The Court of Appeal in Abuja, on Friday, prohibited the National Human Rights Commission (NHRC) from constituting a Special Panel of Investigation to entertain or determine complaints regarding alleged oil spillages and oil pollution in Nigeria.
This perpetual prohibition order was issued in a judgment delivered by Justice Okong Abang of the Court of Appeal, who upheld the appeal filed by the Nigerian National Petroleum Company (NNPC)’s lawyer, Olurotimi Aju Esq., against the NHRC.
The case was marked CA/A/864/2018.
The appellant, dissatisfied with the decision of the Federal High Court, Abuja Division—delivered by Justice Binta Nyako on March 23, 2018, which had affirmed NHRC’s powers to investigate and issue orders regarding oil spillage complaints—sought a reversal.
NNPC Appeals
The appellant approached the Court of Appeal, urging it to allow the appeal and set aside the judgment of the court below, made on March 23, 2018.
The lawyer asked the Court of Appeal to affirm its originating summons, which sought, among other things, the following:
“ORDERS OF PROHIBITION AND PERPETUAL INJUNCTION prohibiting and restraining the Special Panel of Investigation constituted by the Respondent from enquiring into and deliberating upon, or from continuing to enquire into and to deliberate upon, or from further enquiring into and deliberating upon, from compelling the attendance of the Applicant before it, from determining or from continuing to determine all or any questions, and/or from acting, howsoever, on the Complaints in respect of alleged oil spillages and oil pollution made against the Applicant in Complaint No: C/2016/320697-320704/HQ/2016: All Farmers Association of Nigeria, Akwa Ibom State Chapter & Ors v. Addax Petroleum Development (Nigeria) Limited.”
The lawyer argued that, in a previous case (Barr. Ikechukwu Opara & 3 Ors v. Shell Petroleum Development Company of Nigeria Limited & 5 Ors), the Court of Appeal held that oil pollution complaints are not issues of fundamental human rights and cannot be classified as such.
He contended the trial judge in the court below was required to follow this precedent and hold that the NHRC lacked jurisdiction to entertain complaints about oil spillage and oil pollution raised by the Oil Producing Communities of Akwa Ibom State and channeled through the Akwa Ibom Oil Producing Community Development Network (AKIPCON) and the All Farmers Association of Nigeria (Akwa Ibom Chapter), as these are not fundamental human rights issues.
“The Honourable presiding Judge, however, failed to follow the above precedent and instead held that the Respondent (NHRC) has the power to investigate the complaints to ascertain if the issues raised therein are within its jurisdiction.
“Adherence to the precedent set by higher courts is mandatory and does not involve an exercise of judicial discretion,” he added.
Appeal Court Judgment
Delivering the unanimous decision of the Appeal Court, Justice Abang stated regarding oil spillage;
“The only authority that has exclusive jurisdiction—indeed, jurisdiction not shared by any person or authority—to make enforceable orders regarding oil spillage and similar activities of oil pollution of the environment under section 251(1) of the 1999 Constitution (as amended) is the Federal High Court.”
“ Certainly, not the respondent (NHRC) under any guise.”
- The judge emphasized that judicial power under the 1999 Constitution is not vested in the National Human Rights Commission and its panels, but in the courts established by the Constitution.
- He held that the trial court ought to have granted the order of prohibition and perpetual injunction restraining the panel constituted by the NHRC from referring or compelling the appellant (NNPC) to appear before it over complaints of oil spillage and pollution.
“Under the 1999 Constitution, the Federal High Court does not share jurisdiction to entertain complaints regarding oil spillage or oil pollution of any environment with the National Human Rights Commission or any authority or persons,” he added.
- The judge stated that the NHRC ought to have directed complainants of oil spillage to the appropriate organ, rather than hiding under the cloak of an alleged breach of fundamental rights to “violently usurp the constitutional powers of the Federal High Court.”
- He agreed with the NNPC’s position that oil pollution is not a fundamental human rights issue and that it is beyond the NHRC’s powers to set up a special investigation panel with quasi-judicial (court-like) powers to inquire into such issues.
“It is incumbent on the court to observe the principle of judicial precedent. The lower court is bound by the decision of the superior court,” the judge said.
- As a result, Justice Abang allowed the NNPC’s appeal, nullified the decision of the trial court dated March 23, 2018, and set it aside.
He granted the order of prohibition against the NHRC.
