The Federal High Court sitting in Lagos, on Friday, 22 November 2024, dismissed two suits filed by the Incorporated Trustees of Aibom Oil Producing Community Development Network (AIBOM) against Mobil Producing Nigeria Unlimited (ExxonMobil).
From the Court papers, in the two cases respectively marked as Suit No. FHC/L/CS/276/23 and Suit No. FHC/L/CS/278/23, AIBOM had through its lawyer, D.A. Awosika, SAN, filed the two suits against Mobil on allegation of environmental damage by gas flaring activities in Akwa Ibom State and sought declarations that gas flaring from the ExxonMobil’s onshore and offshore oil/gas fields in Ibeno Local Government Area and other adjoining coastal areas in Akwa Ibom State was unlawful.
In Suit No. FHC/L/CS/276/23, AIBOM claimed Special Damages of the sum of ₦28,793,032,481.97 (Twenty-Eight Billion, Seven Hundred and Ninety-Three Million, Thirty-Two Thousand, Four Hundred and Eighty-One Naira and Ninety-Seven Kobo) and the sum of ₦10,000,000,000.00. (Ten Billion Naira) as General and exemplary damages; whilst in Suit No. FHC/L/CS/278/23, it claimed the N25,451,758,954.40 (Twenty-Five Billion, Four Hundred and Fifty-One Million, Seven Hundred and Fifty-Eight Thousand, Nine Hundred and Fifty-Four Naira, Forty Kobo) as Special damages and the sum of ₦11,000,000,000.00. (Eleven Billion Naira) as General and exemplary damages.
Justice Aluko of the Federal High Court, Lagos in his Ruling, agreed with the submissions of Professor Fabian, Ajogwu, SAN of Kenna Partners and held that the AIBOM’s suits, which “were commenced over six years after the accrual of the alleged cause of action, were statute-barred” and amounted to abuse of court process “given that there was a similar suit filed in Abuja by AIBOM which was ongoing”.
Consequently, Justice Aluko dismissed the suit and awarded costs of ₦300,000 in each of the suits against the AIBOM.
Source: Vanguard
