A Federal High Court in Lagos yesterday fixed April 26 for ruling in a N3,451,970,000 suit filed against Chevron Nigeria Ltd by an Ondo community, over alleged damage to their ecosystem.
Justice Lewis Allagoa fixed the date to rule on Chevron’s preliminary objection to the suit or judgment on the substantive suit against it.
The plaintiff’s counsel, Mr. Ige Asemudara, told the court, among others, that the second defendant – Minister of Petroleum – despite being served with all processes did not file any response in defence to the suit.
But Chevron’s lawyer, Mr. Ama Etuwewe, SAN, opposed him, asking the court to strike out the suit for want of jurisdiction and, according to him, for being statute-barred.
The plaintiffs in the suit marked FHC/L/CS/1815/2020, are Elisha Omomowo; Abiye Ehinmore; John Omomowo; Benson Omomowo; Omotola Omomowo; Eyisogo Omomowo and Shiloh Ebun Omomowo, suing for themselves and as descendants of Adeli Oriyomi Awoye of Awoye, llaje Local Government, Ondo State.
The plaintiffs – descendants of Adeli Oriyomi Awoye in Ilaje Local Government of Ondo State – have asked the court to order Chevron to pay them the N3.4billion as general and exemplary damages for alleged breach of their rights and loss of earnings occasioned by the loss of their fishing grounds, fishing lines, fishing fences, gears and surface rights to Chevron’s oil operations.
They prayed for an order awarding N1,451,970;000billion, as special damages, and another order awarding N500million against Chevron, as compensation to them for Chevron’s alleged breach of their rights under Section 38 of the Constitution and the terms of the applicable Oil Mining Lease as it relates to the killing or displacement of their object of veneration, namely Aghon Erin Adeli.
But Chevron in its notice of preliminary objection brought pursuant Order 29 of the Federal High Court (Civil Procedure Rules) and under the court’s inherent jurisdiction, asked for an order striking out the suit for want of jurisdiction.
Chevron asserted that by the continued effect of Section 251 of the 1999 Constitution and Section 7 of the Federal High Court Act, the Federal High Court is not statutorily empowered to determine the plaintiffs/respondents’ claims, which border on compensation for land and matters incidental thereto.
It also averred that under Section 19 of the Oil Pipelines Act, the Federal High Court had no jurisdiction to entertain the plaintiffs’ claims.
It added that the plaintiffs’ action was statute-barred, as their claim was caught up by Section 4 of the Limitation Law of Ondo State CAP 83 Laws of Ondo State 2006.