The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal challenging the dismissal of a lawsuit against the East African Crude Oil Pipeline (EACOP), with civil society organisations (CSOs) calling for the case to be reviewed on its merits.
The appeal, filed by four East African CSOs, seeks to overturn the November 2023 ruling of the First Instance Division, which dismissed their legal challenge on procedural grounds. The CSOs argue that the court failed to fully consider the case, which raises concerns over the project’s compliance with regional and international laws.
The hearing, held in Kigali, Rwanda, was presided over by a panel of five judges: Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.
Representing the CSOs, Dr. David Kabanda of the Center for Food and Adequate Living Rights (CEFROHT) argued that the First Instance Division improperly evaluated evidence when determining preliminary objections. He contended that Tanzania’s government had provided conflicting dates regarding the signing of key EACOP agreements, making it inappropriate for the court to dismiss the case on procedural grounds.
“The First Instance Court examined evidence while determining a preliminary objection, which is barred under EACJ rules. This misstep must be corrected,” Dr. Kabanda asserted.
Mr. Justin Semuyaba, another CSO lawyer, stressed that the original case was filed within the timeframe specified under Article 30(2) of the East African Community (EAC) Treaty. He emphasized that the First Instance Division erred in ruling the case as time-barred.
Additionally, Dr. Rugemeleza Nshala and Ms. Joan Kembabazi called for the removal of financial penalties imposed on the CSOs by the initial ruling. They argued that awarding costs to the governments of Uganda and Tanzania, as well as the EAC Secretary General, discourages public interest litigation.
“Costs have a chilling effect, discouraging citizens from seeking justice. This case affects communities and must be properly heard,” Dr. Nshala remarked.
Following arguments from both the appellants and the respondents—including legal representatives of Uganda, Tanzania, and the EAC Secretary GeneralJustice Kayobera stated that a ruling will be issued on notice. If the appellate court finds procedural errors in the First Instance ruling, the case will be sent back for full trial.
Dickens Kamugisha, CEO of the Africa Institute for Energy Governance (AFIEGO), urged Uganda and Tanzania to prioritize climate action rather than backing projects like EACOP. “African nations, being vulnerable to climate change, should avoid environmentally harmful projects. This strengthens their position in global climate negotiations,” Kamugisha stated.
The legal battle over EACOP, a 1,443-km pipeline spearheaded by TotalEnergies and China National Offshore Oil Corporation (CNOOC), continues to raise concerns over environmental risks, displacement, and human rights. The CSOs maintain that due diligence was not adequately conducted before the project’s approval and seek a ruling enforcing compliance with international environmental laws.
The ruling of the appellate court will determine the next steps in the case, with potential implications for regional environmental governance and public interest litigation in East Africa.
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