Centre For Oil Pollution Watch V. Nigeria National Petroleum Corporation (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Appellant is a Non-Governmental Organization [NGO] that involves itself in the reinstatement, restoration and remediation of environments impaired by oil spillage/pollution; it also ensures that environments that belong to no one are kept clean and safe for human and aquatic live/consumptions. It sued the Respondent at the Federal High Court, Lagos, wherein it claimed as follows –

A. Reinstatement, restoration and remediation of the impaired and/or contaminated environment in Acha autonomous community of Isukwuato Local Government Area of Abia State of Nigeria particularly the Ineh and Aku Streams, which environment was contaminated by the oil spill complained of.

B. Provision of portable water supply as a substitute to the soiled and contaminated Ineh/Aku Streams, which are the only and/or major source of water supply to the community.

C. Provision of medical facilities for evaluation and treatment of the victims of the after negative health effect of the spillage and/or the contaminated streams.

The reason for its intervention is set out in its Amended Statement of Claim –

(4) That over 25 years Ago, the [Respondent] constructed and laid oil pipelines beneath, around and beside Ineh and Aku Streams/Rivers in Acha Autonomous Community in Isukwuato Local Government Area, Abia State of Nigeria and; that the Respondent’s use of the land viz-a-viz the oil pipeline is special and non-natural.

(5) That Ineh and Aku Streams/Rivers are the only source of water supply to Acha Community, her environs, visitors and travelers.

It further averred as follows at paragraphs 6 to 13 of its said pleadings –

– The pipeline had outlived its usefulness due partly to use and partly to the salinity of the sea water under which it was laid.

– On 13/5/2003, it noticed a strange oily substance (crude hydrocarbon oil) circulating and drafting on top of the streams and within some days therefrom the magnitude of the strange oily substance increased to an unbearable proportion, overflew from the streams and surged unto the adjourning lands, estuaries, creeks and mangroves.

– Crude Hydrocarbon oil, which is lighter than water, floats on water and the meniscis is at the highest water level during flow tide and is gently smeared and deposited downwards on the mangrove trees and swamps as the tide ebbs. All the recesses and swamp holes of the aquatic animals automatically collect pockets of oil when the flood recedes. This process is repeatedly undergone as long as the split oil lasted.

– Crude Hydrocarbon oil coming from the bowels of earth have amongst several impurities, a lot of dissolved nitrogen called Basic Sediments and water (Bs & W) of which are not readily visible to the naked eyes, in aqueous medium.

– The Ineh/Aku spill in question was straight from the earth bowels and discharged at the sea bed with all its impurities. This substance wipes off all known marine food and is dangerous to human health.