Court dismisses suit by Bayelsa traditional ruler challenging Shell’s divestment, pollution

From Femi Folaranmi, Yenagoa

The Yenagoa Division of the Federal High Court on Friday, dismissed a suit filed by the Ibenananowei of Ekpetiama Kingdom, HRM King Bubaraye Dakolo Agada IV, challenging the divestment of Shell from onshore assets. MEkpetiama Kingdom in Yenagoa Local Government Area of Bayelsa State is a host community to several oil and gas facilities.

King Dakolo had filed the suit to seek redress and remediation of cumulative pollution of his domain for 40 years, arguing that Shell’s divestment from Ekpetiama Kingdom did not follow the stipulated guidelines in the Petroleum Industry Act (PIA) 2021.

After several adjournments from the first day of hearing in June 2025, when the suit was filed, the presiding judge, Justice Ayo Emmanuel, ruling on the preliminary objection to the suit filed by the defendant, dismissed the case for being filed out of time, adding that under the statute, any objections to divestment should be filed within three months.

Justice Emmanuel also held that the traditional ruler lacked the ‘locus standi’ to institute the case, as he had no role in the divestment.

The judge further stated that the plaintiff failed to explore and exhaust the conflict resolution mechanisms of the Nigerian Upstream Petroleum Regulatory Commission. The judge noted that the failure, according to the Petroleum Industry Act (PIA), rendered the suit invalid.

“Plaintiff’s failure to satisfy the mandatory statutory conditions precedent under the Petroleum Industry Act (PIA) strips this Court of jurisdiction.

“The Plaintiff further contended that the injuries complained of constitute a ‘continuing injury, thereby creating a continuous cause of action that escapes the limitation periods,

“From the facts presented, the alleged causes of action against the public officers (the 4th, 5th, and 6th Defendants) arose well outside the mandated 3-month period prescribed by POPA.

“Furthermore, the claims touching on tortious liability are caught by the 5-year limitation threshold under Section 16 of the Limitation Law of Bayelsa State,” Emmanuel ruled.