The Federal High Court sitting in Yenagoa on Wednesday adjourned a suit challenging the divestment of Shell from onshore assets until May 6 due to absence of legal representatives from the office of the Attorney-General of the Federation.
The Shell Petroleum Development Company of Nigeria Limited (SPDC) had challenged the jurisdiction of the court in a suit challenging the divestment by Shell UK PLC from onshore and shallow water assets hitherto operated by SPDC.
The plaintiffs in the suit alleged that the divestment by Shell did not follow the stipulated guidelines in the Petroleum Industry Act (PIA) 2021.
The suit filed by King Bubaraiye Dakolo, traditional ruler of Ekpetiama in Yenagoa Local Government Area of Bayelsa is also seeking redress and remediation of cumulative pollution of Dakolo’s domain for 40 years.
Environmental justice groups, Social Action and Health of Mother Earth Foundation (HOMEF) and Social Action are collaborating in supporting the impacted Ekpetiama community to seek legal remedy.
Ekpetiama community is in the neighbourhood and part of host communities to the Gbarain-Ubie gas plant and Gbarain oilfields.
When the case came up for heating, Mr J.P. Kudo , Counsel to Shell UK PLC informed the court that counsel to the Attorney-General of the Federation had written a letter seeking an adjournment on the grounds that he was engaged at the Court of Appeal
However, counsel to the plaintiff, Dakolo, Mr Chuks Uguru who vehemently opposed the request urged the court to go ahead and hear the pending motion for preliminary objection by Shell.
He argued that the country’s legal jurisprudence has gone beyond the use of delay tactics and technicalities to frustrate indigent communities from getting access to justice.
“I urged my Lord not to touch this letter even with insulated fingers. The defendants have practically held us to ransom.
“The issue of adjournment is at the jurisdiction of the court, I urge the court to go on,” Uguru said.
Justice Ayo Emmanuel said that he was inclined to grant the adjournment in the interest of James sticem
The judge adjourned the case until May 6 to hear the motion of preliminary objection.
Listed as defendants in the suit No. FHC/YNG/CS/81/2025, are Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V, Shell UK PLC.
Others are Attorney General of the Federation, The Nigerian Upstream Petroleum Regulatory Commission, Minister of Petroleum Resources and Renaissance Energy Africa Ltd.
It will be recalled that Renaissance Energy Africa, a consortium of indigenous oil firms in March 2025 acquired the onshore and shallow waters oil and gas assets hitherto operated by SPDC, following the divestments by Shell UK PLC, the parent company to SPDC.
Speaking after the court session Monarch of Ekpetiama Kingdom, King Bubaraye Dakolo said the clan would not be deterred in pursuing its case to a logical conclusion.
“Well, I can say I am disappointed that the court did not hear the matter today because the Attorney General did not show up despite having several lawyers. This is the tactics of the parties we are dealing with over the years. They try to wear you out but we are not deterred , we know this is the tactic but we are determined to go through the whole hug. We will continue, we will be here on May 6, 2026 and we will be alive to get judgment because no normal human being should accept the surreptitious way with which Shell disappeared from Ekpetiama Kingdom and brought in Renaissance without proper reference to what we represent as human beings. And so in spite of the destruction, the catastrophe they have caused in my Kingdom and to further compound it by disappearing and changing guard has to be challenged and that is what we are doing. And I know that at the end of the day the mill of justice will grind to our side and we shall win.
Resource Justice Manager at Social Action, Dr. Prince Ekpere Edegbuo decried the frequent adjournments by the defendants, describing it as delay tactics.
‘What has happened here is unfortunate that the office of the Attorney General that is filled with a retinue of Lawyers cannot appear in court today, asking for an adjournment. That I think is unprofessional. I think this is the game that office is playing with Shell, just delay tactics. And for communities who do not have the resources for this kind of case, oftentimes, they just let go and this is how oil companies operating in the Niger Delta have been running away from their responsibilities and liabilities that they have left behind. The Nigerian government should show particular concern for the people and communities of the Niger Delta. We make bold to call on the office of the Attorney General to ensure that adequate arrangements are made to appear in the next adjourned date of May 6
