The high court in London has ruled that thousands of villagers in Nigeria have the right to make human rights claims against the fossil fuel company Shell for the ongoing contamination of their water sources and disruption of their traditional way of living.
This week, Mrs Justice May declared that over 13,000 farmers and fishers from the Ogale and Bille communities in the Niger delta have the right to file legal complaints against Shell for allegedly violating their right to a pollution-free environment.
The judge stated that it could be argued that the pollution had significantly violated the villagers’ right to a clean environment as guaranteed by the Nigerian constitution and the African charter on human and people’s rights. These rights have no time limit for making claims.
Shell’s Nigerian branch, known as the Shell Petroleum Development Company of Nigeria (SPDC), acknowledged its responsibility for the spills it caused and provided compensation to those affected as mandated by Nigerian regulations. The company also takes steps to clean up all spills from its facilities, regardless of the source. However, Shell plc maintains that it does not have a direct obligation to those making claims against them.
Shell responded to the court’s ruling by stating that the plaintiffs were unable to specify which specific spill or spills were responsible for the damage, despite the court’s previous order to do so.
Matthew Renshaw, the partner for the international team at Leigh Day, is representing the villagers. He stated that this ruling marks a major milestone in the villagers’ eight-year fight to hold Shell accountable for the oil pollution that has greatly impacted their land in Ogale and Bille.
“Throughout this period, Shell has continuously utilized legal loopholes in an attempt to hinder and postpone our clients’ grievances. According to Nigerian constitutional law, Shell will no longer be able to claim it holds no liability for the pollution as it occurred over five years ago.”
Renshaw stated that they are eager to proceed with a trial as soon as possible. This will allow their clients to have their claims for complete restoration and reparation of their disrupted lifestyle heard.
In a unanimous decision three years ago, the supreme court stated that there is a strong possibility that Shell plc, a UK-based company, bears legal responsibility for the pollution caused by its Nigerian subsidiary.
However, the legal dispute between Shell and the plaintiffs has persisted in a series of conflicts.
According to a representative from Shell, we have confidence in the validity of our argument. There is a significant amount of oil theft occurring in the Niger delta, causing extensive pollution and being responsible for most of the spills in the Bille and Ogale claims.
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Regardless of the reason, SPDC takes responsibility for cleaning up and restoring areas impacted by spills from their facilities or pipeline system. They work closely with regulatory bodies, local communities, and other involved parties. The company recognizes that legal action does not effectively solve the main issue in the Niger Delta, which is oil spills caused by theft, illegal refining, and sabotage – challenges that SPDC regularly encounters and that result in the most environmental harm.
A representative stated that Shell does not have any intentions of exiting Nigeria. As mentioned before, Shell’s goal is to decrease its participation in onshore oil production in Nigeria while still maintaining its presence in deepwater and integrated gas operations in the country.
The decision made this week entails the plaintiffs will now get ready for a court case. A proceeding is scheduled for December 12th and 13th to present further legal arguments.
Source: theguardian.com
