Bayelsa monarch appeals dismissal of Shell divestment suit
The traditional ruler of Ekpetiama Kingdom in Yenagoa Local Government Area of Bayelsa State, King Bubaraiye Dakolo, has filed an appeal against the dismissal of his suit challenging Shell’s divestment of its onshore assets and alleging environmental pollution in his domain.
Counsel to the monarch, Chuks Uguru, told journalists at the Federal High Court in Yenagoa on Monday that a notice of appeal had been filed because the legal team was dissatisfied with the trial court’s decision, which dismissed the case on what it described as technical grounds.
Nathan Tamarapreye, Yenagoa
The traditional ruler of Ekpetiama Kingdom in Yenagoa Local Government Area of Bayelsa State, King Bubaraiye Dakolo, has filed an appeal against the dismissal of his suit challenging Shell’s divestment of its onshore assets and alleging environmental pollution in his domain.
Counsel to the monarch, Chuks Uguru, told journalists at the Federal High Court in Yenagoa on Monday that a notice of appeal had been filed because the legal team was dissatisfied with the trial court’s decision, which dismissed the case on what it described as technical grounds.
Uguru said the appeal process had commenced to enable the Court of Appeal to review the lower court’s ruling.
According to him, the appeal is based on eight grounds and seeks a determination of whether the Federal High Court was right to dismiss the suit at the preliminary objection stage without hearing evidence on the substantive environmental and human rights claims.
He said the appeal argues that the trial court wrongly treated the grievance procedure under the Petroleum Industry Act (PIA) as mandatory, despite the case involving environmental pollution, petroleum asset divestment, constitutional rights, environmental remediation and compensation, rather than disputes relating to Host Community Trusts under Chapter 3 of the PIA.
The appellants also contend that the court erred in holding that the suit was statute-barred under the Public Officers Protection Act, despite allegations of continuing environmental pollution, ongoing regulatory failures and unlawful conduct, which they argue are not protected by limitation laws.
Reacting to the judgment, environmental justice organisation Social Action expressed disappointment, saying the court prioritised technicalities over the community’s quest for environmental justice.
The organisation’s Resource Justice Manager, Dr Prince Edegbuo, reaffirmed its support for the affected community.
“The ongoing pollution affects the livelihood of the people, and we at Social Action will remain in solidarity with them,” he said.
Ekpetiama Kingdom is one of the host communities to the Gbarain-Ubie Gas Plant and the Gbarain oilfields.
The defendants in Suit No. FHC/YNG/CS/81/2025 are Shell Petroleum Development Company of Nigeria Ltd., Shell Petroleum N.V., Shell U.K. Plc, the Attorney General of the Federation, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), the Minister of Petroleum Resources and Renaissance Energy Africa Ltd.
Renaissance Energy Africa, a consortium of indigenous oil companies, completed the acquisition of Shell Petroleum Development Company of Nigeria’s onshore and shallow-water oil and gas assets in March 2025, following Shell’s divestment from the assets.
