Justice E.G. Omokuro of a Bayelsa State High Court, Sagbama Division, has restrained a British lawyer, Mr Martyn Day, from representing 7,400 residents of Bodo Community of Rivers state in an oil spill compensation suit filed against the Shell Petroleum Development Company of Nigeria Limited.
The judge gave the order while ruling on a Motion Exparte brought before the court against the Briton by a Nigerian lawyer, Mr Affinih Peter Egbegi and his law firm, A.P Egbegi and Co.
Delivering the ruling, the judge said:”An interim injunction is further granted restraining the defendant (Day) whether by himself or otherwise from interfering with 7,400 clients of the claimant resident in Bodo Community of Nigeria who had donated and executed irrevocable power of attorney on the claimant (Egbegi) to represent their interest in respect of losses suffered as a result of 24 Trans-Niger Operational Spills in 2008, pending the determination of the Motion on Notice filed in the suit.”
Omokuro also granted the claimant leave to serve the Writ of Summons, Statement of Claims, Written Statement and all other court processes on Day at his London address.
The judge also ordered that the said court processes could be served on the defendant through DHL Courier or any other expected mail delivery outfit in Nigeria and that such service upon proof shall be deemed good service.
He consequently fixed the hearing of the Motion on Notice on October 29, and directed that both parties in the suit are to make their respective appearances.
In his statement of claims, Egbegi asked the court for a declaration that the power of attorney vested in him by his 7,400 clients in the community is irrevocable.
Egbegi also asked for” a declaration that the defendant, not being a legal practitioner within the meaning and provision of the Legal Practitioners Act Cap L11, Laws of the Federation of Nigeria 2004, is not entitled to receive clients anywhere in Nigeria or purport to act for them in any matter at all in Nigeria.”
He asked the court to declare all actions hitherto taken by the defendant on behalf of the claimant’s 7,400 clients as null and void.
The claimant further asked for a declaration that the defendant and his agents are liable for prosecution under the provisions of the Legal Practitioners Act and the Immigration Act.
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