Judiciary symbol
The Federal High Court in Yenogoa on Friday dismissed a suit challenging the divestment of Shell Petroleum Development Company Nigeria Ltd from onshore assets.
The suit was filed by Bubaraiye Dakolo, the traditional ruler of Ekpetiama in Yenagoa Local Government Area of Bayelsa.
Dakolo sought redress and remediation of cumulative pollution in the local government area for 40 years.
The traditional ruler alleged that the divestment by Shell did not follow stipulated guidelines in the Petroleum Industry Act (PIA) 2021.
Delivering a ruling, Justice Ayo Emmanuel, dismissed the case for being filed out of time.
The judge held that under the statute, any objections to divestment must be filed within three months.
Justice Emmanuel also held that the traditional ruler lacked the ‘locus standi’ to institute the case as he had no role in the divestment.
The judge further stated that the traditional ruler failed to explore and exhaust the conflict resolution mechanism mechanisms by the Nigerian Upstream Petroleum Regulatory Commission,
The judge noted that the failure according to the Petroleum Industry Act (PIA)asked the suit invalid.
“Plaintiff’s failure to satisfy the mandatory statutory conditions precedent under the Petroleum Industry Act (PIA) strips this Court of jurisdiction.
“The Plaintiff further contended that the injuries complained of constitute a “continuing injury, thereby creating a continuous cause of action that escapes the limitation periods.
“However, looking closely at the pleadings, the plaintiff joined historical grievances, stretching back decades with specific events that allegedly took place around 2024.
“A continuous injury means a recurrence of the legally wrongful act itself, not the continuous persistence of the injurious effects of a singular past act.
“From the facts presented, the alleged causes of action against the public officers (the fourth, fifth and sixth defendants) arose well outside the mandated 3-month period prescribed by POPA.
“Furthermore, the claims touching on tortious liability are caught by the 5-year limitation threshold under Section 16 of the Limitation Law of Bayelsa State,” Emmanuel ruled.
Reacting after the ruling, Counsel to the Minister of Petroleum Resources, Lawrence Edet thanked the court for dispensing justice in his client’s favour.
Counsel to Dakolo said that his client will pursue the case beyond the trial court and will be heading to the court of appeal.
An environmental group, the Resource Justice and Social Action, in its reaction to the ruling, expressed regrets that the court ignored the quest for environmental justice and technicalities.
Dr. Prince Edegbuo, Resource Justice Manager of the group said: “It is very unfortunate.
”The pollution has devastated the environment and denied people of their livelihoods and even affected the reproductive health of the people, it is heartbreaking that the Federal High Court struck out this case.
“We will meet at the Appeal Court. We will not relent. We will continue to support the Ekpetiama people in this litigation, this is just the court of first instance,” he said.
Listed as defendants in the suit No. FHC/YNG/CS/81/2025, are Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V, Shell UK PLC.
Others are the Attorney-General of the Federation, the Nigerian Upstream Petroleum Regulatory Commission, Minister of Petroleum Resources and Renaissance Energy Africa Ltd.
Renaissance Energy Africa, a consortium of indigenous oil firms in March 2025 acquired the onshore and shallow waters oil and gas assets hitherto operated by SPDC, following the divestments by Shell UK PLC, the parent company of SPDC. (NAN)
