Shell Divestment Suit: Federal High Court Adjourns Case to May 6 Over AGF’s Absence
The Federal High Court sitting in Yenagoa on Wednesday adjourned hearing in a suit challenging Shell’s divestment from onshore and shallow water assets, following the absence of legal representatives from the Office of the Attorney‑General of the Federation (AGF).
The matter, Suit No. FHC/YNG/CS/81/2025, was instituted by King Bubaraiye Dakolo, the traditional ruler of Ekpetiama in Bayelsa State, who contends that Shell UK Plc’s divestment failed to comply with the provisions of the Petroleum Industry Act (PIA) 2021. The suit also seeks remediation for alleged cumulative pollution of his domain spanning four decades.
Defendants include Shell Petroleum Development Company of Nigeria Ltd (SPDC), Shell Petroleum N.V, Shell UK Plc, the AGF, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), the Minister of Petroleum Resources, and Renaissance Energy Africa Ltd — the consortium that acquired the divested assets in March 2025.
At the hearing, counsel to Shell UK Plc, Mr. J.P. Kudo, informed the court that the AGF’s counsel had requested adjournment, citing engagement at the Court of Appeal. Plaintiff’s counsel, Mr. Chuks Uguru, strongly opposed the request, urging the court to proceed with Shell’s pending preliminary objection. He argued that Nigerian jurisprudence has evolved beyond delay tactics and technicalities that frustrate access to justice for indigent communities.
Justice Ayo Emmanuel, however, granted the adjournment, fixing May 6 for hearing of the preliminary objection.
The case has drawn support from environmental justice groups, including Social Action and Health of Mother Earth Foundation (HOMEF), who are assisting the Ekpetiama community in pursuing legal redress.
Speaking after the adjournment, Dr. Prince Edegbuo, Resource Justice Manager at Social Action, described the AGF’s absence as a deliberate delay tactic, lamenting that the office could not assign counsel despite its large pool of lawyers.
