IN a bid to reach an amicable settlement, Justice Oluwatoyin Taiwo (Mrs) of Lagos High Court has adjourned for further pre-trial conference the N500 million suit slammed against Coca-Cola Nigeria Plc and Nigeria Bottling Company Plc (NBC) by the Lagos State Fishermen Co-operative Association Limited over the alleged pollution of canal by discharging dangerous, harmful, untreated effluent and wastewater from their plant into the Apapa Canal which has affected the aquatic life therein and consequently affected their fishing trade and occupation adversely.
The Fishermen Co-operative Association, represented by Fatai Ojolari, Kehinde Carew, Domonic Aivoji, Seth Omojoye, Messiah Ebilene and Gilbert Yonrin suing for themselves and on behalf of the Association are claiming the sum of N500 million as general, aggravated and special damages against Coca-Cola Nigeria Plc and NBC Plc.
Among other relief sought by the claimants is a declaration that the discharge of untreated waste matter and wastewater by the defendants into the Apapa Canal from their bottling plants is harmful, illegal and has adversely affected the aquatic life in the canal to the detriment of their trade and occupation.
Furthermore, the Fishermen pray for a declaration that the failure of the defendants to comply with the laws and regulations on environment concerning the production and bottling of their beverages at their Apapa plant has affected their trade and occupation, contending that the defendants are liable to pay damages.
Besides, they seek for an injunction restraining the defendants, by themselves, their agents, servants and or privies from continuing to produce and bottle their products in such a manner that leads to the discharge of untreated effluent and wastewater into the said Apapa canal where the fishermen carry out their business and occupation of fishing.
The claimants submit that in the course of production of their drinks and beverages, the defendants discharge dangerous untreated waste matter liquid into the canal, adding that the liquid waste damages and destroys the aquatic life in the canal and the surrounding waters and has rendered the fishermen of Ajengunle and its environs jobless. They admitted that they have the permission and authority of the Lagos State Government to carry on the business of fish farming, fishing and fish selling in all the creeks, lagoons, waters, estuaries, lagoon banks and seashores in Lagos State, pointing out that they have been in the business and trade before the arrival  of the defendants and siting of their  Ajegunle/Apapa bottling plant.
Coca-cola Nigeria Plc and NBC Plc are said to have by the hazardous untreated effluent and wastewater being discharged into the canal through their bottling plant, polluted the canal and its surrounding waters which has led to the mortality of fishes, invertebrates, several unidentified micro organisms, decreased aquatic system viability and damage to the reproductive system of fishes.
According to the claimants, with the colossal rate of fish mortality and migration back to Atlantic Ocean due the pollution of the canal by the defendants, they have been rendered jobless. They contend that the wastewater discharged from the defendants’ factory is dangerous in odour, colour, high phosphate value, without dissolved oxygen and thereby making aquatic life impossible. 
The Association submits that they protested to Lagos State Environmental Protection Agency (LASEPA) and other government agencies, complaining of the adverse effect of the discharge of the wastewater into the canal by the defendants, maintaining that the canal serves as their fishing points.
It was said that in reaction to the complaint, LASEPA directed the management of the defendants to build an Effluent Treatment Plant (ETP) for the treatment of the liquid waste from their plant before it could be discharged into the canal but they allegedly failed and or neglected to comply with the directive of LASEPA.
The defendants have also allegedly refused to comply with the directives of the agencies of government on environmental protection and management and have continued to allegedly flout the laws relating to environmental safety and protection.
The fishermen submit that by reason of the negligence of the defendants, their servants or agents, the water of the said canal, creeks, rivers, streams, lagoons and waterbeds have been polluted, disturbed, impure and unfit to be used in and for the purposes of fishing by the claimants.
Furthermore, it was contended that due to the negligence of the defendants which caused the pollution of the canal, the claimants have been unable to use the water of the said canal, river, creeks, streams, lagoons and other water beds for their fishing and have been hindered and prevented from carrying out their fishing on the said canal and have lost profits and advantages that would have accrued to them, stressing that by the action of the defendants, they have suffered loss and damages. However, in an enrollment order issued by Justice Taiwo on May 7, 2009, the claimants’ counsel Ebun-Olu Adegboruwa was ordered to invite the Ministry of Environment and LASEPA immediately to inspect the Effluent Plant situate at the NBC Apapa plant and serve the court a detailed report of the investigation.