Aggah community, rights groups appeal Milan Court judgment in flooding case against Eni, Oando
The Egbema Voice of Freedom (EVF), Advocates for Community Alternatives (ACA) and Aggah community activist, Pastor Nicholas Evaristus Ukaonu, have appealed a judgment of the Ordinary Court of Milan that dismissed their environmental lawsuit against Eni S.p.A. and Oando Energy Resources Nigeria Ltd.
The appeal follows the April 9, 2026 ruling of the Italian court in a case arising from persistent flooding in Aggah community in Ogba/Egbema/Ndoni Local Government Area of Rivers State.
The claimants alleged that oil infrastructure built by the former Nigerian Agip Oil Company (NAOC), now Oando Energy Resources Nigeria Ltd., obstructed natural waterways and contributed to decades of flooding that have devastated farmlands, homes and livelihoods in the community.
Addressing journalists and stakeholders during a webinar reviewing the judgment, representatives of the community and civil society organisations expressed disappointment with the court’s decision and announced that an appeal had been filed before the Italian Court of Appeal.
According to the claimants, the case stemmed from a 2019 Terms of Settlement (ToS) reached through a mediation process facilitated by Italy’s Organisation for Economic Co-operation and Development (OECD) National Contact Point.
They said the agreement followed complaints filed by affected residents regarding perennial flooding allegedly linked to oil infrastructure in the area.
The community maintains that earthen embankments and access roads constructed by NAOC in the Mgbede oil field since the 1970s obstructed the natural flow of streams and effectively created barriers that worsen flooding during the rainy season.
The flooding, they said, has resulted in loss of lives, destruction of farmlands, contamination of water sources, environmental degradation and economic hardship for residents whose livelihoods depend largely on farming and fishing.
While the Milan Court affirmed its jurisdiction over overseas activities of Italian parent companies, it ruled that Eni and its former subsidiary had fulfilled their obligations under the 2019 settlement by constructing drainage channels and carrying out feasibility studies.
The court held that the agreement required the companies to undertake specified works but did not guarantee the complete elimination of flooding.
The judgment also dismissed claims for damages brought on behalf of affected residents, holding that EVF lacked the legal standing to seek compensation on behalf of nearly 1,900 community members.
In addition, the court ordered the claimants to pay more than €180,000 in legal costs.
Reacting to the judgment, Pastor Ukaonu described the cost award as punitive and unjust.
“How can the judge ask the oppressed to pay €180,000 to the oppressor who has taken our oil for more than 50 years and left us flooded for the same number of years and counting?
“This is a difficult moment for us as a community, but we are not deterred. We have gone to appeal regardless of the punitive cost imposed upon us,” he said.
Speakers at the webinar argued that the judgment failed to adequately address critical evidence presented during the proceedings.
According to them, several reports, technical assessments and agreements generated through consultations between the company and the community were either overlooked or not sufficiently considered.
The legal representatives said complaints lodged by the community led to the appointment of an independent mediator who reviewed submissions from both sides and concluded that there were issues requiring resolution.
They stated that negotiations subsequently resulted in an agreement acknowledging that the company’s infrastructure had contributed to flooding and that remedial measures were necessary.
The speakers said independent experts carried out technical assessments and produced reports identifying engineering interventions required to mitigate the flooding problem.
They further claimed that some of the reports were unanimously endorsed by representatives of both parties and recognised the existence of environmental problems requiring urgent action.
According to the presenters, concerns also exist regarding the treatment of certain technical reports during the dispute resolution process.
They argued that documentary evidence submitted before the court, including findings by environmental experts and reports from relevant authorities, pointed to oil infrastructure as a significant contributor to the flooding crisis.
The webinar participants also referred to a Federal High Court judgment delivered in Nigeria in February 2023 which they said found the company’s infrastructure responsible for flooding in the affected area.
According to the speakers, the Rivers State Ministry of Environment and other investigative bodies had similarly linked the flooding to the oil facilities.
They contended that the drainage channels and culverts constructed by the company were insufficient to address the underlying problem.
Historical reports dating back several decades, they said, had already concluded that the number and design of the drainage structures were inadequate to prevent flooding.
A major point of contention during the webinar was the court’s reliance on procedural grounds relating to legal standing.
The presenters argued that by ruling that EVF lacked the authority to pursue claims on behalf of affected residents, the court avoided making substantive findings on the environmental evidence presented.
They described this as a common challenge in environmental litigation where procedural objections sometimes prevent courts from fully considering the merits of a case.
Participants also raised concerns about what they described as the limited consideration given to the social and human consequences of the flooding.
Some speakers suggested that journalists and media organisations should visit Aggah community to document the situation through photographs, videos and field reports to provide a clearer picture of conditions on the ground.
Responding to questions on the way forward, the legal team said the immediate focus was the appeal process.
They expressed confidence that the Italian Court of Appeal would undertake a comprehensive review of the judgment, including the handling of evidence, the interpretation of the 2019 settlement agreement and the legal issues surrounding standing and representation.
The claimants reaffirmed their commitment to pursuing accountability, environmental remediation and a permanent engineering solution capable of ending the recurring floods affecting the community.
They said the people of Aggah remained determined to seek justice through all available legal channels while continuing to advocate for restoration of their environment, livelihoods and safety.
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