Mrs. Justice May of the United Kingdom High Court has granted permission for over 13,000 farmers and fishermen from Ogale and Bille communities in the Niger Delta to proceed with legal claims against Shell regarding oil pollution.
Shell attributes the pollution to the widespread theft of crude oil in the region.
The claimants argue that chronic pollution and destruction of their livelihoods violate their right to a clean environment under the Nigerian Constitution and the African Charter on Human and People’s Rights. The trial is set for December 12 and 13, marking a crucial step in the eight-year legal battle.
Shell’s Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC), acknowledges responsibility for spills and compensates affected parties as per regulations. However, it denies a direct duty of care to the claimants. The company contends that litigation does little to address the core issue—oil spills from theft, illegal refining, and sabotage.
Responding to accusations of leaving Nigeria, Shell clarifies that it intends to reduce onshore oil production while maintaining its presence in deepwater and integrated gas operations. The company emphasizes its commitment to addressing environmental challenges caused by criminal activities in the Niger Delta.
Leigh Day, the legal team representing the communities, hails the court ruling as a “significant moment” after years of battling technicalities employed by Shell to impede claims. The decision allows the communities to pursue a trial seeking full compensation and a comprehensive cleanup of their environment.
Matthew Renshaw, leader of the legal team, asserts that the judge recognized the fundamental breach of the villagers’ right to a clean environment, citing the Nigerian Constitution and the African Charter. The ruling, which has no limitation period, ensures that Shell cannot evade liability based on timing.
Leigh Day accuses Shell of offering no remedy or compensation to the Ogale and Bille communities, portraying the oil giant’s exit from the Niger Delta after 80 years as leaving the communities chronically polluted and without redress.