The case brought by the traditional ruler of Ekpetiama Kingdom in Bayelsa State, King Bubaraiye Dakolo, seeking an injunction against the Shell divestment of its onshore assets, has been thrown out by the Federal High Court in Yenagoa.
In handing down its verdict, Judge Ayo Emmanuel held that the suit was brought outside the time frame permitted by the law and that the plaintiff lacked the necessary locus standi for instituting the suit.
The court further held that the plaintiff did not attempt to exhaust the mechanism set aside by the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) in the PIA for the resolution of disputes.
Dakolo had approached the court to restrain the divestment process, stating that Shell has not remedied decades of environmental degradation in his area before divesting its assets.
Nonetheless, the court held that appeals regarding divestment of oil assets had to be made within three months, and that the claims about damages to the environment were barred by the limitation law.
The lawyer representing the Minister of Petroleum Resources welcomed the decision, saying it was justice well done.
Responding to this, the lawyer representing the king vowed that the judgment would be appealed before the Court of Appeal.
The environmental rights NGO, Resource Justice and Social Action, was equally disappointed, stating that the court did not look into the environmental issues at hand, but rather focused on the technical aspect of the case.
The defendants in the case included Shell Petroleum Development Company of Nigeria, Shell UK PLC, Attorney-General of the Federation, NUPRC, Minister of Petroleum Resources, and Renaissance Energy Africa Limited. Renaissance Energy took over the onshore assets of Shell in March 2025.
