Court adjourns Bayelsa ruler’s suit over Shell divestment dispute

Nathan Tamarapreye, Yenagoa

The Federal High Court in Yenagoa on Wednesday adjourned a suit challenging Shell’s divestment from onshore assets to 6 May, following the absence of legal representatives from the Office of the Attorney-General of the Federation.

The case centres on Shell UK PLC’s divestment of onshore and shallow-water assets previously operated by Shell Petroleum Development Company of Nigeria Limited (SPDC). SPDC has, however, contested the court’s jurisdiction in the matter.

The claimant, King Bubaraiye Dakolo, the traditional ruler of Ekpetiama in Yenagoa Local Government Area of Bayelsa State, alleges that the divestment failed to comply with provisions of the Petroleum Industry Act (PIA) 2021. He is also seeking redress and environmental remediation for decades of alleged pollution in his domain.

Environmental justice organisations, Social Action and the Health of Mother Earth Foundation (HOMEF), are supporting the Ekpetiama community in pursuing legal action.

The community hosts parts of the Gbarain-Ubie gas plant and the Gbarain oilfields.

At the hearing, counsel to Shell UK PLC, Mr J.P. Kudo, informed the court that the Attorney-General’s counsel had requested an adjournment, citing engagement at the Court of Appeal.

Counsel to the claimant, Mr Chuks Uguru, opposed the request, urging the court to proceed with hearing Shell’s preliminary objection. He argued that legal delays and technicalities should not be used to deny vulnerable communities access to justice.

Justice Ayo Emmanuel granted the adjournment and fixed 6 May to hear the preliminary objection.

Defendants in the suit (No. FHC/YNG/CS/81/2025) include Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V., Shell UK PLC, the Attorney-General of the Federation, the Nigerian Upstream Petroleum Regulatory Commission, the Minister of Petroleum Resources, and Renaissance Energy Africa Ltd.

Renaissance Energy Africa, a consortium of indigenous oil firms, acquired the assets in March 2025 following Shell’s divestment.

Speaking after the proceedings, King Dakolo expressed disappointment over the adjournment but reaffirmed his resolve to pursue the case.

He accused the defendants of employing delay tactics and criticised Shell’s exit from the community, alleging a lack of proper engagement and accountability for environmental damage.

Also speaking, Dr Prince Ekpere Edegbuo of Social Action described the adjournment as unfortunate, criticising the Attorney-General’s office for failing to appear despite having multiple lawyers.

He warned that repeated delays often discourage affected communities from seeking justice, allowing oil companies to evade responsibility for environmental harm in the Niger Delta.

Edegbuo urged the Attorney-General’s office to ensure representation at the next hearing.