Eko Atlantic City Dredging Suit: Court Reserves May 8 for Closing Arguments

The Federal High Court sitting in Lagos will, on May 8, 2024, listen to the closing arguments in a case seeking to declare as illegal the ongoing dredging and land reclamation operations of Dredging Environmental Marine and Engineer N.V. employed by Gilbert and Ronald Chagoury in the Kuramo Waters of Victoria Island. This area has been designated by the Chagoury brothers, under the Eko Atlantic Phases II-VI.

The Plaintiff in the suit, in addition to seeking damages for negligent dredging damage and devaluation to property, is also seeking a restoration of the Kuramo Waters to its original condition under the court's supervision. The claims are based on the negligent dredging causing physical and economic damage to property, as well as damage to the marine environment. The environmental part of the claim, is based on the paramount importance of the Kuramo Waters as a natural overflow and drain to-the Atlantic Ocean of Five Cowrie Creek and Victoria Island respectively, during the rainy season and when severe flooding occurs. The ongoing dredging operations are aimed at sealing up the Kuramo Waters, in a bid to create even more land for the Chagoury brothers' Eko Atlantic project. The claim by the Plaintiff is that the consequences of these phases of land reclamation will eradicate the efficacy of the Kuramo Waters, a body of water without which Victoria Island will become subjected to heavy floods and gradually go under water.

Expert evidence from an internationally renowned Oceanographer based in Washington have been adduced in the suit, to the effect that the Kuramo Waters has existed as a natural body of water serving Victoria Island as long as Lagos has existed. The consequences of the ongoing dredging which has been intensified by the Belgian dredger owners since June 2023 to date, is to destroy property values, investments and livelihoods of Nigerian nationals along the Kuramo waters shoreline and beyond, especially now, at a time of economic hardship in the country. The suit number is FHC/L/ CS/1329/2015, Mondinvest Limited v M.V. Breughel 2. Master of the M. V. Breughel 3. Dredging Environmental Marine Engineering N.V. (Belgium) and claims damages for negligent, unlawful and illegal dredging by the Defendants, a globally recognised dredger operator.

At the resumed sitting on Tuesday, February 20, 2024, the Plaintiff's counsel, Mr Olumide Aju, SAN, concluded his crossexamination of the defence Expert witness, Prof Lucian Chukwu. Upon the completion of the cross-examination, the presiding Judge, Honourable Justìce Daniel Emeka Osiagor then went on to reserve May 8, 2024, for the closing arguments. It will be remembered that Mondinvest Limited, the Plaintiff, has been in court for over 8 years with Defendants.

In earlier proceedings before Justice Jude Dagat of the Federal High Court, Lagos who was previously adjudicating the matter, Honourable Justìce Dagat in a judgement in March 2016, had refused an application for the suit's dismissal filed by the dredger's owners. He held that the Plaintiff, Mondinvest Limited, had a good cause of action against the dredger owners.