A Federal High Court
in Lagos has awarded the sum of N10 billion against Mobil Producing Nig.
unlimited, over a 1998 oil spillage.
The court awarded the sum in a
judgment delivered in a suit by Chief M.
Ajanaku and others,
on behalf of fishing communities and cooperatives of Lagos.
The plaintiffs had sought a
declaration that the defendant’s continuing failure to undertake post impact
remediation measures to restore the ecosystem of their lands and waters, was
unlawful.
They had argued that a refusal by the
defendants to show consideration to where they carry on their occupation of
fish farming, is a violation of their right to life, and right to live in an
environment favourable to their socio-economic development.
They also prayed for a declaration that
the Plaintiffs whose representatives signed the release forms in favour of the
defendant, carried out same by undue influence.
They argued that by such undue
influence, the document is rendered null and void.
The plaintiffs also prayed the court to
hold that the document purporting to release the defendant from effecting
post-impact remediation programmes to restore the Plaintiffs’ environment is
null and void.
They argued that this was on the
grounds that the document relates to an unconscionable bargain which was signed
under economic duress and in breach of statutory provisions.
They sought an order for the
cancellation of all release documents signed by representatives of some of the
Plaintiffs on the ground that the signatures were obtained by undue influence
and fraud.
They also sought an order that the
defendant should commence post impact remediation programmes in respect of the
Plaintiffs’ lands and waters polluted by the defendant’s Idoho oil spill.
They also sought an order, urging the
defendants to do all such acts and things to clean up the environment of the
Plaintiffs and to restore same to its original state.
Besides, the plaintiffs sought special
damages in the sum of N8.4 billion with interest at the rate of 10% per annum
from Jan. 26, 1998 until judgment was delivered.
They also sought payment of interest on
the same rate until full payment by the defendant.
The plaintiffs further claimed N1.4
billion being general damages for the infraction on their constitutional and
statutory rights, and an interest on the judgment sum at the rate of 10% from
the date of judgment until full payment.
In his judgment, Justice Ibrahim Buba granted
all the claims by Plaintiffs excluding the interest.
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