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Limitation risk has historically been a defining factor in Nigeria’s oil-spill disputes environment. As operators face mounting legacy claims and rising community actions, clarity on which limitation regime applies at the Federal High Court remains a core commercial and litigation-exposure issue, shaping strategy, settlement posture and long-term risk planning.

In this article, TEMPLARS Partner, Godwin Omoaka, SAN, FCIArb, Managing Counsel, Orji Agwu Uka, and Senior Associate, Collins Ogbu, analyse the divergent appellate authorities on the point, and reaffirm the position grounded in Supreme Court precedent: State limitation laws govern oil-spill claims brought under federal petroleum statutes, except where expressly displaced by the federal statutes.

The piece maps the competing judicial approaches and distils the operational and disputes implications for industry players managing time-bar exposure and long-tail liabilities.

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