Shell being sued in claims over oil spills in Nigeria
The High Court will begin to hear arguments during a 4-day hearing starting on 21st November 2016 on whether the English Courts can hear two legal claims on behalf of over 40,000 Nigerians against Royal Dutch Shell (RDS) and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd (SPDC), for extensive environmental damage caused by oil pollution to two separate communities in the Niger Delta.
The appalling levels of pollution the Ogale community was carefully documented by the United Nations Environment Program in their 2011 report.
In March 2016 the Technology and Construction Court agreed that the two legal cases could proceed to the next stage through the London High Court, where the parent company, Royal Dutch Shell plc, is based.
Lawyers for the Nigerians communities argue that Royal Dutch Shell, who has its headquarters in the UK, controls and directs its’ Nigerian subsidiary and should ensure that its operations do not systematically pollute the environment.
Both Royal Dutch Shell and Shell Nigeria argue that the cases should be heard in Nigeria and not in the English Courts.
The two separate legal actions are being brought by law firm Leigh Day who represented the Bodo Community against Shell in an unprecedented environmental claim resulting in Shell agreeing to pay compensation package of £55m to the Community and 15,600 Nigerian fishermen whose livelihoods had been destroyed by Shell’s oil pollution. However, hundreds of Niger Delta communities remain blighted by oil pollution.
Daniel Leader, partner in the International Group Claims team at Leigh Day said: “Oil spills from Shell’s oil pipelines have blighted the lives of the thousands of Nigerians who live in Ogale and Bille. It is scandalous that five years after the UNEP Report Shell is yet to clean up its own oil in either Ogale or Bille.
“It is clear to the Claimants that Royal Dutch Shell is ultimately responsible for failing to ensure that its’ Nigerian subsidiary operates without causing environmental devastation. It is time for Shell to clean up their act in Nigeria. At the moment these communities have no choice – they have to take them to court to get them to act.”