Life in the Niger-Delta Region can be quite challenging, consequent upon the negative environmental impact on the communities. Bayelsa State is one that has suffered the indescribable effects, of the hazardous ecological effect of oil prospecting in the area. The Bayelsa State Attorney-General and Commissioner for Justice, Biriyai Dambo, SAN in a chat with This Day’s Onikepo Braithwaite and Jude Igbanoi spoke extensively about some of the challenges in administering justice in the oil rich State, the shortcomings of the Petroleum Industry Act (PIA), the inadequacy of its 3% allocation of oil companies’ operating expenses to Host Community Development Trusts, the need to amend the PIA to be fairer to host communities, and the progress they have made so far, in realising his vision to mould the State’s Ministry of Justice into a fully modern and digitalised one
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Learned Silk, you are currently serving your second term as Attorney-General and Commissioner for Justice of Bayelsa State. Kindly, give us a brief overview of the agenda that you set for yourself and your Ministry, in terms of improving justice delivery in your State. What have you achieved so far, in this regard?
At the outset of this administration and my appointment as Attorney- General & Commissioner for Justice on the 25th of August, 2020, my objective was clear: to position the Ministry of Justice as a strategic partner in governance, with a focus on justice sector reforms, institutional efficiency, access to justice, and the protection of the State’s legal interests.
Over the past few years, we have taken several transformative steps. First of all, recall that autonomy and independence of the Judiciary has been strengthened. So, as Chief Law Officer and Chief Legal Adviser to Government, I have consistently advised His Excellency, the Governor of Bayelsa State, Senator Douye Diri, to take all necessary and lawful action to foster and further the autonomy and independence of the Judiciary in Bayelsa State. To this end, even before the Financial Autonomy Order that is, Executive Or der No. 10 of 2020, the Bayelsa State Judiciary has enjoyed receipt of allocation and monies from the Consolidated Revenue of the State, as a first line charge. That is, the Chief Judge of the State does not have to carry memos to the Governor seeking approval for spending in the State Judiciary. Upon approval of the State Budget by the House of Assembly, the State Judiciary working in conjunction with the Accountant General of the State, enjoys direct access to funds standing to the credit of the State Judiciary and this is how it has been, since Senator Douye Diri became Governor of the State, to date.
We believe that this sort of autonomy, is the first step and bedrock to improving justice delivery in the State.
In addition, by collaborating with the State Judiciary and executive arm of the State Government, we have continued to invest massively in the infrastructure of the State Judiciary. We have expanded and modernised our courtrooms across the State to enhance justice delivery, provided state-of-the-art facilities in our courts, including the provision of equipment for electronic recording of proceedings and electronic filing of court processes, thereby improving the turnaround time for determining and concluding cases in our courts.
As you know, access to justice is a major component of justice delivery. In recognition of the fact that there are indigent people in the country and the State, the Bayelsa State Ministry of Justice has a Department of Citizen’s Rights, which provides pro-bono legal services, especially with regard to commencing or defending cases in court, for people who cannot afford a Lawyer, and we have continued to provide this service in favour of indigent people, to date.
In addition to the regular departments, we have a Gender Based Violence & Child`s Rights Unit, which focuses on providing protection to vulnerable people such as women and children, and prosecutes special crimes like rape, sexual assault and defilement committed against women and children. In this regard, we have successfully prosecuted and convicted many offenders.
Of course, we are still working, and continue to be a work in progress. However, we believe that our efforts have improved access to justice and justice delivery in the State.
Have you embarked on law reform, codifying and updating Bayelsa State laws? In this era of digitisation and Artificial Intelligence, how up to date is the Bayelsa State Ministry of Justice?
Yes, we have commenced an ambitious law reform process. The last major compilation and update of the Laws of Bayelsa State was done over 15 years ago, culminating in the publication of the current and extant bound volumes of Laws of Bayelsa State 2006. This administration has begun the process of once again, compiling and updating the entire body of laws enacted by the State House of Assembly through this interregnum. This would ensure that the people of Bayelsa State are certain as to what our laws are, and where exactly to find them. The updated Laws of Bayelsa State, will soon be published.
The Ministry is also collaborating with the Office of the Attorney-General of the Federation (AGF) to engage LexisNexis in South Africa, in compiling and updating the laws of Bayelsa State.
On digitisation, we are gradually modernising the Ministry’s data and research infrastructure. The ongoing update of our library includes the provision of electronic reference systems to serve the evolving demands of modern legal practice, and to prepare our Lawyers for the era of Artificial Intelligence and digital governance.
How have you addressed access to justice for all Bayelsans, and the slow pace of justice which seems to be plaguing every State in Nigeria?
Indeed, access to justice is at the root of my vision, though I recognise that the issue of access to justice mainly lies within the remit of the Chief Judge of the State and the State Judiciary. However, at the Ministry of Justice, we have continued to collaborate with the State Judiciary and the State Government generally, in facilitating and fostering access to justice.
We adopted a multi-pronged approach to tackle the slow pace of justice delivery, including facilitating the appointment of 5 new Judges for the High Court of Bayelsa State, infrastructural development of courtrooms, and decongestion of correctional centres through the Governor’s Prerogative of Mercy & Clemency.
By encouraging and collaborating with the State Judiciary, we have also facilitated the creation and development of special courts and alternative dispute forums in furtherance of access to justice, and to encourage quick and speedy delivery of justice. For instance, following the enactment of the Multi-Door Court Law of Bayelsa State, 2022, we (the State Judiciary, working with the Legislature and Executive) have created a Bayelsa State Multi-Door Court, with state-of-the-art facilities for the settlement of disputes via alternative disputes resolution mechanisms, such as mediation and conciliation. Also, via collaborating and supporting the State Judiciary, we also created the Bayelsa State Small Claims Court which deals with small claims and matters involving petty trade and monetary compensation less than about N5,000,000 (Five Million Naira). These initiatives have certainly created quick, fast and effective alternative routes to justice and as such, have decongested the courts and engendered an efficient system for justice delivery and access to justice.
In addition, at the risk of repetition, by collaborating with the State Judiciary and executive arm of the State Government, we have continued to invest massively in the infrastructure of the State Judiciary. We have expanded and modernised our courtrooms across the State to enhance justice delivery, provided state-of-the-art facilities in our Courts, including the provision of equipment for electronic recording of proceedings and electronic filing of court processes, thereby improving the turnaround time for determining and concluding cases in our courts.
Again, as I said earlier, access to justice is a major component of justice delivery. In recognition of the fact that there are indigent people in the country and the State, the Bayelsa State Ministry of Justice has Department of Citizen’s Rights, which provides pro-bono legal services, especially with regard to commencing or defending cases in court, for people who cannot afford a Lawyer and we have continued to provide this service in favour of indigent people, till date.
Additionally, and completely separate from the ADR mechanisms implemented by the Judiciary, the State’s alternative dispute resolution mechanisms, implemented through various committees established by the State Government, many of which I have had the privilege to chair or serve as Secretary, have successfully resolved communal, human rights, and security-related disputes that would otherwise clog the courts. Some of the Communities that have benefitted from such interventions, include Communities such as Egbemo-Angalabiri, Peremabiri, Agorogbene, Igbedi, Biogbolo and Isoni/Azama (just to mention a few) – all in Bayelsa State, etcetera.
Altogether, these measures have significantly improved the efficiency, responsiveness, and reach of the justice system in Bayelsa State.
Restiveness and skirmishes between the local and oil prospecting companies have been a recurrent decimal in the Niger-Delta Region. What has the experience been in Bayelsa? How does it impact on your responsibilities as A-G?
Bayelsa State, being in the heart of the Niger Delta, has its fair share of oil-related restiveness. My office has had to mediate in several high-stakes communal conflicts, often linked to oil company operations.
As Attorney-General, I have been actively involved in mediating disputes, initiating legal actions where necessary, and ensuring that the legal rights of communities are upheld. We work closely with the Ministry of Environment and other agencies, to provide a legal framework for peaceful engagement and accountability.
For proper organisation, monitoring and control, we also, in collaboration with the State Ministry of Mineral Resources, created a database of all MoUs signed between Communities and Oil Companies. We also ensured that the Ministry of Justice makes input in all MoUs drafted and entered into, between our Communities and Oil Companies. This is because the State Government has a general duty under the law, to govern the State for the purpose of creating peace and fostering the welfare of the people of the State.
In addition, His Excellency, Senator Douye Diri, the Governor of Bayelsa State, in the 2nd term of his administration created the Ministry of Youths Development, headed by a very versatile and proactive gentleman, to oversee and collaborate with the youths in the State in curbing restiveness, and striking a clean balance between the youths and the oil companies operating within the State. This has engendered relative peace in the State, and has helped to boost oil production in the country.
We now adopt a proactive legal strategy, that balances investor confidence with local community rights and environmental justice.
Environmental degradation from the activities of oil majors who prospect for mineral resources in the State has been a cause of concern for many. The impact on the locals, can only be imagined. Although, essentially a Federal responsibility, to what extent has Bayelsa gone, in legally protecting its citizens from the devastating effects of this despoliation? What immediate steps do you believe that the Federal Government and Oil Majors need to take, to clean up the pollution in the oil producing areas?
Environmental degradation remains one of the most pressing injustices in Bayelsa State, and while the regulation of the oil sector lies primarily with the Federal Government, we have not abdicated our responsibility.
Through strategic litigation and policy advocacy, Bayelsa State has defended its institutional integrity and the rights of affected communities. We continue to engage oil-producing communities through legal advisory and mediation platforms, to amplify their voices.
However, the challenge lies in the weak and vague enforcement mechanisms of the Petroleum Industry Act that has allowed oil companies to delay or avoid cleanup obligations, leaving communities in prolonged distress. The situation is worsened by the meagre 3% Host Community Trust Fund, which is not only insufficient to address the scale of damage, but is also structured in a way that limits community control and accountability.
While long-term reform/amendment of the PIA is essential, there are immediate steps that can be taken such as activating emergency remediation at spill sites without waiting for prolonged litigation, ensuring that NOSDRA and other related agencies are accountable, honest, and responsive in being proactive in its response to oil spills, releasing interim compensation where fault is established, and setting up standing response units in oil-producing States to ensure swift containment and cleanup of future spills. These actions are critical to restoring trust, and protecting the livelihoods of our people.
Oil spills appear to occur rather frequently in Bayelsa. Even in 2025, there was a crude oil spill by Shell at Obololi. Why does it appear that oil companies are able to get away with what they are unable to get away with in other jurisdictions; destroying the Nigerian environment and aquatic life, which provides a means of livelihood for at least, the rural Nigerians, without making commensurate restoration and reparation? Is there something lacking in the way Nigerian demands for damages and compensation are handled?
The alarming frequency of oil spills in Bayelsa, reflects deep systemic weaknesses in Nigeria’s environmental accountability framework. In jurisdictions like the United States or Norway, stringent environmental standards are backed by swift sanctions, class-action mechanisms, and robust regulatory institutions. In contrast, in Nigeria, enforcement agencies often lack the independence, integrity and sometimes, resources needed to compel timely cleanup or secure just compensation for affected communities.
However, in Nigeria, particularly under the current Petroleum Industry Act, enforcement provisions are either vague or weak, leaving room for prolonged inaction and corporate impunity.
Although Sections 102 and 104 of the PIA mandate remediation after oil spills, there are no concrete timelines or strong sanctions for non-compliance. This has allowed oil companies to delay or avoid cleanup obligations, leaving communities in quagmire. As stated earlier, there is need to revisit the 3% Host Community Trust Fund, which is not only insufficient to address the scale of damage, but is structured in a way that limits community control and accountability.
Going forward, the Federal Government should consider amending the PIA, to provide enforceable and time-bound environmental remediation guidelines. Oil companies must also be held, to the same environmental standards they observe in other jurisdictions. Additionally, affected States must be given a more decisive role in regulating and monitoring environmental impacts. Anything less, would perpetuate the cycle of environmental injustice that the PIA purportedly sought to end.
On our part, we have commenced lawsuits seeking to protect and uphold the rights of our people who have suffered, and/or have been impacted by oil spills. These suits also seek extensive compensation for the people in our impacted Communities, immediate Remediation and Clean up, and very serious sanctions against Oil Companies. We strongly hope that, when successful, these court judgements against the Oil Companies, can serve as some form of deterrent against future recklessness in their oil exploration operations.
What is the current security situation in Bayelsa State? It appears that kidnapping hasn’t stopped in your State, as just recently, in June, a High Court Judge, Justice Omukoro was kidnapped in Yenagoa. Thankfully, he was rescued, unharmed. What steps are your State Government taking, to curb kidnapping in your State and prevent the reoccurrence of such unfortunate incidents? Were you able to arrest any of the kidnappers, and gain any useful information that could be helpful in preventing kidnapping in your State?
The recent kidnapping of His Lordship, Hon. Justice E. G. Omukoro on 21st June, 2025, was a stark reminder of the security challenges we face in Nigeria. I am glad he was rescued unscathed, and ongoing investigations have yielded useful intelligence, which we are presently working on, in collaboration with the Nigeria Police, to build a good case for prosecution.
I must state here, and categorically give kudos to the proactive steps and stance taken by the State Director of Security Services (DSS) and the Commissioner of Police, Bayelsa State Command, in ensuring that My Lord was rescued unscathed.
I must also say that, the current security situation in Bayelsa State is not perfect, just like most States in the country.
However, it is generally commendable, thanks to proactive measures by the State Government in collaboration with security agencies. The swift and coordinated rescue operation, which led to His Lordship’s safe release, demonstrates the improved capacity of our security architecture. Importantly, some suspects linked to the crime have been apprehended, and valuable intelligence was extracted to aid in dismantling criminal networks operating within and outside the state.
To curb kidnapping and prevent similar incidents, and even before now, the State Government has further strengthened surveillance through massive investment in the installation of CCTV cameras in most of Yenagoa City and other critical points in the State, as well as the provision of drones to monitor criminal activities within the entire State.
For some time, Bayelsa State, a core part of the Niger-Delta, was a flashpoint of crime consequent upon the activities of hoodlums masquerading as environmental activists. What has the State Government done to curb their activities? What challenge has this posed for you as Attorney-General and Commissioner for Justice, with regard to prosecuting these persons?
We fully support legitimate environmental advocacy, but there is a clear line between activism and criminality. In recent years, we have seen some individuals exploit environmental grievances to perpetrate extortion and violence.
Bayelsa State has taken decisive steps, to address the criminal activities of hoodlums posing as environmental activists. Through improved intelligence, collaboration with security agencies, and community engagement, many of these actors have been identified and prosecuted. The truth is that, Bayelsa State is now generally safer and more peaceful than it used to be.
We have had to ensure that, prosecutions are evidence-based and respect citizens’ rights. Despite these difficulties, we have secured convictions in several cases, reinforcing the State’s zero-tolerance stance on criminality under any guise.
What are your views on State Police? Will it solve the insecurity problem in the country, if each State has more control over its security?
I strongly support the establishment of State Police, as a necessary step toward solving Nigeria’s security challenges. Crimes are often local in nature, and best addressed with a grassroots approach. Giving States control over their own policing will improve response time, promote community trust, and ensure tailored security strategies. As Governors are already designated as Chief Security Officers of their States, it is only logical that they should have operational control over security. State policing will also create jobs, enhance accountability, and align Nigeria more closely with true Federalism.
Gender based violence is said to be high in Bayelsa State. It is on record that your Ministry established a response mechanism to address this. How effective has it been? How fast do victims and offenders get served with justice?
In response, and as part of efforts to curb the prevalence of gender-based violence in Bayelsa State, His Excellency, the Governor of Bayelsa State, pursuant to the provisions of the Violence Against Persons Prohibition Law, set up and constituted the Gender Response Initiative Team which is saddled with the responsibility of supporting the law enforcement agencies, in monitoring and investigating all cases of violence against persons in Bayelsa State. This team works alongside law enforcement to monitor and investigate cases of violence, provide victim support, and facilitate prosecution.
The result has been, a more coordinated and victim-centred approach. Justice is now swifter, and offenders are more likely to be prosecuted. We remain committed to strengthening this mechanism, and providing it with the resources it needs.
What is your candid assessment of the Petroleum Industry Act? Is it fair to the oil producing States? How does it impact your State? Do you believe that Bayelsa State, being an oil producing State, deserves more than it has been given by the PIA? With the revenue contributions of Bayelsa State to the national treasury, do you believe that Bayelsa’s development is commensurate to its financial contributions to the country?
The Petroleum Industry Act (PIA), while heralded as a landmark reform, has fundamental flaws that undermine its fairness to oil-producing States, such as Bayelsa. The 3% allocation of oil companies’ operating expenses to Host Community Development Trusts is inadequate, compared to the environmental and social costs borne by host communities. Moreover, the control of these funds by oil companies, with limited community input, undermines local ownership and fails to meet the real needs of affected areas.
Bayelsa State, despite its massive contribution to Nigeria’s oil revenue, has been sidelined under the PIA. The Act centralises power in the Federal Government, giving States little authority or influence over the management of resources within their borders. Provisions for remediation after oil spills are vague and poorly enforced, leading to prolonged environmental damage and neglect of impacted communities.
Considering Bayelsa’s revenue contributions to the national treasury, the level of development in the State is not commensurate with its sacrifices. Infrastructure deficits, environmental degradation, and economic underdevelopment persist. Bayelsa State and other Niger Delta States clearly deserve a fairer share of oil wealth, and more control over their natural resources. The PIA must be amended to reflect equity, accountability, and true Federalism.
Thank you Honourable Attorney-General.
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