Thread by @Lugard_Tareotu

I think I really have no talents. I can hardly do anything with my hands. But you see this my mind? God created it specially. I over think, analyse, critique things till they add up. Ideas also drop in a very cerebral and inspirational fashion. New judicial decision alert. Thread

Then I have my mouth. My brain, to think and my mouth, to speak/argue. My only tools. My only talents. So there were these set of cases I was assigned to handle at my firm. My firm does a lot of oil spillage and energy litigation, defending oil companies. That is my area too

Some Plaintiffs had sued my client for 'damages' arising out of a major oil spillage that affected some communities in Rivers State. Counsel for the Plaintiffs was a Senior Advocate of Nigeria. My firm sent me to conduct the defence against this SAN. Big cases. High Stakes.

So we commenced trial. They fielded their witnesses and I did mine. The SAN who had been overconfident about his chances of success and had underestimated me (as he was meeting me for the first time) suffered a rude shock after I cross examined his witness.

It is at the point of cross examination (and Pleadings) that you begin to have an idea where the case is going. You kill the witness at cross, your objective is to impeach his testimony and put your case theory on the record. In the end, the Court is only guided by its records

So after cross, for the first time, the SAN was worried. He walked up to me, shook my hand and said 'Well done. Let us just try, anyhow the Court decides, we will take it like that". I think it dawned on him that, with what I had put on record by my cross, the case was lost.

After trial, it was time for Final Address (Arguments). I say this humbly, at my firm, we write amongst the most beautiful and convincing arguments in this Country. Our research is crazy. We even analyse the thinking and psychology of the judges and argue accordingly. Its an Art

Now recall that it was a claim for damages in millions of Naira. I repeat, 'Damages'. We are so familiar with this term. It is a common law mechanism for the award of compensation. And all claims for damage suffered as a result of an oil spillage has been for damages

At least since Nigeria found oil, all oil spillage claims have been for Damages. However, following research and deep thinking we found something new and novel. I must give credit to Aluko & Oyebode, because, Tonye Krukrubo, a Partner at that Firm might have been the first person

To make this argument in Nigeria. There is one decision though by a High Court in England on the point. I just might be only the second person in Nigeria to make this argument. And the Courts agreed with both Mr. Krukrubo and I. What is this argument?

Recall that oil spillages have been brought under the toxic torts of Nuisance and Negligence since the advent of oil in Nigeria. It takes a lot of hardwork, luck and God's blessing to break and change close to 50 years of judicial reasoning and precedent.

Whilst Nigerian lawyers have fought oil spillages under the Common Law of Torts, Nigeria has a statute, the Oil Pipelines Act, which deals with every spillage of oil from a pipeline and the procedure for claiming Compensation. And you can only claim 'Compensation', not 'Damages'

So in the face of and presence of a Nigerian Statute on a subject matter, what would be the fate of common law principles on the same subject matter? The common law will be ousted and the Statute will take precedence. That is the law. Statute will kick common law out the window

So I argued before the Federal High Court, and perhaps only the second lawyer to so argue in Nigeria, that claims for damages arising out of an oil spillage must fail. Common law torts of Nuisance and Negligence were ousted and did not apply in the face of the Oil Pipelines Act

Because the Oil Pipelines Act is Nigeria's exclusive and strict regime for pursuing oil spillage compensation. Every claim brought outside the Act must fail. Opposing Counsel was shocked, never heard this sort of argument. Entire Court was shocked and looked stunned.

Brilliant Judge. She followed my argument and got the point. Knew where I was going with it. After serious back and forth argument, the Court in its Judgment agreed with me and struck out the suit. Judge commended me for the fine argument. See below excerpts from the Judgment

This Judgment, together with NAOC v. Onyemachi Ogbu changes over 50 years of judicial precedent on oil spillage claims for damages.