UK court: Nigerian farmers can sue Shell for pollution
Nigerian farmers and fishermen will be allowed to sue oil giant Shell in English courts after years of oil spills in the Niger Delta.
The decision is a victory for the communities after a five-year battle, and overturns a Court of Appeal ruling.
Around 50,000 people live in the Ogale and Bille communities of Nigeria and allege they have suffered systematic oil pollution for years which has impacted their drinking water supply and destroyed livelihoods.
The communities wanted to bring forward the case against the British-Dutch company in English courts because they believe they will not be able to get justice in Nigeria.
The UK Supreme Court has now ruled there is an arguable case that Royal Dutch Shell and its Nigerian subsidiary are legally responsible for the pollution and that it can be brought in front of an English court.
The oil giant had argued it was only a holding company for a firm that should be judged under Nigerian law.
Shell did not dispute that both communities have been severely polluted, or that there has not been an adequate clean-up yet.
It had instead argued it could not be held legally responsible for the harm suffered and therefore the cases should not be heard in England.
“Regardless of the cause of a spill, SPDC cleans up and remediates. It also works hard to prevent these sabotage spills, by using technology, increasing surveillance and by promoting alternative livelihoods for those who might damage pipes and equipment. Unfortunately, such criminal acts remain the main sources of pollution across the Niger Delta today.”
A similar case was brought by farmers against Shell in 2013, but it was rejected by the Dutch Hague Civil Court as it backed the oil firm’s argument that the spills were caused by sabotage and not poor maintenance.
MTO/BBC
