•Shell Nigeria
Traditional ruler of Ekpetiama in Yenagoa Local Government Area of Bayelsa,King Bubaraiye Dakolo, today filed an appeal on the dismissal of his suit challenging the divestment by Shell from onshore assets and pollution within his domain.
Chuks Uguru, Counsel to Dakolo said at the premises of the Federal High Court in Yenagoa that they have filed a notice of appeal because they were aggrieved by the decision of the trial court dismissing the case on technicalities.
He explained that they were at the trial court to commence the process of challenging the judgement and explore the opportunity of having a panel of three judges take a second look at the decision of the trial judge, reports The Guardian.
According to him, the legal team is approaching the Court of Appeal with eight grounds of appeal.
Uguru observed that the plaintiff is asking the Court of Appeal to determine whether the Federal High Court in Yenagoa was correct to dismiss the case at the preliminary objection stage without hearing evidence on the substantive environmental and human rights claims.
Among other issues, the appeal contends that the trial court:
“Incorrectly treated the Petroleum Industry Act (PIA) grievance procedure as mandatory, even though the dispute concerns environmental pollution, petroleum asset divestment, constitutional rights, environmental remediation and compensation rather than Host Community Trust disputes governed by Chapter 3 of the Petroleum Industry Act.
“Incorrectly held that the action was barred by the Public Officers Protection Act, despite allegations of continuing environmental harm, ongoing regulatory failures and unlawful conduct which the Appellant argues fall outside the protection of limitation legislation.”
Environmental justice group, Social Action in its reaction to the judgement expressed regret that the court had to ignore the quest for environmental justice and technicalities.
Dr Prince Edegbuo, Resource Justice Manager at Social Action said that the civil society group remains committed to supporting the impacted community.
“The ongoing pollution affects the livelihood of the people and we at Social Action will remain in solidarity with them.
