The Federal High Court in Uyo, Akwa Ibom State, has dismissed four oil spill lawsuits against Mobil with a combined 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, who are represented by Kingsley Uzoukwu, Esq.
They sued Mobil in November 2022, saying that the oil company caused an oil spill in their communities in 2012, which had a significant impact on the plaintiffs' livelihoods and sources of income.
Mobil, represented by Prof. Fabian Ajogwu (SAN) of Kenna Partners, submitted preliminary objections contesting the court's authority to hear the cases.
Ajogwu argued that the claims were statute-barred because they were filed beyond the limitation period specified in Section 16 of the Akwa Ibom State Limitation Laws, 2000.
The court further agreed with Mobil’s counsel that the plaintiffs filed their lawsuits more than 10 years after the cause of action arose, making them statute-barred.
The court upheld Mobil's argument that, even if there were oil spill situations, the plaintiffs' actions were at best predicated on the ongoing effects of the claimed spills, rather than the continuance of the spill incidents.
Justice Onnah dismissed all of the plaintiffs' claims.
The ruling reinforces the legal principle that continuous damage is an exception to the limitation law .
