Editorial

Holding Shell Accountable

Published

6 years ago

February 19, 2021

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

Kula Tragedy, Needless Loss Of Lives

Published

4 days ago

November 2, 2026

The Tide

The reported drowning of about ten young men in the creeks of Kula, Akuku-Toru Local Government Area of Rivers State, during an alleged confrontation over an oil spill at OML-55 is an avoidable tragedy. What began as a protest against environmental degradation and demands for remediation and compensation ended in a fatal collision between a community boat and a gunboat operated by personnel in military attire. The incident, which occurred amid efforts to halt a commercial vessel, underscores the persistent tensions between host communities and oil operators in the Niger Delta.

According to community accounts, including those of Chief Anabs Sara-Igbe, a former spokesman of the Pan Niger Delta Forum, residents sought to suspend operations pending cleanup and compensation. The arrival of armed personnel reportedly heightened tensions, resulting in the community boat capsizing. Recovery efforts were ongoing when initial reports emerged, while the Nigerian Army’s 6 Division and the Rivers State Police Command had yet to issue formal statements. Such delays in official communication only deepen public anxiety and suspicion.

This unfortunate situation is not an isolated incident. The National Oil Spill Detection and Response Agency (NOSDRA) recorded 4,184 oil spill incidents in Rivers State between 2015 and July 2025, the highest among Nigeria’s states. Nationally, 589 spills were recorded in 2024, releasing approximately 19,000 barrels of crude. Although sabotage and theft account for many incidents, operational failures remain significant. Since commercial oil production began in the late 1950s, millions of barrels have reportedly polluted the Niger Delta, devastating mangroves, fisheries, and livelihoods.

The conduct of some youths in dealing with oil companies requires sober reflection. While grievances over pollution, inadequate remediation, and unfulfilled obligations are legitimate, physically obstructing vessels or confronting armed security personnel rarely produces constructive results. The Ogoni struggle of the 1990s, associated with Ken Saro-Wiwa, demonstrated the power of organised, non-violent advocacy. Subsequent militant violence, however, exacted devastating costs on communities. Youths must, therefore, prioritise dialogue, petitions, traditional institutions, and lawful complaints over dangerous confrontations.

This tragedy could and should have been prevented. Existing laws provide avenues for addressing community grievances. The Petroleum Industry Act (PIA) 2021, for instance, requires settlors to contribute three per cent of their preceding year’s actual operating expenditure in upstream petroleum operations to Host Communities Development Trusts. These trusts are intended to support infrastructure, education, healthcare, and environmental protection, providing structured mechanisms for handling development deficits and community concerns without risking lives.

Oil operators must equally demonstrate restraint and environmental responsibility. Where pollution occurs, as alleged at OML-55, companies must ensure transparent investigation, remediation, and meaningful engagement with affected communities. Deploying armed personnel at the first sign of resistance often escalates disputes rather than resolves them. Host communities are stakeholders, not adversaries, and legitimate environmental concerns must never be treated as threats warranting intimidation or excessive force.

Both sides must respect the rule of law. Youths should avoid dangerous confrontations with armed operatives, particularly on waterways, where accidents can quickly become fatal. Operators, in turn, must not take unilateral actions that disregard community concerns or environmental obligations. Properly implemented, the PIA’s Host Communities Development Trust framework and applicable environmental regulations offer avenues for resolving disputes and grievances.

Regulators, particularly the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and NOSDRA, must act more decisively. Effective monitoring, prompt investigation of spills, and strict enforcement of remediation and compensation obligations would help prevent recurring confrontations. Although improvements in spill management are possible, persistent pollution, unrecovered crude, and community alienation demand stronger institutional commitment. Laws are meaningful only when enforcement delivers tangible results to affected populations.

Security agencies must also establish clear protocols for handling disputes between oil operators and host communities. Reports that uniformed personnel allegedly left the scene after the Kula incident raise serious questions requiring investigation. The police and military must establish what happened, under whose authority the personnel acted, and whether failures of judgment or communication contributed to the tragedy. An independent, transparent inquiry is essential to establish accountability, restore public confidence, and prevent recurrence.

Sustainable peace in oil-producing communities depends on mutual respect, environmental justice, and genuine partnership. Youths must pursue organised, peaceful advocacy; oil operators must prioritise remediation and equitable community benefits; and regulators must ensure that existing laws translate into timely action. Above all, the reported Kula tragedy must not be reduced to another statistic or forgotten after public outrage subsides. Only through accountability, restraint, and institutional diligence can the Niger Delta break free from the destructive cycle of pollution, protest, and preventable death.

Editorial

INEC’s Threat Alert Deserves Urgent Attention

Published

7 days ago

October 30, 2026

The Tide

The Independent National Electoral Commission’s (INEC) disclosure of an alleged plot to target its ad hoc personnel ahead of the 2027 general elections demand urgent national attention. The reported arrest of suspects, with intelligence support from the Department of State Services (DSS), is encouraging, but must not breed complacency. Any attack on electoral workers threatens not only human lives but also Nigerians’ constitutional right to choose their leaders through credible elections. The alleged conspiracy must be thoroughly investigated, its sponsors identified and all those found culpable prosecuted.
Particularly troubling is the reported targeting of National Youth Service Corps (NYSC) members, who play a vital role in Nigeria’s electoral process. Many serve far from home and undertake sensitive assignments at polling units and other electoral locations. As civilians, they should not be exposed to intimidation, abduction or violence without adequate protection. If election workers are vulnerable, the safety of other officials, observers and voters cannot be guaranteed.
Nigeria’s electoral history offers painful lessons. Human Rights Watch reported in Nigeria’s Post-Election Violence, published in May 2011, that more than 800 people died in the violence following the 2011 general elections. NYSC members serving as electoral officials were among the victims. This tragedy underscores the deadly consequences of political tension, incitement and disputed outcomes. Nigeria must act on the latest warning before another preventable disaster occurs.
INEC deserves recognition for uncovering the alleged plot, while the DSS and other security agencies merit commendation for their reported assistance. However, arrests are only the beginning. Investigators must establish the suspects’ identities, motives, networks and intended targets, ensuring that evidence is admissible in court. The process must remain impartial and free from political interference. Credible public updates are also necessary, provided they do not compromise investigations or operational security.
The authorities must adopt a comprehensive, intelligence-led security strategy for 2027. INEC’s proposed security conference should produce practical measures developed in collaboration with the Inter-Agency Consultative Committee on Election Security (ICCES), the police, the DSS and other relevant agencies. Threat assessments should guide personnel deployment, secure transportation, emergency communications, evacuation procedures and rapid response. Protection must extend beyond polling day to the distribution of sensitive materials, collation centres and the safe return of ad hoc personnel.
Those who provide intelligence must also be protected from retaliation. Confidential reporting channels and appropriate safeguards should be established for informants and others assisting investigations. Equally, security deployments must not intimidate voters or facilitate political repression. Personnel should act professionally, impartially and proportionately, within the law. Clear mechanisms for reporting misconduct and investigating abuses are essential to maintaining public confidence.
The threat also highlights broader concerns about trust in the electoral system. The European Union Election Observation Mission’s June 2023 final report identified shortcomings in transparency and operational implementation during Nigeria’s 2023 general elections, alongside concerns about the legal framework and electoral dispute resolution. Credible elections require more than security; they depend on transparent procedures, accountable officials and consistent enforcement of electoral laws. INEC must demonstrate measurable progress in addressing previously identified weaknesses.
Voter apathy presents another challenge. INEC’s published figures indicate that approximately 25 million people voted in the 2023 presidential election, out of about 93.5 million registered voters, a turnout of roughly 26.7 per cent. Although insecurity is not the sole cause of low participation, threats against electoral personnel can heighten public anxiety and discourage voters from exercising their franchise. INEC should strengthen civic education, improve polling accessibility and communicate procedures clearly. Political parties, civil society and the media must promote peaceful participation and reject electoral intimidation.
Misinformation and manipulated digital content pose additional risks. False reports, fabricated announcements and deepfake videos can inflame tensions, impersonate officials and mislead voters. INEC should establish a well-resourced, rapid-response communication system supported by verified digital channels and timely public statements. Collaboration with credible media organisations and fact-checkers would help counter falsehoods without suppressing legitimate criticism. Clear, consistent communication is indispensable, as administrative confusion and delayed explanations often allow rumours to spread.
Electoral integrity must also begin within INEC itself. The chairman’s warning against partisanship, negligence, extortion and ethical misconduct deserves serious attention. Security measures cannot compensate for officials who abuse their positions or disregard established procedures. INEC should strengthen staff training, ensure transparent recruitment and deployment, provide secure channels for reporting misconduct and enforce disciplinary rules consistently. Allegations of bribery and political interference must be investigated regardless of rank, while ad hoc personnel should receive adequate briefing, support and prompt payment.
The legal framework also requires clarity and consistent enforcement. INEC should explain the precise provisions and applicability of Section 26 of the Electoral Act 2026, including the obligations of electoral officials and security personnel, and publish authoritative guidance on neutrality and professional conduct. Complaints by opposition parties that they have been prevented from campaigning in certain states must likewise be investigated impartially. Any established violations should attract appropriate corrective action. Electoral fairness requires not only impartial polling officials but also lawful campaigning, access to competing viewpoints and freedom from intimidation.
The alleged plot against INEC’s ad hoc personnel is a warning against complacency ahead of the 2027 general election. Governments, security agencies, INEC, political parties and civil society must work together to prevent violence, punish misconduct and protect citizens’ participation. The commission should communicate its security priorities, maintain accessible threat-reporting channels and provide periodic updates on preparedness. Nigeria’s democracy cannot be safeguarded by assurances alone; it requires demonstrable preparation, impartial law enforcement and an unwavering commitment to free, fair and credible elections.

Editorial

That Call to End Girl-Child Marriage

Published

2 weeks ago

October 26, 2026

The Tide

Nigeria joined the world in commemorating the International Day of the Girl-Child on 11 March 2026, an observance dedicated to advancing girls’ rights and amplifying their voices. This year’s theme, “End Child Marriage and Invest in Girls’ Rights,” confronts a deep-rooted injustice and demands an end to sacrificing girls’ futures to prejudice and expediency.

The focus is child marriage, not as an unavoidable misfortune but as a preventable injustice. Though prevalent in many societies, the practice remains particularly troubling in parts of northern Nigeria, where it has become normalised. Reports of girls aged 10 to 13 being married off are disturbing. The controversy surrounding a Nigerian senator and former governor who married a 13-year-old girl further exposed the practice to global scrutiny, yet accountability at home appeared limited. When lawmakers disregard the law, society’s moral compass is compromised.

UNICEF’s statistics reveal the scale of the crisis. Globally, an estimated 650 million women and girls alive today were married before turning 18, while more than 12 million girls enter marriage annually before adulthood. In Nigeria, about 33 per cent of girls marry before 18 and 11 per cent before 15. The prevalence reportedly reaches 63 per cent in Jigawa and Zamfara States and 61 per cent in Sokoto and Katsina. These figures represent millions of childhoods interrupted and futures imperilled.

These statistics explain why the United Nations continues to campaign against child marriage and advocate investment in girls. The consequences are devastating. Girls whose bodies are not fully developed face increased risks of maternal death, obstetric fistula, sexually transmitted infections and psychological trauma. The economic cost is equally significant. A 2017 World Bank and International Centre for Research on Women Study estimated that ending child marriage could generate an additional $7.6 billion in earnings and productivity for Nigeria, as early marriage deprives girls of education, skills, and opportunities to contribute to national development.

Educating a woman benefits the entire society. As a mother, she often becomes her children’s first teacher and a vital influence on their character. An educated mother helps raise enlightened children, just as one candle can light many others without losing its flame. Denying women education undermines families and communities. To expect wisdom while deliberately withholding knowledge is to demand the impossible.

Several reasons are offered for marrying off young girls, including economic hardship, cultural practices and religious beliefs. In some households, daughters are treated as commodities, married early so that their bride price can finance their brothers’ education. While boys enter classrooms, their sisters are sent to matrimonial homes. This discriminatory practice is shortsighted, depriving the nation of half its human potential. A country cannot expect to run effectively after deliberately crippling one side of its capacity.

Beyond these justifications lies the entrenched belief that women ultimately belong in the kitchen, regardless of their education. This outdated notion is demonstrably false. Countries where women lead governments, businesses, research institutions and other sectors show what investment in female talent can achieve. Rwanda’s substantial female parliamentary representation is one example. Confining women to domestic roles limits not only their ambitions but also the nation’s progress.

A girl-child must not surrender her childhood to poverty or prejudice. Some traditions discourage women from attaining educational heights comparable to or greater than those of men, driven by the baseless fear that educated women will disrespect their husbands. Such thinking equates enlightenment with insubordination and empowerment with threat. This patriarchal mindset perpetuates inequality and keeps society trapped in backwardness.

Consequently, some parents consider educating their daughters a waste of resources, likening it to watering another man’s garden. This attitude is deeply misguided. Every girl deserves the opportunity to learn, grow and pursue her dreams. Early marriage mortgages her future, stifles her potential and traps her in circumstances she might otherwise overcome. No society can justify sacrificing a child’s prospects to outdated customs or immediate financial gain.

Ending child marriage must, therefore, go hand in hand with investing in girls’ education, safety and rights. Every girl should have the opportunity to realise her potential. This requires more than annual declarations, billboards, posters and seminars held in air-conditioned halls. Awareness without action is like a cloud without rain: promising, yet incapable of nourishing the ground.

The campaign must move beyond tokenism to practical intervention, particularly at the state level, where the problem is acute. Governments should formulate policies that protect girls and make education accessible. Scholarships, bursaries, conditional cash transfers, school feeding programmes and other incentives can help keep girls in school. When education is affordable and adequately supported, more girls can choose the classroom over the bridal chamber.

Civil society organisations, faith-based groups, and traditional institutions must intensify efforts to challenge child marriage and dismantle harmful beliefs disguised as religious or cultural obligations. Parents must also uphold their responsibility to protect and educate their daughters, despite economic pressures. A society that educates its girls invests in its future; one that marries them off in childhood mortgages that future at an incalculable cost.