1 I am the Plaintiff/Applicant in this suit by virtue of which I am very

2 The 1st Defendant/Respondent is a Company incorporated under the relevant laws in Nigeria and is involved in oil exploration and exploitation activities all over the Niger Delta area especially in Ugborodo Community of Warri South-west Local Government Area of Delta State of which I and my family are indigenes.

3 The 2nd Defendant/Respondent is the Chairman and Managing Director of the 1st Defendant/Respondent. The 3rd and 4th Defendants/Respondents are employees of the 1st Defendant/Respondent in is Public Affairs Department at all times relevant to this case.

4 The 5th Defendant/Respondent is the self-acclaimed Chairman of the illegal interim Committee of the Ugborodo Community Trust; whilst the 6th Defendant/Respondent is the legally reconstituted Trust of the Ugborodo Community.

5 The 7th Defendant/Respondent is our amiable Chief Executive and Governor of Delta State - His Excellency Chief James Onanefe Ibori. He is sued in his official capacity.

6 I know as a fact that my later father was a prominent citizen of Nigeria; and in particular a vibrant son of Ugborodo community until his ferocious and/or coarse murder on 23 September 1998.

7 I know and verily believe that my late father Chief S.A.K Metseagharun was a well-respected career civil servant in the defunct Bendel State and later Delta State Government Civil Services, until his retirement in 1997 after having attained the enviable position of Chairman, Delta State Board of Internal Revenue.

8 I know and verily believe that upon his said retirement from the civil service, he was chosen by the community, who were in no doubt swayed by his well-known commitment to hard work, honesty and the love of God, to help re-organise the Ugborodo Community Trust i.e. 6th Defendant/Respondent herein, a body set up by the Community to manage and develop the Community from proceeds of compensation received from 1 Defendant/Respondent and/or other oil companies operating within the community.

9 I know and verily believe that prior to the event averred to in paragraph 7 above, the affairs of the Ugborodo Community Trust was riddled by monumental corruption, misadministration and/or misappropriation of community funds, all of which actions were perpetrated by the erstwhile Governing Council and their sympathisers with the active connivance and/or collaboration of the 3rd and 4th Defendants/Respondents respectively, in furtherance of the instructions and objectives of the 1st and/or 2nd Defendants/Respondents.

10 I know and verily believe that it was as a result of this that the said Governing Council was dissolved in 1996 and a Caretaker Committee was set up to oversee the running of the 6th Defendant/Respondent with my later father as Secretary. Attached hereto and marked exhibit "A" is a letter dated 4/12/96 and referenced as SGD.296/T/61 from the office of the former Military Administrator and addressed to my late father in that capacity.

11 I know and verily believe that subsequently in 1998, the Governing Council of the 6th Defendant/Respondent was reconstituted with my late father as Chairman, whereupon the 1st Defendant/Respondent was duly informed by a letter dated 4/8/98. I hereto attach and mark as Exhibit "B" a copy of a said letter

12 I know and verily believe that my late father brought to bear on the affairs of the Governing Council his well known quality of honesty, probity and progressiveness, which said qualities did not endear him to the members and/or supporters of the discredited leadership of the past and their collaborators, i.e. the 1st - 4th Defendants/Respondents herein.

13 I know and verily believe that the 1st Defendant/Respondent through the active connivance of the 3rd and 4th Defendant/Respondents respectively, neglected and/or refused to deal with this only legal and legitimately reconstituted executive body of the Ugborodo Community Trust; but rather dealt with other groups who pledged to foster their selfish interests and a willing a tool in this regard, was the 5th Defendant/Respondent.

14 I know and verily believe that this action of the1st Defendant/Respondent promoted violence in the Community as monies were up for grabs for those who could ensure the furtherance of their interest.

15 I know and verily believe that it was in the course of this dangerous and/or volatile situation that the 1st Defendant/Respondent predictably proposed to acquire a stretch of land in the Community for the Escravos Phase II Gas Project.

16 I know and verily believe that the lustful greed for the irresistible bait of the 1st Defendant/Respondent’s financial incentives coupled with the perceived rumour emanating from the 2nd - 4th Defendant/Respondents, the Plaintiff’s father was seen as the only obstacle to their much sought after Treasure and/or Goldmine.

17 I know and verily believe that the action portrayed in theatrical and/or movie like terms confirms the fact that the greatest threat to man’s continued existence in his fellow man. The reason why my father was considered to be an obstacle was because he firmly resisted any moves to defraud the Community of Funds which were legitimacy due to it. He was a principled man who believed in the due process of law and God; and as such, firmly told the 1st - 4th Defendants/Respondents that any transaction in respect of the aforesaid land must be with the 6th Defendant/Respondents only. Above all, there was nothing like kickbacks as all the minute requirement of the law regulating the proposed acquisition must be strictly complied with.

18 I know and verily believe that this situation led to the upsurge of animosity fuelled and propelled by 1st - 4th Defendants/Respondents which culminated to the gruesome and/or dastardly murder of my father on 23/9/98 in broad day light on the street of Warri.

19 I know and verily believe that soon after my father’s death, an illegal "Interim Committee" was inaugurated at the insistence and prompting of the 1st - 4th Defendants/Respondents through their logistics and financial support to the 5th Defendant/Respondent who was appointed as the Chairman. In point of fact, the 1st Defendant/Respondent arranged for a plane from Lagos to convey the executive members of this illegal "Interim Committee" from Warri to Lagos, but which unfortunately crash landed few minutes to landing in Warri. The 1st Defendant/Respondent thereafter apologised and fixed another meeting for 10/12/98. This was in November and barely about one month after the death of my father; and ridiculously before, during and/or after his burial.

22 I know and verily believe that as expected, the 1st Defendant/Respondent was visibly and glaringly represented at the said meeting by one Mr Tuoyo, a staff of the 1st Defendant/Respondent.

23 I know and verily believe the it was at this "circus show" that the 5th Defendant/Respondent was allegedly appointed Chairman of an illegally constituted "Interim Committee".

24 I know and verily believe that even though there was a Vice-Chairman in place as at the time of my father’s murder and the 6th Defendant/Respondent being a Registered Trust, had perpetual succession, the 1st-4th Defendants/Respondents nevertheless went ahead to deal with the 5th Defendant/Respondent - a stooge they had implanted, in spite of the notice given to them to refrain from so doing by highly placed indigenes of the Community, including the Olaja-Orori, the highest Traditional Ruler in the land.

25 I know and verily believe that soon after the mission to eliminate and/or liquidate my father was concluded, the 5th Defendant/Respondent purportedly convened a meeting and the first issue of the agenda was to "examine fully the pending request by Chevron Nigeria Limited to take possession of 141 hectares of Ugborodo Community Parcel of land which the company required to expand the development of its Escravos Gas Project". I hereto attach and mark as Exhibit "C", the Minutes and Resolution of the purported meeting of the illegal "Interim Committee" purportedly held on 26/2/99.

26 I know and verily believe that in matters relating to grant of lands to non-indigenes and corporate bodies like the 1st Defendant/Respondent, it is the Council of Elders and the 6th Defendant/Respondent that authorises all such transactions; and the relevant documents MUST CARRY the signature and official stamp of the Olaja-Orori as well as that of the Reconstituted and Legitimate Trust of the 6th Defendant/Respondent, of which the Plaintiff’s late father was Chairman.

27 I know and verily believe that it was the 5th Defendant/Respondent who is neither a traditional title holder of Ugborodo, nor a member of its Council of Elders and/or of the 6th Defendant/Respondent who by a letter dated 29/3/99 forwarded to the 1st Defendant/Respondent, a deed of Assignment of the 141 hectares purportedly signed by persons claiming to be representatives and Elders of Ugborodo Community. I hereto attach and mark as Exhibit "D", a copy of the said letter dated 29/3/99.

28 I know and verily believe that the Olaja-Orori wrote a letter of protest to the 1st and 2nd Defendants/Respondents stating that the alleged Assignment was without his consent/approval or signature; and therefore, was null, void and incapable of passing any valid title. I hereto attach and mark as Exhibit "E", a copy of the report of the Committee of Concerned Itsekiris dated 7/8/2000 wherein same was reported.

29 I know and verily believe that the 3rd and 4th Defendants/Respondents have been charged for Stealing and/or Forgery in respect of the funds belonging to the Ugborodo Community as it relates to this land acquisition.

conducted at the Lands Registry at Asaba, a number of discrepancies were discovered which further strengthened and/or put to light the shady, fraudulent and/or clandestine method through which the 1st - 4th Defendant/Respondents purportedly acquired the said 141 hectares of Ugborodo Community Land.

31 I know and verily believe that the purported and/or irregular Deed of Assignment forwarded by the self-acclaimed Chairman of the illegal "Interim Committee" i.e. the 5th Defendant/Respondent as stated in his letter i.e. Exhibit "D" herein, was neither submitted to nor registered at the Lands Registry, Asaba.

32 I am informed by my solicitor A.O Ohimor, Esq, and I verily believe him that in consonance with the relevant laws, the 1st - 4th Defendants/Respondents ought to have mandatorily obtained the consent of the 7th Defendant/Respondent to the Deed of Assignment, pay 10% property tax and allied taxes as well as register same in the Lands Registry before applying for the Certificate of Occupancy it purportedly acquired on 19/5/99.

33 I am also informed by my aforesaid Solicitor and I verily believe him that having wilfully refused to follow the due process of law in acquiring the aforesaid Certificate of Occupancy, the 1st - 4th Defendants/Respondent defrauded the state of its 10% property tax and/or allied taxes.

34 Perhaps, it is with this in mind that His Excellency, the President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo pungently asserted in our national dailies, thus: "Obasanjo accuses oil firms of cheating Nigeria". I attach hereto and mark as Exhibits "F" and "G" respectively, copies of Wednesday Punch Newspaper Vol. 17, No. 18,082 dated 28/3/2001 as well as Wednesday Nigerian Tribune No 12,558 of 28/3/2001.

35 I know and verily believe that the 1st - 4th Defendants/Respondents accordingly defrauded Delta State as represented by His Excellency the 7th Defendant of hundreds of thousands and/or millions of Naira as property tax which ought to have accrued to it, if the 1st - 4th Defendants/Respondents had not fraudulently concealed and/or withheld the aforesaid Deed of Assignment from the issuing authority.

36 I know and verily believe that the purported Certificate of Occupancy was miraculously signed as well as executed on the 19th day of May 1999, barely ten days to the new civilian dispensation; and above all, on a day when Delta State Civil Servants including the Lands of Registry, were on strike. I hereby attach and mark as Exhibit "H", a copy of the said Certificate of Occupancy NO DTSR 1528 dated 19/5/99 as well as Survey Plan No. AA/DT/198/00 dated 25/4/99, WHEREIN THE AFORESAID LAND AND ITS BOUNDARIES WERE CLEARLY DESCRIBED.

37 I am further informed by my aforesaid Solicitor and I verily believe him that in matters relating to land as regulated under the Land Use Act, Cp. 202 Laws of Federation 1990, Consent ought to be first had and obtained before a Certificate of Occupancy can be issued.

38 I know and verily believe that to comply with the above and then proceed to acquire a Certificate of Occupancy within such a short time (i.e. between 29/3/99 and 29/5/99) as decreed by the 1st - 4th Defendants/Respondents was impossible. Thus, the 2nd - 4th Defendants/Respondents employed their innate antic for fraud and short circuiting by fraudulently concealing and/or withholding the said Deed of Assignment; and instead proceeded straight to acquire the alleged Certificate of Occupancy on 19/5/99, ten days before the expiration of 29/5/99 ultimatum.

39 I know and verily believe that the 1st Defendant/Respondent deliberately and/or criminally defrauded the Government of its mandatory Property tax; and instead, paid a paltry sum of about N184,000.00 (one hundred and eighty-four thousand naira) as stamp duties as can be seen from the endorsement on exhibit "H" above.

40 I know and verily believe that the 1st - 4th Defendants/Respondents fraudulently acquired the said parcel of land by wilfully failing to disclose material facts as to how, when, as well as the amount of consideration (if any), paid for the acquisition of the said land.

41 I know and verily believe that it is not a coincidence that the 1st Defendant/Respondent made ex-gratia payment of N5,00,000.00 (five million Naira) to the 5th Defendant/Respondent on 21/5/99, barely two days after the 1st Defendant/Respondent was purportedly issued the said Certificate of Occupancy dated 19/5/99.

42 I know and verily believe that this ex-gratia payment of N5,00,000.00 (five million Naira) was given in appreciation for the fraudulent collusion and understanding which the 5th Defendant/Respondent ensured by virtue of his presence in this illegal "Interim Committee" which the 1st Defendant/Respondent chose to deal with against all reasonable advice.

43 I know as a fact that my later father was brutally attacked and murdered on 23/9/98 because of his stern and vehement objections to these fraudulent activities of the 1st - 4th Defendants/Respondents, especially as it related to the aforesaid acquisition.

44 I know and verily believe that it was as a result of this that I instituted the sister case to this action, i.e. SUITE NO EHC/122/2001: ORITSEJOLOMI TIGER SMAUEL Vs CHEVRON (NIGERIA) LIMITED & 6ORS.

45 I know and verily believe that the 1st Defendant/Respondent is presently illegally occupying and/or trespassing on the said 141 hectares of land as well as radically and permanently altering the character and nature of this landscape therein.

46 I know and verily believe that unless the 1st Defendant/Respondent is restrained, it will continue its illegal trespassing as well as causing irreparable devastation to the land as well as the eco-system and ecological surroundings which can not be remedied by payment of compensation.

47 I know and verily believe that I am willing, able and ready to diligently prosecute this matter, as I have already filed my writ of summons and statement of claim in respect of this action.

48 I am informed by my aforesaid Solicitor A.O. Ohimor, Esq., and I verily believe him that if the 1st Defendant/Respondent is not restrained, it will render my entire action nugatory by completely destroying the res as a result of the high pace of seismic work being undertaken and/or about to be undertaken on the land.

49 I know as a fact that the aforesaid acquisition of the 141 hectares of Ugborodo community land as well as the activities being done on the land by the 1st Defendant/Respondent have now generated a lot of tension in the Community. Thus, if it is not restrained by this Honourable Court, there is likely to be a breakdown of law and order. I hereto attach and mark as Exhibit "I", a copy of the Punch newspaper of Tuesday 27/3/2001 at page 7 wherein the elders of the Community augmented this averment.

50 I know and verily believe that the Defendants/Respondents will not be prejudiced in anyway by this application.

51 I hereby enter into an undertaking to pay damages to the 1st Defendant/Respondent if at the end of trial the application for interlocutory injunction ought not to have been granted.

52 I depose to this affidavit bona fide to the best of my knowledge, information and belief in support of the motion paper attached thereto.