The plaintiffs, represented by Kingsley Uzoukwu, Esq., are Unwon Ama Oyorkoto Unity Fishing Cooperative Society, Mgbambop Otako Fishing Cooperative Investment and Credit Society Limited, Oyorokoto Unity Fish Farming Cooperative, and Mr. Dimkpa Ataukot.
They filed the suits in November 2022, alleging that an oil spill caused by Mobil in 2012 had severely impacted their livelihoods.
Mobil, represented by Prof. Fabian Ajogwu (SAN) of Kenna Partners, challenged the court’s jurisdiction on the grounds that the suits were statute-barred. Ajogwu argued that the suits were initiated beyond the limitation period stipulated under Section 16 of the Akwa Ibom State Limitation Laws, 2000.
In its verdict, the court agreed with Mobil’s counsel, noting that the plaintiffs commenced their suits more than ten years after the cause of action arose. Consequently, the court held the suits to be statute-barred.
Justice Onnah dismissed all claims by the plaintiffs, reinforcing the principle that the recognized exception to limitation law is continuous injury, which involves the repetition of legal injury rather than the continuous effects of a legal injury.
