Niger Delta - Shell, ELF Want Ecowas Court Suit Dismissed

Mon. October 19, 2009; Posted: 10:49 AM

Lagos, Oct 19, 2009 (Daily Independent/All Africa Global Media via COMTEX) -- RD | Quote | Chart | News | PowerRating -- Shell Petroleum Development Company (SPDC) and Elf Petroleum Nigeria Ltd have asked the ECOWAS Community Court of Justice in Abuja to dismiss a suit instituted against the oil companies by the Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP). The group is saving over pollution and associated human rights violations in the Niger Delta.

Other defendants in the suit - President Umaru Yar'Adua, the Attorney General of the Federation, Michael Aondoakaa (SAN), the Nigerian National Petroleum Corporation (NNPC), Agip Nigeria Plc Chevron Oil Nigeria PLC Total Nigeria Plc and Exxonmobil Corporation - however, have not filed objection to the suit.

In the Suit No ECW/CCJ/APP/08/09, dated July 25 2009, and filed by Solicitor to SERAP, Femi Falana, the group alleged violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment and to economic and social development - as a consequence of the impact of oil-related pollution and environmental damage on agriculture and fisheries oil spills and waste materials polluting water used for drinking and other domestic purposes failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.

But in separate preliminary objections filed before the Community Court of Justice in Abuja both SPDC and ELF are asking the court to dismiss the suit with substantial costs.

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