By Joseph Ebi Kanjo

A coalition of civil society organisations has thrown its weight behind the suit filed by His Royal Majesty, King
Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom, Bayelsa State, against Shell Petroleum Development Company of Nigeria Limited in its divestment bid.

The civil society organisations drumming support for King Dakolo in his suit before Justice Ayo Emmanuel of the Federal High Court, Yenagoa, are: Health of Mother Earth Foundation (HOMEF); Social Action Nigeria; International Working Group on Petroleum Pollution and the Just Transition in the Niger Delta
(IWG); Bayelsa State Non-Governmental Organisations Forum (BANGOF); HEDA Resource Centre; Kebetkache Women Development and Resource Centre, among others.

In the suit marked: FHC/YNG/CS//2025, HRM, King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom, is the Plaintiff while Shell Petroleum Development Company of Nigeria Limited (SPDC) (1st Defendant); Shell Petroleum N.V.(2nd Defendant); Shell PLC (3rd Defendant); Attorney General of the Federation (4th Defendant); Nigerian Upstream Petroleum Regulatory Commission (NUPRC) (5th Defendant); Minister of Petroleum Resources (6th Defendant) and Renaissance African Energy Limited is the 7th Defendant.

The Plaintiff, through is lawyer, Chuks Ugburu, is seeking a declaration by the honourable court that “the purported sale, assignment, transfer or divestment of the onshore and shallow-water oil and gas assets of the 1st Defendant to the 7th Defendant executed without strict compliance with the mandatory provisions of the Petroleum Industry Act, 2021, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) Regulatory Divestment Framework, and without due consultation with and consent from the Plaintiff is unlawful, unconstitutional, null and void.”

The Plaintiff is seeking “A DECLARATION that the failure and refusal of the 1st, 2nd and 3rd Defendants to carry out a comprehensive and participatory Environmental Impact Assessment (EIA), Host Community Development Plan (HCDP), Decommissioning and Abandonment Plan, prior to initiating and concluding the divestment process, is a violation of the Petroleum Industry Act, 2021 and international environmental law.”

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The Plaintiff is also seeking a “A DECLARATION that the 4th, 5th and 6th Defendants have failed in their statutory duties under the Petroleum Industry Act, 2021, including their obligations to regulate and monitor the divestment process, ensure stakeholder consultation and due diligence and safeguard the rights and Interests of host communities like the Plaintiff.”

The Plaintiff is also praying the court to declare “the exclusion of Ekpetiama Kingdom and its leadership from the divestment process amounts to a denial of their right to Free, Prior and Informed Consent (FPIC) under international law and renders the divestment process procedurally and legally defective.”

Also, “A DECLARATION that the continued degradation of the environment, livelihoods and health of the people of Ekpetiama Kingdom, as detailed in the expert findings of the report titled “An Environmental Genocide: Counting the Human and Environmental Cost of Oil in Bayelsa, Nigeria”, is a violation of the constitutional and human rights of the Plaintiff, and the 1st, 2nd and 3rd Defendants are liable for the same.”

“A DECLARATION that the continuous oil spills, gas flaring, and other environmentally harmful activities of the 1st, 2nd, 3rd and 7th Defendants in Ekpetiama Kingdom constitute a violation of the Plaintiff’s constitutional right to a clean, safe and healthy environment.”

The Plaintiff is seeking “A DECLARATION that the 1s, 2nd, 3rd and 7th Defendants are jointly and severally liable for the environmental degradation, economic loss and public health crisis caused in Ekpetiama Kingdom.

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“AN ORDER directing the 1st, 2nd, 3rd and 7th Defendants jointly and severally to immediately embark on comprehensive environmental clean-up, remediation and restoration of all polluted sites within Ekpetiama Kingdom.

“AN ORDER mandating the 1st, 2nd, 3rd and 7th Defendants jointly and severally to establish and fund a Community Environmental Rehabilitation Fund for Ekpetiama Kingdom to the tune of $1,000,000,000.00 (One Billion United States Dollars).”

“AN ORDER directing the 1st, 2nd, 3rd and 7th Defendants to jointly and severally pay to the Plaintiff the sum of $2,000,000,000.00 (Two Billion United States Dollars) as general and exemplary compensation for the losses, pain, and suffering occasioned by the 1 ^ m – 3 ^ m Defendants’ negligent and reckless operations.

“AN ORDER of perpetual injunction restraining the Defendants from continuing operations in Ekpetiama Kingdom without first conducting an independent and transparent environmental impact reassessment.

“AN ORDER nullifying the purported transfer, sale or assignment of oil and gas assets from the 1st Defendant to the 7th Defendant for substantial and material noncompliance with the Petroleum Industry Act, 2021, including failures to comply with mandatory environmental, social, and host community obligations.

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“AN ORDER of perpetual injunction restraining the 1st 2nd and 3rd Defendants, whether by themselves, their agents, privies or assigns, from taking any further steps in furtherance of the said divestment to the 7th Defendant or any other person, unless and until full compliance with the provisions of the Petroleum Industry Act, 2021 is demonstrated and approved through judicial and regulatory processes.

“AN ORDER of perpetual injunction restraining the 7th Defendant from entering, operating, managing, or exercising any rights or obligations over the said divested assets located in or impacting the Ekpetiama Kingdom, until lawful compliance with all applicable statutory and regulatory obligations is ensured.

“AN ORDER directing the 4th, 5th and 6th Defendants to immediately conduct a thorough, independent, and transparent regulatory review of the divestment process, including Environmental and Social Impact Assessments, Financial and technical capacity of the 7th Defendant and Decommissioning liabilities and community obligations.”

“AN ORDER compelling the 1st, 2nd and 3rd Defendants to publicly disclose all agreements, undertakings, financial arrangements and environmental plans relating to the divestment and publish a time-bound plan for remediating environmental harm caused in Ekpetiama Kingdom, with the involvement of the Plaintiff.

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“AN ORDER directing the Defendants to jointly and severally undertake immediate remedial measures in Ekpetiama Kingdom as recommended in the “Environmental Genocide” report, including but not limited to clean-up of polluted water bodies and farmlands, provision of potable water and cultural heritage.”

Joining their voices to the Plaintiff, the civil society organisations called on the Federal High Court to “act decisively,” and “restrain Shell and its partners from finalising any asset sale or
divestment until full compliance with environmental and human rights obligations is demonstrated.”

They also urged the court to “compel regulators like the NUPRC to enforce the Petroleum Industry Act
and protect host communities; affirm the rights of indigenous peoples of the Niger Delta to clean environments, safe livelihoods, and full consultation.”