The Federal High Court sitting in Yenagoa has dismissed a suit challenging Shell’s divestment of its onshore oil assets and seeking environmental remediation for alleged pollution in the Ekpetiama community of Bayelsa State.
According to a report by The Guardian, the suit was filed by the traditional ruler of Ekpetiama Kingdom, King Bubaraiye Dakolo, who sought to halt the divestment and secure remediation for decades of alleged environmental pollution in his community.
Dakolo argued that Shell’s divestment failed to comply with the provisions of the Petroleum Industry Act (PIA) 2021.
Delivering judgment, Justice Ayo Emmanuel dismissed the suit, holding that it was filed outside the statutory time limit prescribed by law.
The court ruled that objections to divestment under the Petroleum Industry Act must be filed within three months and held that the plaintiff lacked the legal standing to institute the action because he played no role in the divestment process.
Justice Emmanuel also ruled that the plaintiff failed to exhaust the dispute resolution mechanisms provided by the Nigerian Upstream Petroleum Regulatory Commission before approaching the court, a requirement under the Petroleum Industry Act.
According to the judge, the failure to comply with the mandatory statutory conditions deprived the court of jurisdiction to entertain the matter.
He further held that the alleged injuries did not qualify as a continuing legal wrong capable of extending the limitation period, noting that the claims relating to public officers and tortious liability were statute barred under the relevant laws.
Reacting to the judgment, counsel to the Minister of Petroleum Resources, Lawrence Edet, who spoke on behalf of the defendants, welcomed the court’s decision and commended the judiciary for what he described as a fair dispensation of justice.
Counsel to the plaintiff, Chuks Uguru, said the legal team would challenge the ruling at the Court of Appeal and, if necessary, proceed to the Supreme Court.
He maintained that the Ekpetiama community would continue to pursue justice over the environmental issues affecting the area.
Also reacting, environmental advocacy group, Social Action, expressed disappointment with the judgment, describing it as a setback for environmental justice.
The organisation’s Resource Justice Manager, Dr Prince Edegbuo, said the community had suffered years of environmental degradation and pledged continued support for the legal battle.
Ekpetiama is one of the host communities to the Gbarain Ubie Gas Plant and Gbarain Oilfields in Bayelsa State.
The defendants in the suit included Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V., Shell UK PLC, the Attorney General of the Federation, the Nigerian Upstream Petroleum Regulatory Commission, the Minister of Petroleum Resources and Renaissance Energy Africa Ltd.
Renaissance Energy Africa acquired Shell’s onshore and shallow water oil and gas assets in March 2025 following the divestment by Shell UK PLC.
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