Court Dismisses Oil Spill Claims Filed Against Mobil

Posted on May 30, 2024

BY MICHAEL AKINOLA

Honourable Justice Chigozie Onnah of the Federal High Court, sitting in Uyo, has dismissed four oil spill suits instituted against Mobil with a claim of over N143 billion.

The Plaintiffs (Unwon Ama Oyorkoto Unity Fishing Cooperative Society, Mgbambop Otako Fishing Cooperative Investment and Credit Society Ltd, Oyorokoto Unity Fish Farming Cooperative, and Mr Dimkpa Ataukot) represented by Kingsley Uzoukwu, Esq. had instituted these matters against Mobil, in November 2022, at the Federal High Court in Uyo, Akwa Ibom State, alleging that Mobil caused an oil spill to occur in their communities in the year 2012, which severely impacted the livelihood and sources of income of the Plaintiffs.

In response to the Plaintiffs’ claims, Mobil, represented by its Counsel Prof. Fabian Ajogwu, SAN, of Kenna Partners, filed preliminary objections challenging the Court’s jurisdiction to entertain the suits.

Ajogwu argued that the suits were statute-barred as they were initiated beyond the limitation period stipulated under Section 16 of the Akwa Ibom State Limitation Laws, 2000.

In delivering its judgment on Thursday, May 30, 2024, the Court agreed with the submissions of Mobil’s Counsel that the Plaintiffs commenced their suits more than ten (10) years after the cause of action arose, and as a result, the suits were held to be statute-barred.

According to our correspondents, the Court further upheld Mobil’s argument that even if there were indeed oil spill incidents, the Plaintiffs’ cases were at best, hinged on the continuing effect of the alleged spills as against continuation of the oil spill incidents. The Court accordingly dismissed all the claims by the Plaintiffs.

This notable judgments reaffirm the legal principle that the recognised exception to limitation law is continuous injury (which is the repetition of legal injury and not merely the continuous effects of a legal injury).

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

OLALEKAN ONI    The Executive Chairman of Ikeja Local Government, Comrade Akeem Olalekan Dauda,... Continue
The Nigerian National Petroleum Company (NNPC) Limited and the Central Bank of Nigeria (CBN)... Continue
Lagos State Government has confirmed plans to gradually withdraw small commercial buses, commonly known... Continue
‎ ‎Nigeria emerged champions of the Para Volleyball event at the inaugural edition of... Continue
The Palace of the Asagba of Asaba has announced and reaffirmed its full support... Continue
Nigeria’s definitive bank for small and medium-sized businesses, as well as their customers and... Continue
SUNDAY AKINTOYE A late goal from Benjamin Elkanen was Orphiel FC needed to defeat... Continue
Eight wards within Ikoyi-Obalende LCDA axis in Lagos are expected to take part in... Continue
The President General of respected Niger Delta socio-cultural group, the Orashi National Congress, ONC,... Continue
As part of preparations for the 2026 NLO season and the London Cup, Buruj... Continue

UBA


Access Bank

Twitter

Sponsored