Oil Spillage: Ondo Community Secures Order Restraining Shell from Selling Assets in Nigeria

Alex Enumah in Abuja

A Federal High Court in Akure, has restrained oil giant, Shell Petroleum Development Company (SPDC), from disposing any of its assets in Nigeria, pending the hearing and determination of a suit brought against it by an indigenous community in Ondo State.

The restraining order issued on September 28, was sequel to an ex parte application brought by one Prince Afolabi Akinruntan and 1,215 others against SPDC, SPDC Nigeria Ltd, Shell International Company Ltd, Shell International Exploration and Production Ltd, Attorney General of the Federation AGF and Minister of Justice and the Nigerian National Petroleum Company (NNPC).

Justice T. B. Adegoke of the Akure division of the Federal High Court in a ruling on Friday, held that it was necessary to grant the restraining order in order, “not to make nugatory the essence of this suit.”
The plaintiffs had dragged the defendants before the Federal High Court, Akure Ondo State, over alleged oil Spillage caused by she’ll in their community in Ondo State.

In the suit marked: FHC/AK/CS/68/2023, the plaintiffs were seeking for the enforcement of their fundamental rights and the remediation of the environmental hazards and degradation caused by the oil spillage of Shell’s ruptured pipelines.
The plaintiffs however, pointed out that Shell had indicated intention to dispose all of its assets in Nigeria as well as quit its business operations in the country.
The plaintiffs pointed out that if the court does not intervene through the grant of the exparte application, “the judgment of the court will be rendered nugatory, academic, and unenforceable, if it is favour of the plaintiffs.”

While submitting that an order of mareva was apt in the circumstance, they urged the court to exercise its discretionary powers and grant the reliefs sought.
In a short ruling, Justice Adegoke, pointing out that ex parte orders are made in very special circumstances in order not to make nugatory the judgment of a court.

The judge observed that in the instant case before it, the plaintiffs are in court to claim compensation, remediation and rehabilitation of their environment, farmland, fish ponds, engine boat machineries etc destroyed by the oil spillage, rain acid and pollution since 2011 to 2019 and which still continues by the activities of Shell.

Hence the need to grant the application.
The judge subsequently made an, “Order of Mareva injunction restraining shell from disposing off any of their assets in any part of Nigeria, pending the hearing and determination of the suit.”
Besides, the judge made an order for accelerated hearing in the suit.

Meanwhile, a Certified True Copy (CTC) of the court’s ruling, dated October 5, and signed by the Court’s Registrar, O. O. Amindayomi, noted that the order shall be discharged if it is shown that that the court was deceived into making the order.