EAC court dismisses petition against EACOP

The East African Court of Justice (EACJ) has dismissed with costs a petition filed by four civil society actors that sought to challenge the construction of the East African Crude Oil Pipeline- EACOP.

These including the Africa Institute for Energy Governance (AFIEGO), Natural Justice, Centre for Strategic Litigation, the Centre for Food and Adequate Living Rights (CEFROHT) Limited, in November 2020 filed a case against the governments of Uganda and Tanzania, and the Secretary General of the East African Community (EAC), challenging EACOP.

The applicants wanted a temporary injunction to stop the construction of the EACOP until the questions of environmental, social justice, and climate justice concerns raised in the case were heard and determined.

The Court sitting in Arusha last evening upheld the objection by Tanzania’s solicitor general, noting that the case was filed out of time prescribed by the East African Community Treaty.

The judges held that the applicants should have filed the case as early as 2017, rather than in 2020 and as a result, the court does not have jurisdiction to hear the matter.

The ruling was delivered by Justice Yohane B Masara Justice Dr. Lawrence Gacuke, Justice Dr. Charles Nyawello, Justice Richard Muhumuza, and Justice Richard Wabwire Wejuli.

The Attorney General of Uganda was represented by Martin Mwambutsya, the Director of Civil Litigation, George Kalemera a Commissioner For Civil Litigation, Richard Adrole, Charity Nabaasa, and Mugisha Twinomugisha.

Written by Juliet Nalwooga