Shell is in court today facing allegations it is responsible for oil pollution in Nigeria that left thousands without clean water and ruined farming and fishing.
Lawyers claim hundreds of leaks and spills from Shell’s pipelines and infrastructure have devastated the environment of the Bille and Ogale communities in the Niger Delta.
Shell argues that the vast majority of the pollution came from criminals sabotaging pipelines, stealing oil and illegally refining it.
The company says it is not liable for pollution caused by others, but that its regional arm, SPDC, cleans up all spills, “regardless of the cause”, including those being scrutinised in court.
Lawyers representing 13,000 local Nigerians claim Shell and its subsidiary “failed to take basic steps” to stop the oil theft and other activity that caused the spill, and that there has “barely” been a clean-up.
Law firm Leigh Day argues the pollution breached people’s right to clean and healthy surroundings.
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The initial trial, starting today in the High Court in London, will decide whether Shell can be held liable for pollution caused in the course of theft and illegal activity. The full trial will begin next year.
It will also assess whether oil pollution by a private company can be a violation of a community’s fundamental human rights under the Nigerian Constitution and African Charter on Human and People’s Rights.
Leigh Day says if the case succeeds, it would be the first time a UK multinational had been found to have breached human rights by polluting the environment.
Ogale and Bille residents have been fighting for a clean-up “to international standards” and compensation since 2015, after they say pollution left them without clean water and unable to farm and fish.
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Chief Bennett Okpoki, leader of the Bille community, said: “It has been a long, hard fight to get here, but we are happy to see Shell finally facing trial”.
“Once we relied on fishing for our livelihoods – now, because of the pollution, our rivers and waterways are devastated, and the fish are gone”.
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A spokesperson for Shell said: “Shell has a continuing commitment to Nigeria, its people and the economy.
“Where we operate, we bring jobs, support local supply chains and invest in the education and healthcare people rely on, as well as providing billions of dollars in income to the Nigerian government.
“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.
“The SPDC joint venture manages these challenges, working closely with the Nigerian government, its government-owned partner NNPC Ltd, local communities and other key stakeholders using its expertise in spill prevention, response and clean-up. Regardless of the cause of a spill, SPDC cleans up the areas affected by spills originating from its facilities and in the event of an operational spill, SPDC compensates any affected people and communities.
“We believe Leigh Day’s litigation does little to address the real problem in the Niger Delta: oil spills due to theft, illegal refining and sabotage, which cause the most environmental damage.”
