Representatives from three Akwa Ibom communities filed a lawsuit seeking N54 billion in damages against Mobil Producing Nigeria Unlimited, now known as Seplat Energy Producing Nigeria Unlimited (SEPNU). The plaintiffs, who represented Barracks, Nditia, and Okposo 2 communities, alleged that an oil spill in 2014 caused severe environmental damage to their lands and waterways. They sought compensation for the harm they claimed had persisted over the years.
The Legal ChallengeThe plaintiffs brought their case before the Federal High Court sitting in Uyo. They argued that the environmental damage constituted a “continuing injury,” which they hoped would allow them to bypass the statutory limitation period. This legal strategy aimed to keep their claim alive despite the elapsed time since the 2014 incident.
The Court’s Ruling
The court dismissed the suit on Tuesday. The judge ruled that the action was statute-barred because the plaintiffs filed their claim outside the time permissible by law. The court rejected the argument that the environmental damage qualified as a continuing injury.
The Defence Argument
Counsel to Mobil, Ms Abasiemediong Etuk, who serves as Senior Associate at Kenna, presented the key defence. She distinguished between “continuing injury” and the “continuing effect” of an injury. Etuk argued that a continuing injury requires a repeat or recurrence of the wrongful act itself.
She maintained that the alleged oil spill was a single completed act in 2014, and that any lingering environmental damage merely constituted the continuing effect of that act.
“While the effects of the spill might persist, the cause of action remains fixed to the date the spill occurred,” Etuk submitted.
