The East African Court of Justice (EACJ) has dismissed a legal challenge against the East African Crude Oil Pipeline (EACOP), leaving affected communities without a forum to air their grievances.
The court ruled the case filed by four East African organisations was submitted past the 60-day statutory deadline, effectively ending the case on procedural grounds before any evidence could be examined.
The appeal, brought by CEFROHT, AFIEGO, Natural Justice, and the Center for Strategic Litigation, alleged that Uganda and Tanzania advanced the EACOP project without the required environmental and social impact assessments mandated under regional law.
The NGOs also raised concerns about inadequate safeguards for communities and ecosystems along the pipeline’s 1,443 km route from Uganda to Tanzania’s coast.
Lawyers representing the NGOs argued that critical project agreements were only made public years after being signed, making it impossible to meet the court’s deadline. Justin Semuyaba, one of the legal representatives, said: “By refusing to hear this case, the Court has turned its back on families already harmed by EACOP. Land has been taken, livelihoods shattered, and people intimidated or arrested for speaking out — yet none of that will be heard in this courtroom.”
The pipeline, led by TotalEnergies and China’s National Offshore Oil Corporation (CNOOC), has been described by the Climate Accountability Institute as a “carbon bomb,” with projected emissions exceeding the combined total of Uganda and Tanzania.
Beyond its climate impact, EACOP threatens vital ecosystems, water sources, and the livelihoods of over 100,000 people along its path.
Rachael Tugume, a displaced Ugandan community member, lamented: “We came to this Court to be heard, but it chose not to listen to the people living with the real consequences of EACOP. We may have lost this battle, but as long as this pipeline threatens our homes and our future, we will keep fighting.”
Mounting Financial and Operational Risks
Despite the ruling, EACOP remains a financially risky venture. The project is years behind schedule, has yet to achieve full financial close, and its costs have ballooned from US$3.5 billion to roughly US$5.6 billion.
With numerous commercial banks and insurers withdrawing support, TotalEnergies and its partners are now self-financing nearly 90% of the project through extra equity and shareholder loans.
Coleen Scott, Legal and Policy Associate at Inclusive Development International, said: “This ruling is a blow for affected communities, but it doesn’t make EACOP any less of a reckless gamble. Having Total and its partners bankroll almost the entire project themselves is virtually unheard of for a project of this size. Each new controversy makes EACOP harder to justify for any investor paying attention.”
Across East Africa and beyond, opposition to the pipeline has grown into a major transnational movement, backed by over 260 organisations worldwide.
Campaigners have spotlighted environmental and social risks, influenced banks and insurers to pull back, and initiated legal challenges from Uganda to France — efforts that continue despite today’s court setback.
