EXXON MOBIL CORPORATION 5959 LAS CONILAS BOULEVARD IRVING TEXAS UNITED STATES OF AMERICA v. HRH OBONG (DR.) EFFIONG B. ARCHIANGA (JP) & ORS

…………………….A…………………….

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgement): The 1st to 10th Respondents herein by a writ of summons filed at the Federal High Court, Abuja on the 3rd of February, 2012, claimed against the 11th and 12th Respondents as well as the Appellant jointly the following reliefs: –
a. A declaration that the corporate structure of the 2nd defendant is such that it did not and cannot accept or discharge its corporate responsibilities in torts and contractual obligations to the magnitude of the volume of business exposures it engages in, should the plaintiff claim succeed.
b. A declaration that in view of the 3rd defendant’s declaration at the Securities and Exchange Commission of the United States of America afore pleaded, the 3rd defendant is estopped from denying its 100% ownership, and a fortiori, responsibility for all the torts and contractual obligations no matter howsoever described and arising from the 2nd defendant’s dealings in Nigeria.
c. An order compelling the 3rd defendant to file a rectification in the Corporate Affairs Commission of Nigeria clearly accepting full responsibility for the ownership and activities of the 2nd defendant in the plaintiffs’ territories and Nigeria.
d. An order declaring a nullity all transactions, rights and obligations entered in Nigeria by the 2nd defendant beyond the corporate liability of its shareholders as a corporate body whose shareholders liability is declared unlimited, these include all oil concessions, production facilities and accruable revenue derived therefrom.
e. A consequential order declaring the 1st defendant as the sole owner of the oil concessions, oil blocks, assets and finances arising from the purported joint venture operations or production sharing contracts entered into by or through the 2nd defendant over above its share capital or the liability of its shareholders afore pleaded, and a fortiori, that the 1st defendant shall assume full responsibility to pay the damages claimed in this suit which is more than five hundred times in excess of the share capital of the 2nd defendant or ultimate liability of its two shareholders.
f. A declaration that the 3rd defendant is bound to accept 100% responsibilities for its joint venture related torts and contractual liabilities given the structure and under capitalization of its subsidiary, the 2nd defendant.
g. An order setting aside all previous denials on oath or pleadings of the 3rd defendant, regarding its vicarious liability for the activities of the 2nd defendant in Nigeria.
h. SPECIAL DAMAGES as annotated in items i, ii, and iii under the head summary of values in the Plaintiffs Chartered Valuer’s Report N29,112,157,500.00.
i. DAMAGES FOR INTANGIBLE LOSSES as itemized under items (iv), (v) and (vi) under the head SUMMARY OF VALUES in the Plaintiffs’ Chartered Valuer’s Report N42,813,000,000.00.
j. GENERAL DAMAGES – N28,074,842,500.00 TOTAL – N100,000,000.00 (USD$ equivalent $66,666,666.6 @ N150 to USD1.0).
k. INJUNCTION restraining the defendants, by themselves, their agents or contractors from continuing or repeating the Oil Spills or Gas Flaring giving rise to these nuisances.
l. An order of mandamus directing the 1st defendant to discharge its duties by ensuring that their joint venture operators do clean up, detoxify and rehabilitate the plaintiffs’ lands ecosystem, underground waters and air quality.