The East African Court of Justice (EACJ) witnessed a tense legal battle as four East African civil society organizations (CSOs) appealed a prior ruling on the East African Crude Oil Pipeline (EACOP).
The CSOs seeking to halt of the controversial oil project over environmental and human rights concerns challenged a judgment by the First Instance Division of the EACJ which had dismissed their case on procedural grounds.
The case was heard by a panel of five judges including Justice Nestor Kayobera, Justice Kathurima M’Inoti,Justice Anita Mugeni, Justice Barishaki Bonny Cheborion and Justice Omar Othman Makungu.
The appellants represented by legal teams from Uganda, Kenya, and Tanzania argued that the First Instance Court wrongfully dismissed their case citing time-barred technicalities despite the presence of substantial evidence.
Dr. David Kabanda, one of the CSOs’ lawyers passionately argued that the dismissal of the case was flawed.
“We came here because the First Instance Court ruled that our case was time-barred yet the evidence shows that key EACOP agreements were signed in October 2020 and we filed within the required timeframe,” he stated.
Another legal representative Mr. Justin Ssemuyaba, emphasized that preliminary objections should not override the merit of the case.
“This case is a matter of public interest. The court examined evidence before dismissing the suit, which should not have happened at the preliminary stage.”
The CSOs further contested the court’s decision to impose legal costs on them arguing that such financial burdens could discourage public interest litigation.
“Awarding costs to Uganda, Tanzania, and the EAC Secretary General sends a chilling message to East Africans who seek justice,” said Dr. Rugemeleza Nshala, another lawyer representing the appellants.
The EACOP project spearheaded by TotalEnergies and China National Offshore Oil Corporation (CNOOC) spans approximately 1,443 kilometers, transporting crude oil from Uganda’s Lake Albert region to Tanzania’s port of Tanga.
While hailed by some as a significant economic opportunity, the project has been widely criticized for its potential social and environmental impact including threats to biodiversity, water resources and the livelihoods of local communities.
Dickens Kamugisha, CEO of the Africa Institute for Energy Governance (AFIEGO), condemned the project’s lack of due diligence.
“By virtue of their vulnerability, African states should be leading climate action not investing in climate wrecking projects like EACOP. If we remain silent, we allow rich polluting nations to dictate our future.”
Following the hearing, the court announced that the ruling will be made on notice. If the appellate division finds that the First Instance Court erred in dismissing the case, the matter will be sent back to be heard on its merits.
As the legal battle rages on, the case has ignited heated debates on whether East African nations should prioritize economic development over environmental sustainability.
