CaseLaw
SPDC V. John (2010) CLR 6(m) (CA)
Judgement delivered on June 10th 2010
Brief
Facts
This appeal arose from the judgment of Hon. Mr. Justice J.T. Tsoho, Federal Judge, delivered on 17th November, 2005 at the Umuahia Division of the Federal High Court. The judgment was in the combined sum of N549,187,568:00 and N 1,300.000.000.00 representing special and assessed general damages respectively.
The plaintiffs on record (herein respondents) brought this action at the Federal High Court Umuahia by a writ taken out in a representative capacity for themselves and on behalf of the Umuorie Community in Asa, Ukwa South Local Government Area of Abia State.
The main thrust of their action was for compensation for crude Hydrocarbon Oil, Toxic effluent and production water discharge into their communal lands, and swamps, blockade of their seasonal swamps used for farming and fish husbandry from raised access road, heat radiation and acid rain arising sequel to continuous g. flaring and consequential evaporation of Toxic production water into the atmosphere, causing ecological damage.
It is the plaintiffs’ case that these species of strict liability tort arose from the defendants activities in their homestead where the defendant drilled and produce oil from 8 Nos. Oil Wells. The defendants built a long access road to their various oil wells raised some 1.3 meters above the ordinary ground level; thus effectively blocking and stagnating water on either side of the adjoining lands by the artificial dam of an access road. It is also the plaintiffs case that the defendant established a large toxic production water containment area with crude oil presence surrounded by a "Bund Wall" which collapses periodically. It is in this receptacle that effluent toxic waste production water is pumped into from the defendants flow stat. which adjoins it. A flow station is a gathering center where crude oil from various oil wells bleeding from the bowels of mother earth is received. The Toxic Water and Hydrocarbon Gas (Natural Gas) contents are separated at this facility. This water is pumped into the bund walled area while the gas is burnt in a hellish inferno.
It is the plaintiff case that the burning of the gas is done by what is called a "Flare Stack" which comprises a huge diameter pipe ignited at the tip with a resultant 100 or more feet flame and billowing smoke. The plaintiffs showed that the defendants constructed this blast furnace horizontally near ground level over the bund wall areas to achieve a constant evaporation of the Toxic water and burn carry over crude oil therein into the earthly marine, human and animal atmospheric levels. The plaintiffs further showed that the vapours condense and with the prevalent rain forest climate these substances are washed down to mother earth, into the vegetation, fish ponds, drinking underground water wells, rooftops, crop and animal food chain. Hence the claim for environmental degradation.
The defendant in turn denied liability and indeed positive challenged the plaintiffs to prove their case. The defendant went further to allege that they had commissioned scientists from the University of Calabar who produced a report showing that their operations in the plaintiff's Community could not have occasioned the damage complained against. They pleaded this report and positively averred that they will rely on it at the trial. Regrettably, defendant failed to produce it, or at least call one of the Calabar University Scientists.
The matter went on to trial and both sides called witnesses who were cross-examined.
After the final addresses by counsel but before judgment, the respondents sought the leave of the trial court to amend their statement of claim to bring the pleadings in line with the evidence already adduced before the court. The trial court granted the amendment sought.
The trial Court having evaluated the evidence and made findings of fact entered judgment for the respondents by awarding them special and general damages.
Aggrieved by the judgment, the appellant appealed to the Court of Appeal.