicly celebrate its heritage, showcasing the beauty and richness of Finima culture to both insiders and outsiders. They also reinforce social hierarchies and traditional authority structures, as community leaders and elders often take prominent positions in the processions. In this way, the parades function not only as celebrations but also as affirmations of social order and collective identity.

Competitions and Games: Testing Skill and Strength

A distinctive feature of the Opu Ogbo Fungu Mini Festival is the inclusion of competitions and games that test the skills and physical prowess of participants. These activities, which have roots in the practical necessities of traditional life, now serve as celebrations of the qualities that have historically enabled the Finima people to thrive in their challenging environment.

Competitions may include wrestling matches, races, trials of strength, and tests of traditional skills such as fishing techniques and navigation. These events are not merely about determining winners and losers; they are opportunities for the community to celebrate the virtues of courage, endurance, agility, and discipline. Participants are encouraged to give their best effort, and the crowd offers enthusiastic support and encouragement to all who take part.

For the younger members of the community, these competitions serve an important developmental function. They provide a framework within which the youth can demonstrate their readiness to assume adult responsibilities and earn the respect of their elders. Victory in these competitions is a source of great pride, not only for the individual but also for their family and extended kin group.

The Festival’s Role in Fostering Unity and Togetherness

Perhaps the most significant impact of the Opu Ogbo Fungu Mini Festival is its ability to foster a profound sense of togetherness and camaraderie among attendees. In an age when urbanisation and economic migration have scattered the Finima people across Nigeria and beyond, the festival provides a powerful incentive for homecoming. Indigenes living in distant cities or foreign countries often return to Finima specifically to participate in or witness the festival, transforming the community into a bustling hub of reunion and reconnection.

The shared experience of the festival—participating in rituals, watching performances, engaging in competitions, and simply being together—creates bonds that transcend individual differences and reinforce the collective identity of the Finima people. For the duration of the festival, the community functions as a single organism, united in joy and purpose.

The Festival in the Modern Context

While the Opu Ogbo Fungu Mini Festival remains rooted in tradition, it has also evolved in response to the changing circumstances of the Finima community. The oil and gas industry has brought significant economic and social changes to Bonny Island, introducing new opportunities and new challenges. The festival has adapted to these changes, incorporating contemporary elements while maintaining its core traditional practices.

The designation of the celebration as a “Mini Festival” reflects a conscious effort to make the event more accessible and manageable within the constraints of modern life. By condensing the festivities into a more focused timeframe, the community has ensured that the essential spirit of the celebration is preserved without placing undue burdens on participants.

Conclusion

The Finima Opu Ogbo Fungu Mini Festival is a remarkable celebration of culture, community, and resilience. Born of necessity during the difficult August months when fishing was impossible, the festival has evolved into a rich tapestry of tradition, storytelling, theatrical performance, music, dance, and communal activity. Through the owu-ogbo, the Finima people honour their ancestral origins, while through their shared participation, they reinforce the bonds of kinship and cultural identity that define their community. In celebrating their heritage, the Finima people affirm their enduring strength and their commitment to preserving a way of life that has sustained them for generations.

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