allAfrica.com: Ijaw $1.5bn Lawsuit Against Shell Suffers Setback (ShellNews.net) 16 March 05
Vanguard (Lagos)
Samuel Oyadongha
Yenagoa
EFFORTS by the Ijaw of Bayelsa State to have its $1.5 billion lawsuit against the Anglo-Dutch oil giant, Shell Petroleum Development Company (SPDC) heard in Yenagoa was yesterday stalled following conflicting reports that the case has been transferred to the Federal High Court, Port Harcourt.
The Ijaw Aborigines had through their political leaders and representatives, Chief Pere Ajuwa and Mr. Ingo Mac-Etelli instituted the lawsuit against the oil giant in December 2000 as compensatory claims to the alleged environmental degradation and multiple oil spillages arising from oil exploration in Ijaw land of Bayelsa State.
When the case was mentioned for hearing yesterday at the Yenagoa division of the Federal High Court presided over by Justice Okey Okeke, a representative of the defence, Mr. Chukwuka Okwara, representing Chief Richard Akinjide, SAN, informed the court that suit no. FHC/YNG/CS/3/05 has been transferred to the Federal High Court, Port Harcourt.
However, Mr. Ukari Oduma, who stood in for Chief Bayo Ojo, SAN, lead counsel to the plaintiffs (Ijaw Aborigines) told the court that they were yet to be briefed about the transfer of the case as he was hearing it for the first time from the defence counsel.
The presiding judge, Justice Okey Okeke who also said the transfer of the case was yet to be officially communicated to him however adjourned till March 21, 2005 so that the court could be duly informed of the development.
Vanguard recalled that in a three-page petition to the Chief Judge of the Federal High Court, Ikoyi Lagos, dated January, with reference (suit no. FHC INYG/CS/587/2004, lead counsel to SPDC, Chief Richard Akinjide had requested on behalf of his client and co-counsel for the transfer of the case from the Federal High Court in Yenagoa, Bayelsa State to either Lagos or Abuja Federal High Court alleging insecurity of lives of the defence lawyers and witnesses.
Akinjide also stated in the petition that the plaintiffs (Ijaw Aborigines) have resorted to the use of campaign and threats of violence to the effect that if the $1.5 billion claim was not paid by Shell, there would be "serious consequences."
However, in a counter response to Akinjide's application dated February 4, 2005, lead counsel to the plaintiff (Ijaw Aborigines), Chief Bayo Ojo had described the request as "making unnecessary fuss on the issue of the case transfer."
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