Human rights groups against oil pollution working on the case of the Ogale community in Ogoni area and Bille community in the Kalabari area, all in Rivers State, have vowed to proceed to the United Kingdom’s Supreme Court as last hope to punish Royal Dutch Shell for the environmental devastation caused by the 10-year old spills.
Two lower courts in the UK have so far ruled against the move.
The Court of Appeal in the United Kingdom, last Wednesday, dismissed the claim for compensation against Royal Dutch Shell by the Ogale community in Eleme Local Government Area and Bille community in Degema Local Government Area, affected by oil spills.
Reacting to the decision, Amnesty International said the action of the UK court has dealt a blow to oil spill victims and corporate accountability
Responding on the judgement that two Niger Delta communities cannot have their case against oil giant, Shell, heard in the UK because the parent company cannot be held liable for the actions of its Nigerian subsidiary, Amnesty International’s Campaigner on Business and Human Rights, Joe Westby, said: “With this ruling the court has struck a blow not only to the Ogale and Bille communities, who live everyday with the devastating consequences of Shell oil spills, but with victims of corporate human rights abuses all over the world. This ruling sets a dangerous precedent and will make it more difficult to hold UK companies to account.
“The idea that powerful multinationals are not responsible for the conduct of their subsidiaries overseas has allowed Shell to evade accountability for a raft of shocking human rights abuses spanning decades. This is a textbook example of the almost insurmountable obstacles to justice faced by people who take on powerful multinationals.
“Internal Shell documents show that the company’s headquarters have known full well for decades about the massive oil pollution caused by their operations in Nigeria, and have chosen not to stop it. If Shell cannot be held to account for such well-documented abuses, what hope is there of bringing other companies to justice?
“The communities will now be taking their fight for justice to the Supreme Court – this could be their last chance to see their environment restored.”
A spokesperson for the Shell Petroleum Development Company of Nigeria Limited (SPDC) said: “The Court of Appeal has rightly upheld the earlier decision that this case should not proceed in the English courts.
“Nigeria has a well-developed justice system that is capable of dealing with these claims. Both Bille and Ogale are areas heavily impacted by crude oil theft, pipeline sabotage and illegal refining, which remain the main sources of pollution across the Niger Delta. Litigation in courts unfamiliar with the law and realities on the ground ultimately does not address the issue of criminal interference in the operations of Nigerian company”.

Susan Serekara-Nwikhana