Appeal court: NHRC lacks power to hear oil spillage, pollution complaints

The court of appeal in Abuja has ruled that the National Human Rights Commission (NHRC) lacks the jurisdiction to entertain complaints relating to oil spillage and pollution in Nigeria.

In a unanimous judgment delivered on Friday, Okon Abang, who read the lead judgment, held that only the federal high court is constitutionally empowered to adjudicate on matters concerning oil pollution and environmental degradation.

“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 under section 251(1) of the 1999 Constitution (as amended) is the federal high court,” Abang said.

“Certainly not the respondent (NHRC) under any guise.”

BACKGROUND

The case stemmed from a 2016 petition filed before the NHRC by the Akwa Ibom Oil Producing Community Development Network (AKIPCON) and the All Farmers Association of Nigeria, Akwa Ibom state chapter.

The petition accused oil companies operating in the state of harmful environmental practices and sought redress.

The Nigerian National Petroleum Company (NNPC) Limited challenged the NHRC’s authority to investigate the matter.

However, in a March 23, 2018, ruling, Binta Nyako, judge of the federal high court, upheld the commission’s powers to hear the complaint and issue relevant orders.

Dissatisfied, NNPC appealed the judgment in suit number CA/A/864/2018, arguing that the NHRC had no legal authority to handle oil spill matters.

Olurotimi Aju, NNPC’s lawyer, urged the court of appeal to prohibit and permanently restrain the NHRC’s special investigation panel from probing the allegations.

Citing precedent from Ikechukwu Opara & three others vs. Shell Petroleum Development Company of Nigeria Limited & five others, Aju contended that oil pollution is not a fundamental rights issue and falls outside the NHRC’s mandate.

COURT OF APPEAL RULING

In the ruling, Abang noted that under the constitution, only the federal high court has the judicial power to determine such disputes.

He stressed that the NHRC is not a court and cannot wield judicial powers under any guise, even where complainants attempt to frame environmental complaints as breaches of human rights.

“The federal high court does not share jurisdiction to entertain complaints regarding oil spillage or pollution with the NHRC or any authority,” the judge said.

He held that the lower court erred in refusing to prohibit the NHRC’s panel and should have granted the orders of prohibition and perpetual injunction sought by the NNPC.

The judge thereafter nullified the federal high court’s decision and issued an order restraining the NHRC and its panel from taking any further steps on the matter.