UK court rules human rights grounds for Niger Delta claims against Shell

Nigerian communities affected by polluted waters and land can proceed with human rights claims against oil and gas firm Shell for alleged breaches of their right to a clean environment, following a ruling in London’s High Court.

The action brought by the Ogale and Bille farming and fishing communities in the Niger Delta, representing more than 13,000 individuals, claims oil spills from Shell’s production facilities in the region between 2011 and 2013 have polluted waters and affected their livelihoods.

The High Court judge, Mrs Justice May, has ruled that it could be argued the pollution breached local residents’ right to a clean environment under the Nigerian constitution and the African charter on human and people’s rights, which has no limitation period.

UK-headquartered Shell denies it owes a duty of care to the claimants. It argues that its subsidiary in Nigeria called SPDC has accepted responsibility for oil spills and has already paid compensation, as well as cleaned up any spills. Following the judgment, Shell said the claimants needed to identify the spills causing damage.

Matthew Renshaw, the international team partner at Leigh Day representing the Niger Delta villagers, said the long-running battle is nearing trial. But he voiced frustration at Shell’s attempts to delay litigation.

“This ruling is a significant moment in the eight-year battle by the Ogale and Bille communities to get Shell to take responsibility for the oil pollution that has blighted 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,” he said.

Renshaw added that the legal action would now move towards trial, with legal arguments to establish whether Shell’s parent company in London and SPDC are liable to clean up and compensate the affected communities. The trial is scheduled to be heard next month.

Shell argues SPDC cleans up and remediates areas affected by spills from its facilities “irrespective of cause”. It claims most spills are more likely to be from illegal refining and theft from its Nigerian plant.

“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,” Shell said.

“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,” it added.

“If the case succeeds at trial, it will be the first time in legal history that a UK multinational will have been found to have breached a communities’ right to a clean environment,” Leigh Day said.