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The Digest:

A Federal High Court in Uyo has dismissed a N54 billion suit filed against Mobil Producing Nigeria Unlimited (now SEPNU) over an alleged 2014 oil spill, ruling that the action was filed outside the time permissible by law. The case was brought by representatives of Barracks, Nditia, and Okposo 2 communities seeking damages for environmental harm. The plaintiffs had argued the damage should be treated as a "continuing injury" to avoid the limitation period, but the court rejected this, finding the spill was a completed act that occurred in 2014.

Key Points:
  • The court held that a continuing injury requires repeated or ongoing wrongful acts, not just the persistence of damage from a single event.
  • While environmental effects may linger, the cause of action remains fixed to the date of the spill.
  • The plaintiffs attempted to classify the claim as a continuing injury to circumvent the limitation period.
  • The suit was filed in 2026, more than a decade after the alleged spill occurred.
  • The ruling underscores the strict application of limitation laws in environmental claims.

The dismissal highlights the challenges communities face in seeking redress for environmental damage when legal actions are not pursued within statutory time limits, even when the effects of pollution persist.

Sources: Vanguard