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The Dilemma of Shell’s Spy Police

By newswatchngr.com 14/10/2011 05:31:00

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They wear the full attire of the Nigerian Police but they are not members of the Nigeria Police Force. They work for Shell, but they don’t enjoy the full status of the company’s staff

Officers and men of the supernumerary security of the Shell Petroleum Development Company, SPDC, popularly known as Shell Spy police are currently at daggers drawn with their employers over what they consider to be their unjust conditions of service.

Their major grouse is that they are neither regarded as bonafide members of the Nigerian Police Force, NPF, who enjoy all benefits thereof, nor bonafide staff of Shell. Worried by this development, 12 Shell Spy police officers filed a suit against the SPDC at the Federal High Court, Port Harcourt. Prince Eyo, one of the 12 Shell spy police officers who took SPDC to court, said they were in court to seek a clarification on who actually is their employer, SPDC or the NPF.

In the suit No: FHC/PH/1527/2004, filed on their behalf by Ledum Mitee, their lawyer, the plaintiffs want a declaration that by virtue of the manner and circumstances of their recruitment, they are staff of Shell, and so were entitled to all the rights and conditions attached to such employment in the company.

The plaintiffs further want the court to declare that it is unconstitutional, discriminatory and illegal for Shell to pay them remuneration different from that payable to other employees of the same cadre and scope of work in the company’s employment. They are equally praying the court to declare that they are entitled to be paid remuneration/terminal benefits commensurate with that payable to other employees of the same cadre and scope of work in Shell.

Consequently, the plaintiffs sought for an order of the court compelling Shell to pay them remuneration/terminal benefits commensurate with that payable to other employees of the same cadre and scope of work in Shell’s employment; as well as an injunction restraining Shell from taking any step that will in any way affect them pending the determination of the suit.

The suit which was filed in 2004, is still at the preliminary stage because of frequent adjournments. However, between November 30, 2004, and September 27, 2005, the court granted interim and interlocutory orders restraining the SPDC from disturbing the status quo of the suit, including the sacking of any of the plaintiffs, pending the hearing and final determination of the substantive suit.

Despite this order, Onyemachi Nnodim, one of the plaintiffs, was sacked by SPDC in 2008. Nnodim, who said that his sack was unacceptable, regretted what he described as the slave labour that goes on in the security department of SPDC. Nnodim got the letter terminating his appointment as Shell spy police while he was on annual leave.

When he was fired, Mitee wrote Shell through T.C. Osanakpo, SPDC solicitor, drawing its attention on the need for the company to withdraw the termination of the appointment of Nnodim for the fact that the substantive suit with the Spy Police was yet to be determined. In the letter addressed to SPDC solicitors dated March 5, 2008, the company was reminded that Nnodim was a plaintiff in the suit, FHC/PHC/1527/2004 pending before the Federal High Court in Port Harcourt.

The company lawyer was reminded that the court had granted both interim and interlocutory orders on November 30, 2004, and September 27, 2005, respectively, restraining his clients from disturbing the status quo of this suit, including the sacking of any of the plaintiffs, pending the hearing and final determination of the substantive suit. The letter was copied the managing director, and the corporate security operations manager of Shell.

In spite of the efforts by Mitee to bring Shell to comply with the court orders, the oil company stood its grounds. At Shell, Spy policemen are not treated like other employees of Shell or accepted as policemen by the NPF despite the fact that they are dressed in the normal Nigeria police uniform from head to toe. They also wear number-tags on the breast pocket of their shirts like the police do. However, they are in a dilemma because they do not enjoy entitlements from the NPF and the SPDC does not treat them like their bonafide staff.

When the case came up on July 20, 2011, it was again adjourned to November 20, this year.