The Federal High Court sitting in Uyo, Akwa Ibom State has dismissed the preliminary objections by the Shell Petroleum Development company in suit filed by the A’Ibom Oil Producing Development Network (AKPICON), demanding payment of compensation and remediation of battered environment over decades of hydrocarbon pollution occasioned by oil and gas emissions from corked and uncorked oil and wells in various parts of the state.
AKIPCON serves as a mechanism for the realization of environmental justice and protection of human rights of the people over a period of time.
The organization had, through its lead counsel, Dr Dada Awosika, SAN, of Awosika partners in conjunction with Barr Ndifreke Akpan, written to the Managing Director of SPDC demanding payment of N140bn compensation to alleviate the sufferings of the impoverished farmers, fishermen and allied business owners
The letter reads in part, ”Your company owns corked and uncorked oil and gas wells which spread over Akwa Ibom State particularly in Mkpat-Enin, Ini, Ikot Abasi, Onna, Uruan, Esit-Eket, Iket, Uyo, Eastern Obolo, Nsit-Antai, Etinan, Mbo, Okobo, Essien Udim, Ikot-Ekpene Local Government Areas and others.
”Over the years there has been increased leakages and emissions of crude from your company’s corked and uncorked oil and gas wells and facilities which continually discharge toxic hydrocarbon into farm lands and water bodies in the environment where our clients operate.
”The said leakages/emissions arise from your company’s negligence in the maintenance of your corked and uncorked oil wells. Most often your expired, aged and rusted pipes installed in the early 1950s erupt, discharging crude oil which washes itself into water bodies and farmlands of our clients, resulting in colossal damage to their farmlands and water bodies.
”The activities of your company in this regard has brought untold hardship, economic losses, unemployment, redundancy, insecurity, frustration, abject poverty, phycological trauma and health hazards with attendant human rights consequences to our clients
”Flowing from the foregoing, it’s our instruction to demand that your company pays N140bn, only to our clients being compensation for the age-long degradation of their environment and damage caused to their property and means of livelihood arising from your company’s activities. In addition, we demand that you take immediate steps to clean up and remediate our battered environment caused by your operation for decades to return the environment to its pristine state”
But the SPDC, in No: FHC. UY/CS/85/2024 argues that AKPICON does not have the legal rights to institute the case. It also contended that the case is status bar by Akwa Ibom limitation laws on oil spills as the said spills occured over 70 years ago.
However, ruling on the matter on Thursday, the presiding judge, Justice MA Onyetanu, dismissed the SPDC’s preliminary objections for lack of merit and adjourned the case to February 5th for commencement of trail.
