OML 42/OML 30: Kantu, Odidi warn oil firms against recognising Kusimi land claims, say case pending in Supreme Court
The Kantu Federated Community and Odidi Federated Community, both in Warri South-West Local Government Area of Delta State, have issued a formal notice to oil and gas operators, government agencies, contractors, and other stakeholders, cautioning against recognizing what they described as "expanded land ownership claims" being advanced by the Kusimi Community over Odidi lands while a related legal dispute remains before the Supreme Court of Nigeria.
In a jointly signed letter addressed to operators within OML 42 and OML 30, the leadership of both communities stated that the Kusimi Community has allegedly continued to rely on a Delta State High Court judgment delivered on May 23, 2016, as the basis for asserting ownership and control over the entirety of Odidi lands and the benefits associated with them.
The letter, which was signed by Mr Windfree Atemubaghan and Ambrose Timinimi, Chairman and Secretary, respectively, for Kantu Federated Community, alongside Amb. Truston Gbenekama and Chief Bene Mamamu, Chairman and Secretary, respectively, for Odidi Federated Community, argued that the court case in question was limited in scope and did not concern the entirety of Odidi territory.
According to the letter, the original litigation centered on approximately 12.887 acres of land located at the Odidi Flow Station/Flare Site, and not the larger expanse of land within the Odidi area of Warri South-West.
The communities expressed concern that representatives of the Kusimi Community have allegedly presented the judgment to oil operators, contractors, government institutions, and members of the public in a manner suggesting that it grants them authority over all Odidi lands and associated benefits.
They described such representations as misleading and inaccurate, insisting that they amount to an unjustified expansion of the issues that were originally placed before the court for determination.
A major point raised by the Kantu and Odidi communities is that the legal dispute has not been conclusively resolved, as the matter is currently before the Supreme Court of Nigeria in Appeal No. SC/CV/825/2020.
The letter noted that the appeal was last heard on July 7, 2025, and that the apex court is yet to deliver its final judgment.
The communities emphasised that under the legal doctrine of lis pendens, parties to a dispute are expected to maintain the status quo while litigation remains pending. They cited the legal maxim "nihil innovetur pendente lite," which translates to "nothing should be changed during the pendency of litigation."
According to them, no party should seek to enlarge, transfer, enforce, or derive additional rights from the subject matter of a dispute until the Supreme Court reaches a final decision.
Based on this position, the communities urged operators of OML 42 and OML 30, including their contractors, affiliates, agents, and representatives, to avoid entering into agreements or recognizing any exclusive claims based on the disputed judgment until the Supreme Court delivers its verdict.
They specifically appealed to stakeholders not to grant exclusive access to compensation packages, community development benefits, contracts, employment opportunities, or other entitlements to persons claiming authority under the High Court judgment being relied upon by Kusimi Community.
The letter further called on government agencies, host community administrators, and members of the public to exercise caution and avoid taking actions that could prejudice the outcome of the pending appeal.
The Kantu and Odidi communities maintained that issues relating to ownership, representation, compensation rights, and entitlement to benefits in the disputed area remain unresolved and contentious.
They stressed that the lawful and prudent course of action is for all parties to maintain the status quo pending the final determination of the matter by the Supreme Court.
"This letter shall serve as a formal notice and caution to all operators of OML 42, OML 30, and all interested stakeholders," the communities stated.
It was disclosed that copies of the correspondence were forwarded to the Governor of Delta State, Rt. Hon. Sheriff Francis Orohwedor Oborevwori; the Community Relations Department of OML 42 JPMT; Renaissance Africa Energy Company; the Nigerian Content Development and Monitoring Board (NCDMB); and Heritage Energy Operational Services Limited, among other stakeholders.
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