A federal high court sitting in Uyo, Akwa IIbom, has thrown out a N54 billion suit filed against Mobil Producing Nigeria Unlimited, now known as SEPNU, over an alleged 2014 oil spill.
The court ruled that the action was filed outside the time allowed by law.
The case was brought by representatives of Barracks, Nditia, and Okposo 2 communities, who demanded damages for environmental harm arising from the spill.
The plaintiffs had prayed the court to treat the damage as a “continuing injury” in an effort to avoid the limitation period.
But the court rejected the argument, finding that the alleged spill was a completed act that occurred in 2014 and could not be revived more than a decade later.
One major issue in the case was whether the incident qualified as a “continuing injury” or the “continuing effect” of a past act.
Abasiemediong Etuk, counsel to the defendant, argued that a continuing injury requires repeated or ongoing wrongful acts, not just the persistence of damage after a single act.
She said the alleged spill was a one-time occurrence, adding that any lingering environmental impact did not extend the timeframe within which the suit could be filed.
“While the effects of the spill might persist, the cause of action remains fixed to the date the spill occurred,” she said.
In its verdict, the Federal High court concured with the defence, holding that the plaintiffs’ attempt to classify the claim as a continuing injury was misconceived.
The court found that the spill, as alleged, was not ongoing but a completed act with residual consequences.
It held that the limitation period started to run in 2014, making the suit filed in 2026 statute-barred.
