The Federal High Court in Uyo, Akwa Ibom State, has dismissed four oil spill suits instituted against Mobil with a claim of over N143 billion.
The plaintiffs are: Unwon Ama Oyorkoto Unity Fishing Cooperative Society, Mgbambop Otako Fishing Cooperative Investment and Credit Society Limited, Oyorokoto Unity Fish Farming Cooperative, and Mr. Dimkpa Ataukot), represented by Kingsley Uzoukwu, Esq.
They sued Mobil in November 2022, alleging that the oil company caused an oil spill to occur in their communities in 2012, which severely impacted the livelihood and sources of income of the plaintiffs.
Mobil, represented by 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.
The court, in its verdict yesterday, agreed with the submissions of Mobil’s counsel that the plaintiffs commenced their suits more than 10 years after the cause of action arose, and as a result, the suits were held to be statute-barred.
The court 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 the continuation of the oil spill incidents.
Justice Onnah dismissed all the claims by the plaintiffs.
The judgment reaffirms 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).
Source: The Nation
