The Shell Petroleum Development Company Of Nigeria Limited V. Sibeate Kangi & Ors. (2012)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment)
At the lower court, Federal High Court, sitting at Port Harcourt, the respondents as plaintiffs claimed in their further amended statement of claim against the appellant being the defendant for:
“1. The sum of 40,000,000.00k (Forty Million Naira) being special and general damages suffered by the plaintiffs from ecological degradation of plaintiffs fishing flats, creeks and ponds damage to fishing traps, screens and nets and declaration of marine life by defendant’s negligent spillage of crude oil from defendant’s Bodo West Oil field in 1994.
- An order directing the defendant to clean up the fishing flats creeks and ponds polluted by the crude oil spillage from Bodo West Oil field and take steps to improve marine life and otherwise make restitution for damage done to the Community’s traditional occupation.”
The respondents’ in paragraph 6 of their further statement of claim particularly averred as follows:
“In 1994 crude oil in remarkable quantities was observed on the flats, in the creeks, fish ponds and elsewhere, in the area and on investigation it was discovered that a massive oil spillage had occurred from the said Bodo West Oil Field.
(a) The plaintiffs over that the committee which carried out investigation also discovered that the spill was so massive nearly all the communities in and around Bodo West Oil Field, namely, Bodo, Goi, K-Dere, B-Dere, Kpor and Gbe were heavily polluted, and the oil was carried by the tide of the neighbouring sea and streams to as far a field as Ogu-Bolo, Okrika, Andoni, Bonny and Opobo.
(b) In the case of Gbe, River Kotagbe which goes up to Bookaamuu is a natural Boundary with Bodo at the coast; Gbe is near Tekuru of Patricks Waterside.
(c) Fresh water stream that runs from Bookaamuu to join the salt water at the coast cuts Gbe into two halves; on one half Gbe and Bodo share a common boundary on land. At the coat the boundary between Gbe and Bodo is created by River Koolagbe Bondimkpa, Boogberekazaara, etc nearly are common fishing grounds for both Gbe and Bodo people. Defendants plan made by one Omusuo a licensed surveyor and dated…..is hereby pleaded.”
It is respondents’ further case that at the time of the oil spill, 1994, defendants oil installations in Ogoni land, inspite of the Mosop crisis of 1993 – 1995, had remained functional and fully protected by armed soldiers and policemen. Refusal of the appellant to compensate the respondents as it had done in similarly polluted areas and clean up the environment necessitated the suit against the appellant. Paragraphs 20-23(a) and (b) which contain particulars of plaintiffs/respondents claim are hereunder reproduced for case of reference:
“20. On the average a family of three or four adults who fish or farm to sustain the rest of each family have at least 50 nets, 10 fishing screens, 5 fishing ponds, 1 acre or a football field size of farm land.
21- Investigations carried out by the community following the observation of crude oil in likely places showed that at least 4,300 screens and nets put together were damaged; each of these screens and nets cost N5,000.00
- Also about 1,250 fish traps each costing N300 were destroyed by the oil sludge.
- Wherefore the plaintiffs have suffered damage and claim as follows:
(a) As calculated hereunder the sum of N40,000,000.00
i. Special Damages for 3,170 nets destroyed each costing N5,000 N15,850.000.00
ii. Special Damages for 1,105 fishing screens each costing N5,000 N5,525,000.00
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