OGUNTADE, JCA (Delivering the Leading Judgment): The applicant in this motion - Mobil Producing Nigeria Unlimited - had in suit No. FHC/L/CS/1456/99 before the Federal High Court, Lagos brought an originating summons against the respondents (as the defendants) asking for the determination of the following matters:-
“1. Whether the 2nd and/or 3rd defendants are by virtue of schedule II, Part 1, item 29 of the Constitution of the Federal Republic of Nigeria and S. 20, 21, 23 and 24 of the Federal Environmental Protection Act (FEPA) of 1988 the authorities with exclusive power to determine the liability of the plaintiff’s January 12, 1998 Idoho - QIT 24” Pipeline oil spill into interstate and/or territorial Waters of Nigeria, including the costs of any government body, agency or third parties in the form of reparation, restoration, restitution, compensation and/or damages.
2. Whether the findings and conclusions contained in the Plaintiff’s January 1998 Idoho - QIT 24” Pipeline Oil Spil…