Pollution: HOMEF Rejects Court Dismissal of Suit Against Shell

The Health of Mother Earth Foundation (HOMEF) has strongly condemned the dismissal of a lawsuit filed by the Ekpetiama Kingdom against Shell Petroleum Development Company (SPDC) and other defendants concerning alleged decades of environmental pollution in Bayelsa State. HOMEF described the ruling as a significant setback for environmental justice and urged the Ekpetiama Kingdom to pursue an appeal.

The environmental advocacy organization contends that the Federal High Court in Yenagoa failed to adjudicate the core issues presented in the case. The lawsuit, filed by the traditional ruler of the Ekpetiama Kingdom, King Bubaraye Dakolo, sought to hold SPDC accountable for alleged oil spills, gas flaring, and environmental degradation in the Gbarain oilfields prior to the company's divestment of its onshore assets. The Attorney General of the Federation and the Nigerian Upstream Petroleum Regulatory Commission were also named as defendants.

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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.

According to HOMEF, the court dismissed the case on procedural grounds. These included alleged non-compliance with statutory requirements under the Petroleum Industry Act 2021 and the Upstream Petroleum Remediation Funds Regulations 2022. The court also cited limitation laws under the Public Officers Protection Act and the Bayelsa State Limitation Law, deeming fundamental rights claims secondary to tort claims and upholding preliminary objections from the defendants.

HOMEF Executive Director Nnimmo Bassey stated that the judgment focused solely on procedural matters, neglecting the actual environmental harm suffered by the Ekpetiama people for over six decades. He emphasized that none of the grounds for dismissal addressed the merits of the environmental damage. HOMEF's Legal Officer, Onome Etisioro, added that Shell's environmental responsibilities persist despite the lawsuit's dismissal. She called for clearer judicial guidance in Nigeria on whether long-term environmental degradation constitutes a continuing wrong that should not be subject to limitation statutes designed for ordinary civil disputes.

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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.