Chief (Dr) Pere Ajuwa & Anor V.the Shell Petroleum Development Company Of Nigeria Limited (2011)

LAWGLOBAL HUB Lead Judgment Report

A. FABIYI, J.S.C

This is an appeal against the ruling of the Court of Appeal, Abuja Division (“the court below” for short) delivered on 10th May, 2007.

By an Originating Summons issued at the Federal High Court, Yenagoa, Bayelsa State but later transferred and heard at the Federal High Court, Port Harcourt, (“the trial court”, for short) the appellant sought to enforce the Joint Resolution of the National Assembly awarding to the Appellants the sum US$1.5 billion damages as compensation for environmental degradation of the appellants, communities by the respondent’s oil production activities since 1956.

On February 24, 2006, the trial court gave judgment and ordered the respondent to comply with the resolution of the National Assembly and awarded the stated sum of US$1.5 billion to the appellants as compensation for injuries suffered. The respondent felt dissatisfied with the judgment of the trial court and appealed to the court below.

Equally, it applied to the trial court for it to make an order of unconditional stay of execution of it’s judgment. In a Ruling delivered on Friday, May 19, 2006, the trial court refused the application for unconditional stay and ordered the grant of stay of execution on condition that the judgment sum be deposited in the central Bank of Nigeria on or before 12 noon on Monday, May 22nd, 2006 in the name of the Chief Registrar of the Federal High Court.

Being dissatisfied with the Ruling of the trial court, the respondent filed a further application at the court below seeking that the order of conditional stay be varied by granting unconditional stay of execution pending the final determination of the appeal. The respondent filed another application dated September 19th, 2006 seeking leave of the court below to amend its Notice of Appeal by filing and arguing the Amended Notice of Appeal, leave to raise fresh issues and accelerated hearing of the appeal.

The two motions filed by the respondent were part-heard at the Port Harcourt Division of the court below when the appeal was transferred, suo motu, by the court for hearing at the Abuja Division of the court. When hearing resumed de novo) at the Abuja Division, the two applications were heard together. In the Ruling of the court below delivered on May 10th, 2007, the court below granted all the reliefs sought in the two motions. The court below gave the parties time for filing briefs of argument and adjourned the appeal to 21st of June, 2007 for hearing.

The appellants felt unhappy and appealed to this court against the stance posed by the court below.

Learned Senior Counsel to the respondent raised preliminary objections against the grounds of appeal contained in the Notice of Appeal filed by the appellants on 22nd May, 2007. For ease of reference and due appreciation, the six grounds of appeal without their particulars are reproduced as follows:-

GROUND ONE

The Court of Appeal erred in law in granting the appellant applicant’s prayer contained in their application filed on 20th November, 2006 seeking “leave to the defendant/appellant/applicant to amend the notice of appeal in this matter by filing and arguing the Amended Notice of Appeal including raising fresh issues herein attached as

Exhibit SPD1.”

GROUND TWO

The Court of Appeal erred in law when it held per O. O. Adekeye, JCA as follows:-