![Dr Muhammad Ali Pate, CEO of Gavi Alliance. [PHOTO CREDIT: Twitter handle of Atiku Abubakar]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2023/02/Dr-Muhammad-Ali-Pate.jpeg?fit=1080%2C720&ssl=1)
The Health of Mother Earth Foundation (HOMEF) has rejected the dismissal of a lawsuit filed by the Ekpetiama Kingdom against Shell Petroleum Development Company (SPDC) and other defendants over alleged decades of environmental pollution in Bayelsa State, calling the ruling a setback for environmental justice.
In a statement on Friday, the environmental advocacy organisation urged the Ekpetiama Kingdom to appeal the judgement, arguing that the Federal High Court in Yenagoa failed to determine the substantive issues raised in the case.
|
|
Justice Ayo Emmanuel of the Federal High Court, Yenagoa, dismissed the suit (marked FHC/YNG/CS/8/2025) on 17 July. The traditional ruler of the Ekpetiama Kingdom, King Bubaraye Dakolo, filed the case.
PREMIUM TIMES had reported that the Federal High Court in Yenagoa dismissed the suit last Friday.
|
|
|
|---|
The suit sought to hold SPDC accountable for alleged oil spills, gas flaring, and environmental degradation across the Gbarain oilfields, before the company’s divestment of its onshore assets to Renaissance African Energy Limited.
Other defendants included the Attorney General of the Federation and the Nigerian Upstream Petroleum Regulatory Commission.
Grounds for dismissal
According to HOMEF, the court dismissed the case on procedural grounds, citing the plaintiffs’ alleged failure to comply with statutory requirements under the Petroleum Industry Act 2021 and the Upstream Petroleum Remediation Funds Regulations 2022.
HOMEF stated that the court also relied on limitation laws under the Public Officers Protection Act and the Bayelsa State Limitation Law, held that the fundamental rights claims were secondary to tort claims, and upheld the preliminary objections raised by the defendants.
HOMEF argued that the decision failed to address the environmental issues raised by the plaintiffs. The organisation maintained that where pollution persists, and contaminated sites remain unremediated, the environmental damage cannot be regarded as historical or extinguished by statutory time limits. HOMEF’s reaction
HOMEF Executive Director, Nnimmo Bassey, said the judgement addressed only procedural issues rather than the alleged environmental harm suffered by the Ekpetiama people.
“Every one of these grounds is procedural; not a single finding goes to the merits of the environmental harm the Ekpetiama people have suffered for over six decades,” Mr Bassey said.
He added that the federal government agencies joined in the suit were included because of their roles in approving Shell’s divestment, which the plaintiffs contend did not adequately address environmental liabilities.
HOMEF’s Legal Officer, Onome Etisioro, argued that Shell’s environmental responsibilities do not cease with the court’s dismissal of the suit. He stated that Nigerian courts should provide clearer guidance on whether long-term environmental degradation constitutes a continuing wrong that should not be barred by limitation statutes designed for ordinary civil disputes. Appeal urged
The organisation commended the Ekpetiama legal team, led by Chuks Uguru, for indicating its intention to challenge the judgement.
It called on environmental advocates, human rights organisations, and legal practitioners to support any appeal arising from the case, stating that appellate courts should determine whether procedural rules should prevent courts from examining substantive environmental claims.
READ ALSO: Nigerian Content: Shell awards $518m contracts to indigenous firms
The case follows continuing debates over environmental accountability in Nigeria’s oil-producing communities, particularly following the transfer of onshore assets from international oil companies to indigenous operators.
PREMIUM TIMES has consistently reported on litigation and advocacy efforts by Niger Delta communities seeking remediation for pollution connected to decades of oil exploration, including disputes surrounding the environmental liabilities associated with the divestment of onshore oil assets by multinational oil companies.
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
