TOR can be sued

... over spillage into the Chemu Lagoon
Tema, Oct 17, GNA- A Tema High Court, presided over by Justice F. G. Korbieh, has ruled that individuals and non-governmental organisations have the right to sue the Tema Oil Refinery (TOR) over the spillage of oil into the Chemu Lagoon at Tema Manhean.

The Centre for Public Interest Law and one Mr Richster Amarh Amarfio, Executive Secretary of the Corporate Social Responsibility Movement (CSRM) a Tema based NGO on the environment had filed a writ at the Tema High Court against TOR for allegedly polluting the Lagoon with oil effluent from their plant.

TOR however, challenged the writ asking the court to dismiss the suit for "want of capacity", "want of reasonable cause of action", and procedural irregularities".

In the statement of claim, the two plaintiffs argued out that TOR was negligent in spilling oil into the lagoon as the action was in violation of the rights of the inhabitants of Chemu who are predominantly fishermen and this has deprived them of their livelihood.

It said the action has deprived those settled along the banks to a clean and healthy environment under the constitution and international law.

The writ called for an order of perpetual injunction to restrain the defendant from further pollution of the Lagoon through oil spillage or other means.

In his ruling the Judge said the Defence Counsel did not question the individual capacity of the plaintiffs to bring the action "except to say that they are "busybodies" and wanted cheap popularity". The ruling stated that any person may begin and carry on proceedings in person or by a lawyer, adding that one member of a class may bring an action, which is what the plaintiffs have done.

It added that the constitution guarantees a right to life; it should be interpreted expansively to include the right to a clean environment. The ruling said Ghana is a signatory to the African Charter on Human and Peoples Rights, of which article 24 guarantees the peoples' right to a clean and healthy environment.

It indicated further that if the defendant has spilled oil into the Chemu Lagoon, "it has indeed created an environmental problem, which gives rise to a factual situation that needs a remedy". In view of the explanation, it said the plaintiffs have resorted to the constitution of Ghana, which qualifies them to take action and by virtue of the fact that they are protecting the public interest. The plaintiffs were represented by Dr Dominic Ayine and Mr James Agalga while Mr Agyabeng Akrasi stood for the defendant. On May 07, this year, TOR was alleged to have spilled oil into the Chemu Lagoon at Tema Manhean where the people are predominately fishermen. 17 Oct 07