Court throws out Bayelsa king’s case against Shell

The Federal High Court in Yenagoa on Friday threw out a case against Shell Petroleum Development Company Nigeria Ltd. The case challenged Shell's decision to sell its onshore assets.

Bubaraiye Dakolo, the traditional ruler of Ekpetiama in Bayelsa, filed the suit. He wanted the court to address pollution issues in the area that have lasted for 40 years.

Mr Dakolo claimed that Shell's sale did not follow rules set by the Petroleum Industry Act (PIA) 2021.

In his ruling, Justice Ayo Emmanuel dismissed the case because it was filed late. He explained that objections to asset sales must be made within three months.

The judge stated that Mr Dakolo did not have the legal standing to bring the case since he was not involved in the sale. Justice Emmanuel also mentioned that the traditional ruler did not use the conflict resolution options offered by the Nigerian Upstream Petroleum Regulatory Commission.

The judge said not following these steps made the case invalid. "Plaintiff’s failure to satisfy the mandatory statutory conditions precedent under the Petroleum Industry Act (PIA) strips this Court of jurisdiction," he ruled.

Mr Dakolo claimed the pollution was a "continuing injury," which he argued created a long-lasting case that should not be limited by time. But Justice Emmanuel pointed out that the case included past issues mixed with recent events from 2024.

Justice Emmanuel explained, "A continuous injury means a recurrence of the legally wrongful act itself, not the continuous persistence of the injurious effects of a singular past act."

The judge noted that the claims against public officers were raised too late, exceeding the three-month period set by the PIA. He added that claims related to torts fall under a five-year limit according to Bayelsa State laws.

After the ruling, Lawrence Edet, lawyer for the Minister of Petroleum Resources, thanked the court for ruling in favor of his client.

Mr Dakolo’s lawyer said they would take the case to a higher court, the court of appeal. An environmental group, Resource Justice and Social Action, was disappointed with the ruling. They felt the court overlooked the need for environmental justice and focused too much on legal technicalities.

Prince Edegbuo, the group’s resource justice manager, said, "It is very unfortunate. The pollution has devastated the environment and denied people of their livelihoods and even affected the reproductive health of the people. It is heartbreaking that the Federal High Court struck out this case."

He added, "We will meet at the Appeal Court. We will not relent. We will continue to support the Ekpetiama people in this litigation. This is just the court of first instance."

The defendants in the case included Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V, and Shell UK PLC. Other defendants were the Attorney-General of the Federation, the Nigerian Upstream Petroleum Regulatory Commission, the Minister of Petroleum Resources, and Renaissance Energy Africa Ltd.

NAN reports that Renaissance Energy Africa, a group of Nigerian oil companies, bought the onshore and shallow-water oil and gas assets from Shell in March 2025 after Shell UK PLC sold them.