Court Deals Blow To Plaintiffs, Dismisses ₦20.9bn Action Against Mobil

The suit was instituted by the Incorporated Trustees of the AIBOM Oil Producing Community Development Network, alongside Evangelist Emmanuel Edet Bassey and Apostle Ufot Phenson.

Delivering judgment, Justice Onyetenu held that the plaintiffs failed to demonstrate that their personal rights, interests, or properties were directly affected by the issues raised in the case. The court ruled that this deficiency meant they lacked the legal standing (locus standi) to maintain the action.

The judge further noted that the plaintiffs’ statement of claim did not present sufficient facts showing any breach of legally recognised civil rights or proprietary interests by the defendant.

The plaintiffs were represented by D.A. Awosika SAN & Partners, while SEPNU was defended by KENNA LP. Counsel to the company, Chinonso Ekuma, argued that the plaintiffs did not establish any legally protected interest capable of sustaining the suit.

The court also invalidated the irrevocable power of attorney relied upon by the plaintiffs, stating that the first plaintiff did not exist at the time the document was executed, making it legally ineffective to support the case.

Justice Onyetenu rejected the plaintiffs’ argument that the defendant’s objection should have been brought under Order 29 of the Federal High Court Civil Procedure Rules 2019.

The court held that the objection was properly filed under Order 26 and clarified that Order 29 applies only in situations where oral evidence is not required.