Environmental Pollution: Human Rights Commission Floor Shell In Appeal Court

Environmental Pollution: Human Rights Commission Floor Shell In Appeal Court

The Appeal Court sitting in Calabar, Cross River State has set aside judgment of the Federal High Court sitting in Uyo which sought to prohibit further proceeding on the petition against Shell Petroleum Development Company of Nigeria Limited on oil spills and environmental pollution, on grounds that the proceeding was ultra vires.

The national Human Rights Commission and All Farmers Association, Cross River and Akwa Ibom Oil Producing Community Development Network (AKIPCON) had been dragged to court by the Shell Petroleum Development Company of Nigeria Limited over the issue.

It could be recalled that AKIPCON in 2016 had petitioned the National Human Right Commission’s Special Investigation Panel on the activities of oil companies operating in the Niger Delta States, especially in the area of environmental pollution and neglect.

Rather than appear before the panel, SPDC went to Court and obtained what was later described as a “Kangaro judgement” prohibiting further proceeding on the grounds that the said proceeding were ultra vires.

The Federal High Court presided over by Justice Riman had in its judgement quashed the proceedings of the Appellants in complaint No C/2016/56986511Q of 2016 against SPDC wherein it prohibited the 1st Appellants from further proceeding on the ground that the said proceeding were ultra vires and contrary to the rules of natural justice and fair hearing.

Dissatisfied with the Federal High Court judgment, the Appellants filed an appeal at the Appeal Court, Calabar on July 20, 2017. The Appellants through their counsel, CA Ghehe Esq, identified, adopted and relied on five issues:

“Whether the lower court was right to have proceeded to hear the originating motion after holding that the 2nd appellant was not properly served with the originating processes and struck out its name from the originating motion (Distilled from grounds 2 and 4).

“Whether the 1st and 2nd Appellants acted ultra vires their powers (Distilled from grounds 3,5 & 6). Whether the lower court was right by entering judgement in favour of the Applicant/respondent and granting all the relief claimed by it. (Distilled from grounds 1 and 9)

“Whether a body setup pursuant to statutory provisions to carry out investigations can be regarded as usurping the judicial powers of the court, particularly that of the Federal High Court, (Distilled from grounds 8)

Delivering his judgement, Justice Muhammed Shuaibu said, “I cannot but agree with the appellant that the moment the lower court found that the 2nd appellant was not properly served, the entire originating motion on notice collapsed and the court lacked the requisite jurisdiction to proceed any further.

Concurring the judgement, Justice Mojeed Adekunle Owoade (JSA), said, “ I agree with the reasoning and conclusion. In particular, I join my learned brother to say that the writ of section 97 of the Sheriffs and Civil Process Act is fundamentally defective and cannot ignite the jurisdiction of the court” for this reason, I allow the Appeal and set aside the judgement of the Federal High Court.

On his part, Justice Yargala Byenchit Nimpar (JCA) said “I was afforded the privilege of reading in draft the judgement delivered by my learned brother, Muhammed Shuaibu, JCA and I agree with the reasoning and resolution of the issues formulated for determination in the Appeal.

Reacting to the Appeal Court Judgment, AKIPCON President General, Dr. Ufot Phenson and the Secretary General, Mr. Emmanuel Bassey commended the Appeal Court for ensuring that justice is done to the people of the Niger Delta, whom they say have suffered so much in the hands of the oil companies as a result of environmental pollution, neglect and lackadaisical attitude towards the development of the area.