Interlocutory Appeal: Counsel to Nembe Kingdom berates Aiteo for resorting to technicalities to evade environmental justice

BY SPECIAL CORRESPONDENT

Counsel to the Opu Nembe Kingdom, Barrister Chigozie Inwere, has berated the use of technicalities like frivolous interlocutory appeals to delay the dispensation of justice while substantive cases remained pending.

The Nembe Kingdom in Nembe and Brass Local Government Areas in Bayelsa is seeking legal redress for pollution occasioned by oil spills from Oil Mining Lease (OML) 29 in 2019 and 2020 to the tune of over N122 billion.

OML 29 is operated by Nembe Exploration and Production Ltd, formerly Aiteo Eastern Exploration and Production Company Ltd.

The plaintiff had in its originating summons made a typographical error in the spelling of the oil firm’s name in the suit and Aiteo filed a motion for preliminary objection urging the court to dismiss the case on grounds of the error.

The trial judge dismissed the motion and held that it cannot dismiss the substantive case on grounds of typographical error and subsequently granted a motion for the plaintiffs to correct the error.

Aiteo subsequently filed an interlocutory appeal at the Port Harcourt Division of the Court of Appeal to challenge the decision of the trial court.

The plaintiff’s counsel described the appeal filed by Aiteo Eastern and Exploration Company against the ruling of the Federal High Court in Yenagoa as another critical phase in the kingdom’s ongoing pursuit of environmental justice over alleged oil spill incidents in the kingdom.

Reacting to the appeal, Inwere, who stood in for lead counsel Iniruo Wills, said the substantive environmental issues before the court must not be overshadowed by procedural contests and technicalities.

“These repeated incidents show a pattern of evading operational failure and environmental neglect. Communities have suffered years of pollution, loss of livelihoods, and delayed justice. The courts must ensure that substance prevails over technical delays, and that accountability is finally achieved,” he noted.

The trial court had also affirmed that environmental justice claims arising from alleged oil pollution could not be defeated by technical irregularities and subsequently granted an application correcting the corporate identity of the defendant in the suit.

Inwere explained that he matter of preliminary objection is now before the Court of Appeal as Aiteo seeks to overturn the ruling of the lower court and potentially suspend further proceedings in the substantive case.

Meanwhile, the main suit remains pending before the Federal High Court in Yenagoa and is scheduled for hearing on June 15, 2026.