Tina Amanda
A Federal High Court in Port Harcourt has adjourned for the adoption of motion in a suit filed by an Ogoni group, under the aegis of Ogoni Liberation Initiative against Shell Petroleum Development Company and the Attorney General of the federation.
The group is seeking adequate compensation for the Ogoni people and proper clean up of the polluted, damaged land to its original state.
The matter which was slated for motion couldn’t go on as Counsel representing 2nd Defendant the Attorney General of the federation was absent in court.
Counsel to Shell Petroleum filed a second motion on four grounds challenging the case saying it is statute-barred, and as such the federal High Court does not have jurisdiction on the matter and it is an abuse of court process.
The second motion replaced the first motion filed earlier which was seeking the dismissal of the suit on the ground of incompetence.
Presiding Judge, Justice Emmanuel Obille, after listening to submissions of parties in the suit adjourned to 14 October, for the adoption of 1st Defendant motion and to enable the plaintiff to serve notice of hearing on the Attorney General of the federation.
Counsel to the plaintiff Finjite Amachree, in an interview with our correspondent, said Shell Petroleum can not stop the case from getting its full justice.
“We are amazed that Shell does not want to come for us to do the matter, it appears shell is afraid, what are they hiding? If there is nothing to hide and their hands are clean and they have done nothing against Ogoni, then they should come to court and say it. We know It is the court that will decide, but we have looked at what they have filed by the time we join issues with them they will know our seriousness.”
Also, Jerry Elumeze, Counsel representing the 1st Defendant Shell, maintained that the suit is statute-barred in the sense that it was filed after twenty years of operation of the 1st Defendant in the area, which does not fall within the five years stipulated time in law.
“We are complaining that the way the plaintiff presented their complaints is not permissible the law makes a provision on how you make this claim. The law says it is a statutory claim and they are bringing a common law claim in the Federal High Court. These are technicalities and what the court would decide on the next adjourned date, we are confident that after hearing the suit the court will dismiss it because it’s a waste of time.”
