Uganda, Tanzania Request EACJ to Dismiss EACOP Appeal

Uganda and Tanzania Urge EACJ to Reject Appeal Against EACOP Project

Wednesday, February 26, 2025

Judicial panel hears EACOP appeal in Kigali

The governments of Uganda and Tanzania have jointly called on the Appellate Division of the East African Court of Justice (EACJ) to dismiss an appeal filed by four civil society organisations (CSOs) from Uganda, Kenya, and Tanzania, which seeks to halt the construction of the East African Crude Oil Pipeline (EACOP).

The appeal, heard by a panel of five judges in Kigali, Rwanda, on February 24, 2025, was filed in December 2024 by the Africa Institute for Energy Governance (AFIEGO), the Centre for Food and Adequate Living Rights (CEFROHT), Natural Justice, and the Centre for Strategic Litigation. This marks their second attempt to block the controversial, multi-billion-dollar pipeline project, following the dismissal of a similar case by the EACJ's First Instance Court in November 2023.

In their submissions, Mr. Charles Ouma, Uganda's Deputy Solicitor General, and Mr. Mark Mulwabo, representing Tanzania's Office of the Solicitor General, urged the court to reject the appeal. They argued that pursuing such legal challenges is an unnecessary drain on national resources and could set a concerning precedent for future lawsuits of this nature.

The CSOs, however, contend that the dismissal of the earlier case focused unfairly on the statute of limitations, neglecting crucial environmental concerns associated with the pipeline. They argue that the court’s previous ruling failed to adequately address the potential risks to ecosystems along the EACOP route. The appellants also criticized the dismissal of their suit with costs, as they argue that it was filed in the public interest.

The pipeline, described by both governments as an essential and unstoppable infrastructure project, stretches 1,443 kilometres, linking Uganda’s oil-rich Hoima region to the Tanzanian port of Tanga. This ambitious project, designed to transport crude oil from Uganda expected to begin extraction in 2027, is seen as key to both nations' economic development.

The dispute centers around the agreements made for the pipeline’s development. The CSOs argue that they were unable to challenge the terms of the Inter-Governmental and Host Government Agreements in time, as the agreements were confidential when they were signed. Mr. Justin Ssemuyaba, representing the appellants, insisted that this secrecy prevented them from filing a timely challenge.

The panel of judges, led by Justice Nestor Kayobera, will now consider whether the appeal should proceed or whether the First Instance Court's dismissal stands. In their defense, Uganda and Tanzania's legal representatives emphasized that the appellants should have contested the project’s Environmental and Social Impact Assessment (ESIA) reports rather than challenging agreements already in place.

The project is backed by Total Energies (62% stake), China National Oil Company (CNOOC) (8%), Uganda National Oil Company, and Tanzania Petroleum Development Corporation, each holding 15% of the venture. The EACOP pipeline is regarded by the governments as pivotal for the region's energy future.