Editorial
Holding Shell Accountable

On January 29, 2021, 13 years after four Nigerian farmers and fisherfolks, Chief Fidelis Oguru, Mr
Alali Efanga, Chief Barizaa Dooh and Elder Friday Alfred Akpan, instituted lawsuits in the Netherlands with the support of Milleudefensie, the Hague Court of Appeals found Royal Dutch Shell’s subsidiary, Shell Petroleum Development Company of Nigeria (SPDC), liable for oil spills in the Niger Delta villages of Oruma and Goi.
The plaintiffs, who depended on farming and fishing for their livelihoods, made three demands from Shell. First, to stop and prevent future oil spills from its pipelines. Second, to clean up the widespread environmental pollution resulting from the oil spills. Third, to take responsibility for the actions of its subsidiary in Nigeria and pay damages as appropriate. It is the first time a Western court has ordered a multinational company to pay damages for environmental harm caused in a non-Western country.
Although Shell disclaimed liability for the actions of its subsidiary, arguing that the oil spills in Goi and Oruma between 2004 and 2005 were caused by third party sabotage, the Court of Appeals held Shell liable for the spills according to Nigerian laws, following Shell’s inability to prove the sabotage beyond any reasonable doubt. The farmers sought the intervention of the Dutch court after several failed attempts to bring Shell to justice in Nigerian courts.
Conversely, the court established that the oil spills in Ikot Ada Udo were outcomes of sabotage but concluded that it needed additional time to decide due to insufficient answers to pertinent questions such as “the extent to which the contamination has spread” and “whether the contamination is still of such a nature that remediation is required.” After a damage assessment procedure, the court would determine and disclose the damages to be paid to the three successful plaintiffs. In the meantime, the court ordered Shell and Shell Nigeria to install adequate leak detection systems in its pipelines at Oruma.
These judgements are very significant and having a strong influence on improving the accountability of transnationally operating businesses for violations of human and environmental rights. This is because it is the first appeals case in Europe that resulted not only in a victory on the merits for the victims but also the first case to hold that a parent company was under a duty of care concerning foreign claimants.
While the lawsuits are illustrative of the plethora of cases on oil spills against multinational companies and their subsidiaries instituted within and outside Nigeria, one of their ground-breaking implications is establishing a “duty of care” on parent companies. Put differently, parties can sue parent companies, located or headquartered in foreign jurisdictions for the actions of their subsidiaries.
Expectedly, the judgement will engender more environmental pollution-related lawsuits both in the countries where the pollution occurs and in relevant foreign headquarters. In the past, farmers and farming communities from the Niger Delta had instituted similar environmental pollution lawsuits against Shell in foreign jurisdictions. For example, the highly publicised Okpabi and Others v Royal Dutch Shell Plc and another (2018) EWCA Civ 191 filed by 42,500 representatives of Ogale and Bille communities in the United Kingdom in 2015, has since progressed to the Supreme Court.
The Supreme Court heard the case on June 23, 2020. Only recently it ruled in favour of the two Niger Delta communities which were seeking justice for environmental damage caused by Shell. The court found that the Ogale and Bille communities could bring their legal claims for clean-up and compensation against Royal Dutch Shell Plc (RDS) and its Nigerian subsidiary, SPDC. Unlike its Dutch counterpart, the United Kingdom’s Court of Appeal maintained that it lacked jurisdiction to hear the case against the United Kingdom Shell and its Nigerian subsidiary.
This is a most welcome landmark ruling. It is the most severe embarrassment that communities have to shop for environmental justice abroad because they cannot find it in Nigeria. There is nothing more depressing than the fact that for over 60 years to date, environmental justice has eluded communities, whose existence is endangered by the continually worsening scourge of oil and gas pollution.
The judgement has not come as an astoundment. The evidence was overwhelming and had refused to dissipate even after 13 years. Some crimes are hard to cloak. Environmental crimes, in particular, are of that sort. It takes witting blindness to pretend not to see, smell or feel. We are happy that Shell has been told the truth, so they must defray the extreme harm they have inflicted on the people and the environment.
It is anticipated that the court’s decision will compel transnational companies to respond swiftly and positively when environmental complaints are made from their host countries. The judgement has set a new standard that will give optimism to ordinary citizens that no matter how powerful a company is, there will always be a day of reckoning. If the judgement has not achieved anything, it will, at least, compel Dutch companies to be held accountable for their comportment abroad.
For Niger Delta inhabitants, they must give their land a lick and a promise and ensure that lost crops and livelihoods are indemnified by the guilty party — Shell. This victory has heralded the advent of a new era in which large multinationals such as Shell can no longer go about their business lawlessly but are accountable for their entire operations, including overseas.
Like the landmark judgement by the Dutch Appeals Court, the UK Supreme Court’s ruling sets an esteemed precedent for holding other multinationals to account and has conveyed a voice to oil-producing communities to speak out and act against injustice. The Supreme Court’s judgment might put an end to a long chapter of nonliability by Shell and other multinationals who commit human rights desecration against host communities.
As the determination and disclosure of damages for the three successful plaintiffs as well as the decision for the pending Dutch cases are awaited, it must be emphasised that no amount awarded can reimburse the plaintiffs and communities for the irreparable intergenerational loss of dignity, lives, livelihoods alongside the obliteration of biodiversity, flora, fauna and piscifauna. Indeed, the cases are poignant reminders of the continuing challenges confronted by the over 30 million victims of environmental injustice in the resource-rich Niger Delta.
With both judgements in the kitty, no corporate body, private or public, should ever think it can commit ecocide in the Niger Delta and not be held accountable. It may take longer, but judgement day will surely come. As late Ken Saro-Wiwa said, perhaps we are witnessing a time when Niger Delta communities may finally get to see Shell in the dock.
Editorial
Benue Killings: Beyond Tinubu’s Visit

The recent massacre in Yelewata, Benue State, ranks among Nigeria’s deadliest attacks of
2025. While official figures put the death toll at 59, media reports and Amnesty International estimate between 100 and 200 fatalities. This atrocity extends a decade-long pattern of violence in Nigeria’s Middle Belt, where Beacon Security data records 1,043 deaths in Benue alone between May 2023 and May 2025.
President Tinubu’s visit on 18 June—four days after the 14 June attack—has drawn sharp criticism for its lateness. This delay echoes a history of inadequate responses, with Human Rights Watch documenting similar inaction in Plateau and Kaduna states since 2013, fuelling a culture of impunity. The attack lasted over two hours without meaningful security intervention, despite claims of swift action.
The violence bore hallmarks of genocide, with survivors recounting systematic house burnings and executions. More than 2.2 million people have been displaced in the region since 2019 due to comparable attacks. Data show Benue’s agricultural output falls by 0.21 per cent in crops and 0.31 per cent in livestock for every 1 per cent rise in violence.
Security forces continue to underperform. No arrests were made following the Easter attacks in April (56 killed) or May’s Gwer West massacre (42 killed). During his visit, Tinubu questioned publicly why no suspects had been detained four days after Yelewata, highlighting entrenched accountability failures.
The roots of the conflict are complex, with climate change pushing northern herders south and 77 per cent of Benue’s population reliant on agriculture. A Tiv community leader described the violence as “calculated land-grabbing” rather than mere clashes, with over 500 deaths recorded since 2019.
Government interventions have largely fallen short. The 2018 federal task force and 2025 Forest Guards initiative failed to curb violence. Tinubu’s newly announced committee of ex-governors and traditional rulers has been met with scepticism given the litany of past unkept promises.
The economic fallout is severe. Benue’s status as Nigeria’s “food basket” is crumbling as farms are destroyed and farmers displaced. This worsens the nation’s food crisis, with hunger surges in 2023-2024 directly linked to farming disruptions caused by insecurity.
Citizens demanding justice have been met with force; protesters faced police tear gas, and the State Assembly conceded total failure in safeguarding lives, admitting that the governor, deputy, and 32 lawmakers had all neglected their constitutional responsibilities.
The massacre has drawn international condemnation. Pope Leo XIV decried the “terrible massacre,” while the UN called for an investigation. The hashtag “200 Nigerians” trended worldwide on X, with many contrasting Nigeria’s slow response to India’s swift action following a plane crash with similar fatalities.
Nigeria’s centralised security system is clearly overwhelmed. A single police force is tasked with covering 36 states and 774 local government areas for a population exceeding 200 million. Between 2021 and 2023 alone, 29,828 killings and 15,404 kidnappings were recorded nationally. Proposals for state police, floated since January 2025, remain stalled.
Other populous nations offer alternative models. Canada’s provincial police, India’s state forces, and Indonesia’s municipal units demonstrate the effectiveness of decentralised policing. Nigeria’s centralised structure creates intelligence and response gaps, worsened by the distance—both physical and bureaucratic—from Abuja to affected communities.
The immediate aftermath is dire: 21 IDP camps in Benue are overwhelmed, and a humanitarian crisis is deepening. The State Assembly declared three days of mourning (18-20 June), but survivors lack sufficient medical aid. Tragically, many of those killed were already displaced by earlier violence.
A lasting solution requires a multi-pronged approach, including targeted security deployment, regulated grazing land, and full enforcement of Benue’s 2017 Anti-Open Grazing Law. The National Economic Council’s failure to prioritise state police in May 2025 represents a missed chance for reform.
Without decisive intervention, trends suggest conditions will worsen. More than 20,000 Nigerians have been killed and 13,000 kidnapped nationwide in 2025 alone. As Governor Hyacinth Alia stressed during Tinubu’s visit, state police may be the only viable path forward. All 36 states have submitted proposals supporting decentralisation—a crucial step towards breaking Nigeria’s vicious cycle of violence.
Editorial
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Editorial
Democracy Day: So Far…

Nigeria’s return to democratic rule in 1999 marked a watershed moment in the nation’s political history. After enduring nearly 16 years of successive military dictatorships, Nigerians embraced a new era of civil governance with the inauguration of President Olusegun Obasanjo on May 29, 1999. Since then, the country has sustained a democratic system for 26 years. But, this democratic journey has been a complex mix of progress and persistent challenges.
The formal recognition of June 12 as Democracy Day in 2018 by former President Muhammadu Buhari acknowledged a long-standing injustice. The annulment of the 1993 presidential election, Nigeria’s freest, betrayed the democratic aspirations of millions. That it took decades to honour this date reflects the nation’s complex relationship with its democratic memory.
One of the most momentous successes of Nigeria’s democracy has been the uninterrupted civilian rule over the last two and a half decades. The country has witnessed seven general elections, with power transferring peacefully among different political parties. This is particularly notable considering that prior to 1999, no civilian government had completed a full term without military intervention. The peaceful transitions in 2007, 2015, and 2023 are testaments to Nigeria’s evolving democratic maturity.
Electoral participation, while uneven, has also reflected a level of democratic engagement. In 2003, voter turnout stood at about 69 per cent, but this figure dropped to approximately 34.75 per cent in 2023, according to the Independent National Electoral Commission (INEC). Although the declining turnout raises concerns, it also highlights the increasing expectations of the electorate, who demand credible and transparent elections.
Another area of progress is the growth of a vibrant and free press. Nigerian media has played a crucial role in holding governments accountable and fostering public discourse. Investigative journalism and civil society activism have exposed corruption and human rights abuses. The rise of social media has further expanded the democratic space, enabling young Nigerians to mobilise and advocate for change, as evidenced by the 2020 #EndSARS protests.
Judicial independence has seen mixed results. On one hand, the judiciary has occasionally demonstrated resilience, such as in landmark rulings that overturned fraudulent elections or curtailed executive excesses. On the other hand, allegations of political interference and corruption within the judiciary persist, undermining public confidence in the legal system’s impartiality.
Nigeria’s democracy has also facilitated the decentralisation of power through the federal system. State governments now wield some autonomy, allowing for experimentation in governance and service delivery. While this has led to innovative policies in some states, it has also entrenched patronage networks and uneven development across the federation.
Despite these successes, Nigeria’s democratic journey faces formidable problems. Electoral integrity remains a critical concern. Reports from election observers, including those from the European Union and ECOWAS, frequently highlight issues such as vote-buying, ballot box snatching, and violence. The introduction of the Bimodal Voter Accreditation System (BVAS) and electronic transmission of results in 2023 elections showed promise, but technical glitches and alleged manipulations dampened public trust.
Corruption continues to be a pervasive issue. Nigeria ranks 145th out of 180 countries on Transparency International’s 2023 Corruption Perceptions Index, with a score of 25/100. Democratic institutions meant to check graft—such as anti-corruption agencies and the legislature—often struggle due to political interference and weak enforcement mechanisms.
Security challenges have also strained Nigeria’s democracy. Insurgency in the North East, banditry in the North West, separatist agitations in the South East, and herder-farmer conflicts across the Middle Belt have collectively resulted in thousands of deaths and displacements. According to the Global Terrorism Index 2024, Nigeria ranks as the eighth most impacted country by terrorism. The government’s difficulty in ensuring safety erodes public confidence in the state’s capacity and legitimacy.
The economy poses another critical remonstrance. Nigeria’s Gross Domestic Product (GDP) per capita stands at approximately $2,400 as of 2024, with over 40 per cent of the population living below the national poverty line. High unemployment and inflation have fueled discontent and disillusionment with democratic governance, especially among youth. Without addressing economic grievances, the democratic dividend will remain elusive for many Nigerians.
Ethnic and religious divisions further complicate Nigeria’s democratic consolidation. Politicians often exploit identity politics for electoral gains, exacerbating social tensions. Although federal character principles aim to promote inclusiveness, they have also sometimes fostered a quota mentality rather than merit-based appointments.
Gender representation remains inadequate in Nigeria’s democratic institutions. Women occupy less than 10 per cent of seats in the National Assembly, one of the lowest rates globally. Efforts to pass gender parity bills have faced stiff resistance, highlighting deep-seated cultural and institutional barriers to female political participation.
Civil liberties, while constitutionally guaranteed, are under threat. Crackdowns on protesters, restrictions on press freedom, and surveillance of activists reveal an authoritarian streak within the democratic framework. The controversial Twitter ban in 2021 exemplified the country’s willingness to curb digital freedoms, prompting domestic and international criticism.
The political crisis in Rivers State embodies broader democratic struggles. Attempts to control the state through undemocratic means expose weaknesses in federal institutions and the rule of law. Immediate restoration of democratic governance in Rivers State is vital to preserving Nigeria’s democratic integrity and institutional credibility.
Local governments remain under the control of state governors, depriving citizens of grassroots democracy. Last year’s Supreme Court judgment on local government autonomy is promising, but state-level resistance threatens its implementation. Genuine autonomy would bring governance closer to the people and foster democratic innovation.
As we mark Democracy Day, we must honour the sacrifices of Chief M.K.O. Abiola, Kudirat Abiola, Femi Falana, Chief Gani Fawehinmi, Pa Alfred Rewane, President Bola Tinubu, and countless others, who fought for Nigeria’s freedom. As democracy in Nigeria continues to evolve after 26 years, this day should inspire action toward its renewal. With despotism and state failure as real threats, both citizens and leaders must take responsibility—citizens by demanding more, and leaders by delivering. Excuses are no longer acceptable.
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