As Shell Nigeria moves to close out on its onshore divestment plans, Chief-Elect of Dan-Jumbo Chieftaincy House of Bonny Kingdom, Clinton Dan-Jumbo has warned the company not to arbitrarily transfer the leased property on which its Bonny Oil and Gas Terminal (BOGT) is located to would-be investors.

Dan-Jumbo, who is a legal practitioner, issued this warning on Tuesday, January 23, 2024 via a letter to the Country Chair of Shell Companies in Nigeria, Osagie Okunbor, he personally signed and made available to Kristina Reports in Port Harcourt, Rivers State.

“I write as a concerned indigene of Bonny Kingdom, a member of the Jumbo House of Grand Bonny Kingdom (one of your landlords) and the Chief-Elect of the Dan-Jumbo House of Grand Bonny Kingdom on whose land your Bonny Terminal is situated, to inform you that my attention was recently drawn to the planned sale of your assets, including your Bonny asset.”

“It is a normal practice for Companies to de-recognise or dispose of their assets, however, bearing in mind that the said asset in Bonny Kingdom is on a leased land, I believe that for the avoidance of doubt, there should have been robust consultation with the Amanyanabo-in-Council, His Royal Majesty, King Edward Asimini William Dappa Pepple III, CON, in conjunction with families who own the land before any planned sale is made public.”

“Besides, to guarantee the protection of your landlord’s assets and right; the people of Bonny should have been part of any negotiation regarding the disposal of assets, especially, as the land leased to your esteemed company does not constitute your asset.”

He pointed out to the company that it lacks the right to lease the land leased to it to any other entity without recourse to the landlords, asserting that current divestment move by the company requires fresh negotiations between the people of Bonny.   

“Since only SPDC is privy to the lease agreement, SPDC does not have any right to lease the land to another under the legal principle of “Nemo dat quod non habet” without recourse to the Amanyanabo and his Chiefs.”

“This planned sale, therefore, constitutes a de facto arrangement which clearly calls for a renegotiation of the terms of the lease with the people of Bonny and whoever is purchasing your assets on the land.”

“It is also important to remind you that your previous attempt at obtaining a Certificate of Occupancy (C of O) on the said leased land necessitating suit number PHC/1198/2005 which was determined in favour of the people of Bonny both in the High Court and the appellate court, created trust issues which makes it even more imperative for your front end activities around this planned sale to include robust consultation with the people of Bonny.”

Clinton Dan-Jumbo, who is also the Head of the Gibson Dan-Jumbo family of Dan-Jumbo Chieftaincy House, urged Shell Nigeria to consult the Amanyanabo of Bonny Kingdom and his Chiefs as it firms up its divestment plans.  

“It is therefore in light of the above and for the avoidance of future claim by purchasers of your asset that they were ignorant of the right of the people of Bonny at the time of purchase that I am requesting that you immediately consult with His Royal Majesty, King Edward Asimini William Dappa Pepple II CON, Perekule XI, Amanyanabo of Grand Bonny Kingdom and his Chiefs, in order to guarantee the people of Bonny, that while you undertake the disposal of your assets, which is well within your right, their asset (land) remains protected.”

“May I also use this medium to put the public and buyers of your assets in particular on notice, that the land on which the Shell terminal sits in Bonny Island is on lease and does not constitute part of whatever asset Shell is disposing of.”

The land whereupon the BOGT is located was leased to Shell Petroleum Development Company in 1958 by the Jumbo and Brown Major Chieftaincy Houses of Bonny Kingdom with Bonny Kingdom as consentor.

Efforts by Kristina Reports to reach Shell Nigeria to have her reaction to Dan-Jumbo’s assertions were yet unsuccessful as its Head of Media Relations did not answer calls to his mobile number nor respond to messages sent to him.