The traditional ruler of Ekpetiama Kingdom in Yenagoa Local Government Area of Bayelsa State, Bubaraiye Dakolo has filed an appeal on the dismissal of his suit challenging the divestment by Shell from onshore assets and pollution within his domain.
Counsel to Dakolo, Chuks Uguru, who spoke at the premises of the Federal High Court in Yenagoa on Monday, said that they have filed a notice of appeal because they were aggrieved by the decision of the trial court in dismissing the case on technicalities.
He explained that they were at the trial court to commence the process of challenging the judgement and explore the opportunity of having a panel of three judges take a second look at the decision of the trial judge.
According to him, the legal team is approaching the Court of Appeal with eight grounds of appeal.
Uguru observed that the plaintiff is asking the Court of Appeal to determine whether the Federal High Court in Yenagoa, was correct to dismiss the case at the preliminary objection stage without hearing evidence on the substantive environmental and human rights claims.
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Among other issues, the appeal contends that the trial court,
Incorrectly treated the Petroleum Industry Act (PIA) grievance procedure as mandatory, even though the dispute concerns environmental pollution, petroleum asset divestment, constitutional rights, environmental remediation and compensation rather than Host Community Trust disputes governed by Chapter 3 of the Petroleum Industry Act.
The appeal also contends that the trial court, incorrectly held that the action was barred by the Public Officers Protection Act, despite allegations of continuing environmental harm, ongoing regulatory failures and unlawful conduct which the appellant argues fall outside the protection of limitation legislation amongst other grouses
Environmental justice group, Social Action had in its reaction to the judgement expressed regret that the court had to ignore the quest for environmental justice and technicalities.
Prince Edegbuo, Resource Justice Manager at Social Action said that the civil society group remains committed to supporting the impacted community.
“The ongoing pollution affects the livelihood of the people and we at Social Action will remain in solidarity with them,” he said
The suit marked, FHC/YNG/CS/81/2025 has listed as defendants Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V, Shell UK PLC.
Others are attorney general of the federation, The Nigerian Upstream Petroleum Regulatory Commission, minister of petroleum resources and Renaissance Energy Africa Ltd.
It will be recalled that Renaissance Energy Africa, a consortium of indigenous oil firms in March 2025, acquired the onshore and shallow waters oil and gas assets hitherto operated by SPDC, following the divestments by Shell UK PLC, the parent company to SPDC.
