Faith Nyasuguta
The high court in London has ruled that thousands of Nigerian villagers have the right to pursue human rights claims against Shell for the persistent oil pollution of their water sources and the disruption of their way of life.
This week, Mrs Justice May determined that over 13,000 farmers and fishers from the Ogale and Bille communities in the Niger Delta can legally pursue claims against Shell for alleged violations of their right to a clean environment.
The judge found it arguable that the pollution had fundamentally breached the villagers’ right to a clean environment as per the Nigerian constitution and the African Charter on Human and Peoples’ Rights. Notably, claims under these rights have no limitation period.
Shell’s Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC), acknowledged responsibility for spills and compensated affected parties per relevant Nigerian regulations.
The company asserted its commitment to remediating all spills from its assets, regardless of cause. However, Shell plc denies owing a direct duty of care to the claimants.
In response to the judgment, Shell stated that the claimants had not identified specific spills causing the damage, despite court orders to do so.
Matthew Renshaw, the international team partner at Leigh Day representing the villagers, expressed, “This ruling marks a significant moment in the eight-year battle by the Ogale and Bille communities to hold Shell accountable for the oil pollution that has adversely affected their land.”
“During this time, Shell has repeatedly resorted to using technicalities to try to block and delay our clients’ claims. Under Nigerian constitutional law, Shell would no longer be able to argue it has no responsibility for the pollution because it took place more than five years ago.”
Renshaw added: “We now hope to move without further delay towards a trial, where our clients’ claims for a full cleanup and compensation for the destruction of their way of life can be fully heard.”
Some three years ago, the supreme court unanimously ruled that “there is a good arguable case” that Shell plc (the UK-based parent company) is legally responsible for the pollution caused by its Nigerian subsidiary.
The legal proceedings persist in an ongoing series of conflicts between Shell and the claimants.
Regarding the latest judgment, a Shell spokesperson stated: “We strongly believe in the merits of our case. Oil is being stolen on an industrial scale in the Niger delta. This criminality is a major source of pollution and is the cause of the majority of spills in the Bille and Ogale claims.”
“Irrespective of cause, SPDC cleans up and remediates areas affected by spills from its facilities or pipeline network, working closely with regulators, local communities and other stakeholders.”
“We believe litigation does little to address the real problem in the Niger delta: oil spills due to theft, illegal refining and sabotage, with which SPDC is constantly faced and which cause the most environmental damage.”
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