A federal high court in Uyo has dismissed a N54 billion suit filed against Mobil Producing Nigeria Unlimited, now known as SEPNU, over an alleged 2014 oil spill.
The court held that the action was filed outside the time
permissible by law.
The case was brought by representatives of Barracks, Nditia,
and Okposo 2 communities, who sought damages for environmental harm arising
from the spill.
The plaintiffs had prayed the court to treat the damage as a
“continuing injury” in an effort to avoid the limitation period.
But the court rejected the argument, finding that the
alleged spill was a completed act that occurred in 2014 and could not be
revived more than a decade later.
A key issue in the case was whether the incident qualified
as a “continuing injury” or the “continuing effect” of a past act.
Abasiemediong Etuk, counsel to the defendant, argued that a
continuing injury requires repeated or ongoing wrongful acts, not just the
persistence of damage after a single act.
She said the alleged spill was a one-time occurrence, adding
that any lingering environmental impact did not extend the timeframe within
which the suit could be filed.
“While the effects of the spill might persist, the cause of
action remains fixed to the date the spill occurred,” she said.
In its verdict, the court agreed with the defence, holding
that the plaintiffs’ attempt to classify the claim as a continuing injury was
misconceived.
The court found that the spill, as alleged, was not ongoing
but a completed act with residual consequences.
It held that the limitation period began to run in 2014,
making the suit filed in 2026 statute-barred.
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