1 IN THE HIGH COURT OF JUSTICE CLAIM NO ... - Platform

11. Oil pipelines operated by the Defendant traverse the Claimant’s land, creek andwaterways. The said pipelines transport oil to the Bonny Crude Oil ExportTerminal on Bonny Island (“the Bonny terminal”) which is operated by theDefendant. In particular, the 24″ and 28″ Bomu-Bonny pipeline, a twin Trans-Niger trunkline, crosses the Gokana Local Government Area (“the pipeline”).The said pipeline connects to the Bomu manifold at K-Dere and the Bodo Westflow station which is located in the Bodo creek and further links to the Bonnyterminal.12. Prior to 28 August 2008 the Claimant avers that whilst the creek had sufferedfrom a small number of minor oil spills from neighbouring communities, anyresulting pollution was not significant and the creeks were environmentallysound. In particular, the Claimant relies upon ecological surveys which wereconducted from 2005 to 2008 by Dr Onwugbuta, Dr Zabbey and Dr Erondu ofthe Department of Animal Science and Fisheries, University of Port Harcourt,Dr Wolff of the Department of Marine Benthic Ecology and Evolution,University of Groningen, the Netherlands and Dr Malaquias of the University ofBegen, Norway 1 . The baseline data obtained by the said ecological studiesdemonstrated that the Bodo creek was rich in fauna and essentially free ofhydrocarbons prior to the said oil spills. The studies findings included:12.1 The Bodo creek had not experienced any oil spills since 1986 otherthan a minor spill in 2003 from a neighbouring community;12.2 The Dor Nwezor channel had no physical trace of oil and did not showany detectable signs of chronic oil contamination;1 Water quality of Bodo Creek in the lower Niger Delta basin, American-Eurasion Network for ScientificInformation [2008]; Population structure, biomass and production of the West African lucinid KeletistesRhioecus in Sivibilagbara swamp at Bodo Creek, Nigeria, Hydrobiologia [2010] 654; Epifauna diversityand ecology on intertidal flats in the tropical Niger Delta, Journal of Marine Biological Association of theUnited Kingdom [2011]; Community ecology of intertidal macrozoobenthos at Bodo Creek, Nigeria,Department of Animal and Environmental Biology, University of Port Harcourt, Nigeria. Copies of theseacademic studies have been provided to the Defendant as part of pre-action disclosure.5