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Polluted N’Delta Communities Can Sue In English Courts, UK S’Court Rules
The United Kingdom’s Supreme Court has ruled that oil-polluted Niger Delta communities can sue Shell subsidiaries in Nigeria in English courts.
The decision is a victory for the communities after a five-year battle, and overturns a Court of Appeal ruling.
The Niger Delta communities, with a population of well over 35million people say decades of pollution and degradation have severely affected their lives, health and local environment.
The oil giant had argued that it was only a holding company for a firm that should be judged under Nigerian law.
However, the Supreme Court, the UK’s final Appeal Court for civil cases, ruled that the cases brought by the Bille community and the Ogale people of Ogoniland against Royal Dutch Shell were arguable and could proceed in the English courts.
Both communities in Rivers State amass a population of approximately 48,000 people.
While Bille is located in the heartland of the Kalabari Kingdom, a predominantly riverine area; the Ogale community is situated in Eleme LGA, one of the four Ogoni LGAs in the state, captured by the United Nations Environment Programme (UNEP) scientific study of over 50 years of oil pollution in the Ogoniland.
Royal Dutch Shell did not dispute that pollution had been caused, but argued that it could not be held legally responsible for its Nigerian subsidiary.
Shell is responsible for about 50 per cent of the Nigeria’s oil production.
Last year, the Court of Appeal agreed with the company, but the Supreme Court said, last Friday that that decision was flawed.
The communities, represented by law firm Leigh Day, argued Shell owed a common law duty of care to individuals who had suffered serious harm as a result of the systemic health, safety and environmental failings of one of its overseas subsidiaries.
In 2011, the UN concluded that it would take 30 to 35 years to clean-up the vast amounts of pollution in the Niger Delta.
The Ogale community of about 40,000 people are mostly fishermen or farmers who rely on Ogoniland’s waterways.
Conversely, Bille community has an approximately 8,000 people in the coastal fringes of Rivers State.
But pollution has all but destroyed fishing, turning their lush home into a toxic wasteland.
There have been, at least, 40 oil spills from Shell’s pipelines since 1989, lawyers say Shell’s records reveal.
The UN scientists have found an 8cm (3 inch) layer of refined oil floating on top of water that supplies the community’s drinking wells – vastly higher than is legally permitted.
The water is now too dirty for people to drink.
Despite promises to provide clean water, people must often either shell out for bottled water or drink from contaminated sources.
Thick crusts of ash and tar cover the land where oil spills have caused fires.
Planting new vegetation to replace burnt crops or plants is almost impossible.
A farmer, Damiete Sanipe, described the area as a wasteland where the trees and the mangrove have been destroyed.
“The habitat is gone; the river we used to swim in is gone. For a coastal community whose life revolved around the water, it’s all gone.
“I don’t think money can bring back what we have lost. Even if they want to revive the mangrove, it will take more than 30 years which is a long time.”
On Friday, Leigh Day lawyer, Daniel Leader, said the ruling was a “watershed” for “impoverished communities seeking to hold powerful corporate actors to account”.
The firm said the amount of compensation sought had yet to be determined.
In a statement, Shell said, “The spills at issue happened in communities that are heavily impacted by oil theft, illegal oil refining, and the sabotage of pipelines.”
It said that, despite the causes of the pollution, its subsidiary had worked hard to both clean-up and prevent spills.
It’s the latest in a run of international and domestic law suits over Shell’s oil extraction in Nigeria.
In 2015, it accepted responsibility for two spills and agreed to pay £55million ($76million) to the Bodo community and assist in the clean-up.
In 2006, a Nigerian court ordered the company and partners to pay $1.5billion to the Ijaw people of Bayelsa State for environmental degradation in the area.
In an ongoing civil case, the widows of four environmental activists executed by Nigeria’s military regime in 1995 are suing Shell for allegedly providing support to the military.
The Shell denies the claims.
The decision, last Friday, is the latest case to test whether multinational companies can be held accountable for the acts of overseas subsidiaries.
Reacting, Amnesty International welcomed the ruling.
The Director of Amnesty International’s Global Issues Programme, Mark Dummett, said the fight had not yet been won, but added, “This landmark ruling could spell the end of a long chapter of impunity for Shell and for other multinationals who commit human rights abuses overseas.”
Leigh Day also represented 2,500 Zambian villagers in their pollution case against UK-based mining giant Vedanta Resources.
Last month, the Supreme Court ruled in their favour, and they won an undisclosed settlement.
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I’m Committed To Community Dev – Ajinwo
News
RSG Tasks Rural Dwellers On RAAMP …As Sensitization Team Visits Akulga, Degema, Three Others

Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
News
Senate Replaces Natasha As Committee Chairman

The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.
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