Divestment: Ekpetiama Kingdom Slams Court Case Against SPDC, AGF, Federal Agencies

The people of Ekpetiama Kingdom in Bayelsa State have filed a landmark lawsuit against Shell Petroleum Development Company (SPDC), the Minister of Petroleum Resources, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and the Attorney General of the Federation (AGF) over concerns about Shell’s planned divestment of onshore assets.

The case was filed at the Federal High Court in Yenagoa on June 20, 2024, with the full hearing set to begin on July 22, 2025.

During a press conference in Abuja, a coalition of civil society organisations, including the International Working Group on Petroleum Pollution and Just Transition in the Niger Delta (IWG), Health of Mother Earth Foundation (HOMEF), and Social Action Nigeria, explained why the kingdom is pursuing legal action.

They emphasised their common cause in demanding justice for oil and gas-rich communities in the Niger Delta, highlighting the region’s decades-long history of pollution, exploitation, and neglect.

According to the organisations, the plaintiffs, led by HRM King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom, are requesting a judicial declaration that Shell’s proposed divestment violates Nigerian law, including the Petroleum Industry Act (2021) and constitutional provisions protecting the right to life, human dignity, and a clean environment.

Catastrophic Environmental Damage: Shell’s operations in the Gbarain oil fields in Ekpetiama Kingdom have resulted in extensive unremediated oil spills, gas flaring, and the abandonment of toxic infrastructure, causing widespread environmental damage, destroyed livelihoods, and health issues for community members.

Unfulfilled Legal Obligations: Shell’s proposed sale of a 30% stake in SPDC to Renaissance Africa Energy Company Ltd. is taking place without the company meeting its legal obligations to decommission facilities, restore impacted sites, and compensate affected communities.

Regulatory Failure: The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and other state actors are accused of failing to protect host communities, instead facilitating a divestment process that transfers environmental and financial liabilities to the Nigerian state and its people.

The plaintiffs seek the following from the court: A declaration that the divestment is unlawful.
An injunction prohibiting Shell and its successors from closing the transaction until legal obligations are met.

An order directing the government and regulatory agencies to carry out their constitutional obligations to protect environmental and human rights.

HOMEF Executive Director Nnimmo Bassey emphasised the Niger Delta’s long history of environmental injustice, describing it as a “brutalised sacrifice zone for fossil fuel colonialism.”

He stated, “Ekpetiama is one of many communities that have become crime scenes for environmental warfare. This lawsuit is more than just a community asserting its rights; it is about preventing annihilation.”

King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom, spoke about his experience living with the constant pollution and health effects caused by Shell’s operations.

He lamented Shell’s disregard for life and legacy while operating in his kingdom. “We have been treated like collateral damage in the ruthless pursuit of oil wealth.

“Our lands are poisoned, our rivers destroyed, and our people silenced,” he said. He continued, “Now they want to walk away, sell their assets, and avoid responsibility. We say no. “We demand justice.

According to Chuks Uguru, Lead Counsel for the Plaintiffs, Shell intends to exit its decades-long operations in the region without addressing its environmental liabilities, which would violate Nigerian environmental laws and international standards.

Dr. Prince Edegbuo, Programme Manager at the Social Development Integrated Centre (Social Action Nigeria), emphasised the significance of this case as an opportunity to shift the narrative away from impunity and denial and towards accountability, redress, and repair.

He urged the judiciary, civil society, and the general public to see this case as a watershed moment, ushering in a new era in which Nigerian citizens’ living conditions matter.

The organisations involved have urged all well-meaning Nigerians, international observers, and justice-seeking individuals to closely monitor the case and hold Shell accountable for its actions.
The outcome of this lawsuit could have a significant impact on the future of oil operations and environmental justice in the Niger Delta.