A ₦54 billion representative lawsuit about a 2014 oil spill was dismissed by the Federal High Court in Uyo because the complaint was brought beyond the deadline.
Mobil Producing Nigeria Unlimited, now known as SEPNU, was sued by representatives of the Barracks, Nditia, and Okposo 2 villages.
The claimants contended that the spill’s environmental harm should be exempt from the statute of limitations since it constituted an ongoing injury.
In disagreement, the court dismissed the lawsuit, ruling that the spill constituted a single completed act with a 2014 start date.
Ms. Abasiemediong Etuk, Mobil’s attorney, argued at the heart of the ruling that the court should make a distinction between a continuing injury and the continuing consequence of an injury. According to her, persistent harm necessitates repeated misconduct, which was absent in this instance.
“While the effects of the spill might persist, the cause of action remains fixed to the date the spill occurred,” Etuk argued, noting that because the alleged wrongful act was completed in 2014, the exception of continuing injury did not apply.
The judge concurred, declaring that the claimed spill was a finished act with lingering effects rather than an ongoing one. The 2026 filing was therefore statute-barred since the statute of limitations began on the date of the incident.
By isolating the act from its long-term effects, the court has raised the bar for future oil spill lawsuits attempting to rely on the continuing harm theory.
