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Your email address will not be published.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

KOLA ODEPEJU  Of all those running for governorship in Osun and whose parties will... Continue
OKOBIA RAYMOND The Sports Writers Association of Nigeria (SWAN) has congratulated the Comptroller-General of... Continue
AKINSINDE ADEOLA OYINDAMOLA Eighteen-year-old Akwa Ibom tennis star Etoro Bassey has continued her impressive... Continue
The Federal Government of Nigeria has approved the release of N21.2 million in outbreak... Continue
OLALEKAN ONI  In a bid to deepen women’s participation in governance and strengthen democratic... Continue
  President Bola Tinubu has congratulated the Obi of Onitsha, His Majesty, Igwe Nnaemeka... Continue
  TheGazelleNews, popular Lagos based online newspaper is set to honour the trio of... Continue
AFOLABI SAHEED OLAWALE The Director-General and Chief Executive Officer of the National Institute for... Continue
  BOSUN AWONIYI Politics often teaches its greatest lessons through history. As tensions rise... Continue
BY Dr. VIOLET AKIFAGBOWO If you grew up in Abia between 1999 and 2007,... Continue

UBA


Access Bank

Twitter

Sponsored