Lucius Nwosu: Tribute to a Dogged, Selfless Environmental Lawyer
Tribute
Alex Enumah
He got here. He noticed. He conquered. These phrases are a befitting epitaph for the authorized luminary and environmentalist Lucius Ezeakammadu Nwosu (SAN). He introduced many joys to Niger Delta communities. However for the late Nwosu, many communities within the Niger Delta would have been worn out by environmental degradation occasioned by oil corporations’ operations.
The late Nwosu was a uncommon gem. He championed environmental causes even to his private cross. Having a father who labored for Shell Petroleum Improvement Firm and one who himself labored with the oil large whereas as a secondary college pupil, one would have anticipated that the fiery lawyer would have, upon commencement from college, sought a juicy place in any of the key oil corporations however, somewhat selected to be on the opposite aspect in different to struggle the rising concern of environmental and oil air pollution within the Niger Delta area.
Though the sunshine could also be mentioned to have dimmed for one in every of Nigeria’s revered environmental rights legal professionals and philanthropists, little doubt the late senior lawyer left his marks on the sand of instances.
He hailed from Udo Ezihinitte Mbaise Native Authorities Space of Imo State. He attended St. Nicholas Major Faculty, Oro-Evo, Woji, Port Harcourt, Rivers State from 1958 to 1961, All Saints Major Faculty, Udo, Ezinihitte Mbaise from 1962 to 1963, Mater Miseri Cordae Major Faculty, Rumoamasi, Obio-Akpor, Port Harcourt, Rivers State from 1964 to 1965. He was additionally at Our Woman Lourdes Secondary Faculty, Ozuoba, Port Harcourt, Birabi Memorial Grammar Faculty, Bori-Ogoni, from 1966 to 1967 and Authorities Faculty Umuahia, Abia State.
Barrister Nwosu started working whereas he was a secondary college pupil, employed as a contract workers within the Land and Authorized Division of the Shell British Petroleum Firm of Nigeria Restricted in 1973 and within the Hydrocarbon Division of the Federal Ministry of Mines and Energy, Port Harcourt from October 1975 to September 1976.
After secondary college, he engaged in private research. He obtained his GCE ‘A’ Degree and proceeded to the College of Nigeria, Enugu Campus, the place he studied regulation from 1976 to 1980. He did his regulation college programme on the Nigerian Regulation college Victoria Island, Lagos. He was known as to the Nigerian Bar in July 1981.
After qualifying as a lawyer, Nwosu commenced his authorized apply as a member of the Nationwide Youth Service Corps (NYSC) within the regulation agency of D. A Akintoye & Co, Ilorin, Kwara State from 1981 to 1982. From August 1982 to 1986, he delved into rigorous authorized apply, beginning as a junior counsel at Sotonye-Denton West & Co. In August 1986, he established the regulation agency of Lucius E. Nwosu & Companions with the agency’s vary of apply and experience spanning tortuous hydrocarbon environmental regulation, chapter, conversion of landed hereditaments, oil and gasoline regulation, power, company regulation and actual property.
Like all Port Harcourt boy, Nwosu liked the town however was enraged by the misfortune that oil delivered to his beginning’s in any other case “backyard metropolis” of his beginning. To his chagrin, there have been no gardens left in Port Harcourt; as a substitute, soothing now falls from the skies on all the things from its polluted setting. Proximity to this environmental anomaly and tragedy compelled Lucius Nwosu to behave somewhat than flee. From then on, he devoted his authorized thoughts to combating for environmental justice for the helpless individuals of the oil-rich Niger Delta.
Barrister Nwosu was married to Dr. (Mrs.) Chinelo J. Nwosu and the union is blessed with 5 kids. His hobbies included boating and travelling.
As one in every of Nigeria’s foremost environmental regulation specialists and practitioners, Nwosu utilized his brilliance, doggedness, perseverance, and selflessness to supply wonderful authorized companies to his varied shoppers, significantly the Niger-Delta communities. He waged many battles towards environmental degradation and air pollution, battles via which he usually obtained reprieve for communities within the oil-producing areas of Nigeria.
Characteristically he usually labored for these communities on a contingency foundation. He disliked putting a burden on his shoppers by demanding skilled charges earlier than rendering his excellent skilled companies. Amongst his exceptional circumstances to his credit score have been the SPDC vs Farah (1995)3 NWLR Pt.382, the place he contributed considerably to jurisprudence within the space of heads of declare in compensation issues; and consolidated go well with quantity FHC/PH/CS/84 & 85/94: Chief T. Edamkue vs SPDC, through which he contributed considerably to jurisprudence within the space of consultant actions and heads of declare in compensation issues recovered damages in torts arising from the spillage of crude hydrocarbon from the polluter for the Duboro and the Baen communities of Ogoni land. The choice of the Federal Excessive Court docket was upheld by the Supreme Court docket and reported as SPDC vs Edamkue (2009) LPELR- 3048(SC).
There have been additionally the consolidated go well with numbers FHC/CA/CS/30/98 and FHC/CA/31/98: Chief (Hon.) Simeon Monokpo & ANOR vs Mobil Producing Nigeria Limitless & ANOR, the place he contributed considerably to jurisprudence in trial proceedings in Civil Litigation and recovered damages in torts arising from the spillage of crude hydrocarbon from the polluter for his Ogoni and Ikot Abasi Purchasers. The choice of the Federal Excessive Court docket was appealed to the Supreme Court docket (SC/20/2001), the place the apex courtroom ordered a trial de novo. The fits (subsequently renumbered as FHC/UY/CS/57 & 58/2004) have been settled out of courtroom because the polluter most popular to not face Nwosu in a contemporary trial.
There was additionally go well with quantity FHC/PH/CS/248/98 – His Majesty, Chief (Dr.) Alfred Papapreye Diete-Spiff & 7 ORS vs Mobil Producing Nigeria Limitless & Mobil Incorporation of USA, the place he obtained a judgment from the Federal Excessive Court docket and finally recovered damages in torts arising from the spillage of crude hydrocarbon from the polluter for the peoples of Twon Brass in Brass Native Authorities Space of Bayelsa State.
There many different important circumstances he received.
Listing of Important Instances Gained by Lucius Ezeakammadu Nwosu (SAN)
1. Go well with No. FHC/PH/CS/354/98: HIS ROYAL HIGHNESS, SOE ARONG & 16 ORS. vs. MOBIL PRODUCING NIGERIA UNLIMITED & MOBIL INCORPORATION OF USA the place he additionally obtained Judgment from the Federal Excessive Court docket and finally recovered damages in torts arising from the spillage of crude hydrocarbon from the polluter for the individuals of Andoni/Ngo Clan of Rivers State.
2. Go well with No. FHC/PH/CS/353/98: CHIEF M. O. JACK WILSON PEPPLE & 3 ORS vs. MOBIL PRODUCING NIGERIA UNLIMITED & MOBIL INCORPORATION OF USA for the place he obtained Judgment from the Federal Excessive Court docket and finally recovered damages in torts arising from the spillage of crude hydrocarbon from the polluter for the Amanyanabo of Bonny in Council, Chiefs, Elders and folks of Bonny Kingdom of Rivers State.
3. Go well with No. FHC/PH/CP/11/2000 – SIR KOLOINDI ANISO & ORS. (for themselves and on behalf of the whole individuals of Odi Group within the Kolokuma/Opokuma LGA of Bayelsa State) vs. THE PRESIDENT AND COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE FEDERAL REPUBLIC OF NIGERIA & 3 ORS. Right here Lucius E. Nwosu, SAN main his realized brothers, R. A. Lawal-Rabanna, SAN and I. A. Adedipe, SAN recovered compensation from the Federal Authorities for the Odi neighborhood who have been massacred and their neighborhood destroyed following army operations focused at “militants”.
4. Go well with No: PHC/1950/2007: DAGOGO WILLIAM BROWN & ORS. vs. SPDC the place Lucius represented the Chiefs, Elders and full members of Buoye Omuso Brown Main Home of Finima and on behalf of His Majesty, King Edward Asimini William Dappa-Pepple, (perekule XI) The Amanyanabo of Grand Bonny, The Bonny Chiefs Council, Elders and the whole peoples of Grand Bonny and efficiently received Judgment from the Rivers State Excessive Court docket setting apart a Certificates of Occupancy illegally obtained by Shell over a bit of the Bonny land which they’ve been utilizing for his or her Oil Terminal operations. Shell’s Appeals from this resolution via the Court docket of Appeals proper as much as the Supreme Court docket have been dismissed and possession of the mentioned land reverted to the respective Bonny individuals.
5. Go well with No. PHC/1198/2005: SPDC VS. AMADI. On this case, Lucius E. Nwosu, SAN additionally received Judgment from the Rivers State Excessive Court docket setting apart a Certificates of Occupancy illegally obtained by Shell over a bit of the Rumucheta and Rumukwurukuru Households of Mbgesilaru City, Okporo, Port Harcourt land which Shell makes use of for his or her Residential Space alongside Aba street, Port Harcourt. Shell’s Appeals from this resolution via the Court docket of Appeals proper as much as the Supreme Court docket have been dismissed and possession of the mentioned lands reverted to the Rumucheta and Rumukwurukuru Households of Mbgesilaru City, Okporo, Port Harcourt.
6. Go well with No. PHC/321/2006: PRINCE RAY ELEWA & ANOR. VS SPDC. Right here Lucius equally received Judgment from the Rivers State Excessive Court docket setting apart a Certificates of Occupancy illegally obtained by Shell over a bit of the Rumuibekwe Household land which Shell makes use of for his or her Residential Space alongside Aba Street, Port Harcourt. Shell’s Appeals from this resolution via the Courts have been dismissed and possession of the mentioned land reverted to the Rumuibekwe individuals.
7. Go well with No. FHC/PH/CS/434 /2012: HRH SIR (DR.) BENSON MH EGWENRE, JP (ORUK XV) VS. SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED & SHELL INTERNATIONAL EXPLORATION AND PRODUCTION BV.
On this go well with, Lucius efficiently represented the Ataba Group within the Andoni Native Authorities Space of Rivers State on the Federal Excessive Court docket, obtained Judgment towards Shell and her mother or father corporations whereupon they opted to have the matter settled and the Plaintiff’s setting which they polluted, cleaned-up.
8. Go well with No. FHC/PH/CS/435/2012: CHIEF PATRICK POROBUNU & ORS. vs. SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED & SHELL INTERNATIONAL EXPLORATION AND PRODUCTION BV. On this go well with, Lucius efficiently represented the members of the Gan Zorkpa Kindred of Tekuru Island, Bodo in Gokana Native Authorities Space, Rivers State on the Federal Excessive Court docket, obtained Judgment towards Shell and her mother or father corporations whereupon they opted to have the matter settled and the Plaintiff’s setting which they polluted, cleaned-up.
9. Go well with No. FHCAB/CS/774/2011: FEDERAL INLAND REVENUE vs. NNPC & 4 Ors. On this go well with, Lucius efficiently represented the Federal Inland Income Service and Nigeria as an entire, the place the Worldwide Oil Firms (IOC) sought via unconstitutional international Arbitrations, reliefs to “Cease NNPC from Lifting its Share of Oil from Nigeria’s wells until the IOCs had lifted sufficient Oil to cowl unsanctioned again taxes, and a mixed declare of Ten Billion Eighty 5 Million United States {Dollars} ( $10.85 Billion USD).”
10. Go well with No: FHC/PH/CS/231/2001: CHIEF ISAAC OSARO AGBARA & ORS. vs. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED & ORS. – The Ejama individuals’s claims for environmental air pollution and remediation on this go well with lasted for 30 years in varied Courts in Nigeria together with 4 Appeals to the Supreme Court docket by Shell and her mother or father corporations. Lucius succeeded in acquiring compensation for the Ejama individuals in 2021 following the 2010 Judgment of the Federal Excessive Court docket of their favour. This go well with additional demonstrated his long-staying skills within the conduct of circumstances.
11. Go well with No: FHC/ABJ/CS/54/2012: HRH OBONG (DR.) EFFIONG B. ARCHIANGA (JP) & 9 ORS. vs NIGERIAN NATIONAL PETROLEUM CORPORATION & 2 ORS. – Right here, Lucius obtained the Judgment of the Federal Excessive Court docket on the go well with of the Ibeno Clan in Ibeno Native Authorities Space of Akwa Ibom State individuals for the colossal crude hydrocarbon spills from Mobil’s amenities which devastated their homestead. The matter is on Enchantment.
