The House Of Representatives & Ors. V. The Shell Petroleum Development Company Of Nigeria & Anor. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This Appeal against the decision of Abimbola Osarugue Ogie J. of the Federal High Court, Abuja, delivered on 27th July, 2007.

The Plaintiff at the lower Court took out an Originating Summons challenging the constitutionality of the 1st Appellant’s Committee on Public Petition which was about to investigate the allegations of Ogbako Etche socio-cultural organization in a Petition dated 29th May, 2007 against the 1st Plaintiff which had decided to site its Integrated Hazardous Radioactive Waste Management Facility (IWMF) in Etche, Rivers State.

The Plaintiff in its Originating Summons also claimed for an Order of Perpetual Injunction restraining the Defendants from commencing or continuing with the investigative hearing of the Petition. It also invited the lower Court to interpret the provisions of Section 88 of the Constitution of the Federal Republic of Nigeria 1999.

The 2nd and 3rd Defendants filed a counter-affidavit in opposition to the Originating Summons, together with a Motion on Notice praying inter alia that the suit be struck out and/or in the alternative strike out the names of the 2nd and 3rd Defendants/Applicants from the action on the ground that:-

(i) The Court lacks jurisdiction to entertain the action.

(ii) The Plaintiff is not a juristic personality capable of suing or being sued.

(iii) The 2nd and 3rd Defendants/Applicants are unknown to the Constitution of the Federal Republic of Nigeria, 1999.

(iv) The suit cannot be determined without a resolution of disputed facts and so Originating Summons is inappropriate in the circumstance.

In opposition to this application, the Plaintiff filed a counter-affidavit and a further affidavit and exhibited a certified true copy of its Incorporation. In an effort to quicken proceedings the lower Court heard arguments on the Defendants’ application and the Originating Summons together.

In its judgment, the lower Court first considered the Defendants’ application and dismissed it, and later considered the Originating Summons in which it granted the reliefs sought in its entirety.

Dissatisfied with the judgment of the lower Court the Defendants appealed to this Court.

The Defendants who are now the Appellants filed their Notice of Appeal containing 4 Grounds of Appeal dated 25th October, 2007 at the Registry of the Federal High Court Abuja,

The grounds of Appeal are hereby adumbrated as follows:-