Nigerian communities set to have oil pollution High Court claims tried in 2027
Members of the Bille and Ogale communities in the Niger Delta, which have a combined population of around 50,000, are suing Shell plc and a Nigerian-based subsidiary of the company, the Shell Petroleum Development Company of Nigeria, which is now the Renaissance Africa Energy Company.
The two communities began legal action in 2015, claiming they have suffered systemic and ongoing oil pollution for years due to the companies' operations in the African country, including pollution of drinking water.
They are seeking compensation and asking for the companies to clean up the damage caused by the spills.
The companies are defending the claims, saying that the majority of spills are caused by criminal acts of third parties or illegal oil refining, for which they are not liable.
On Friday, Mrs Justice May ruled on more than 20 preliminary issues in the claims, following a hearing held in London over four weeks in February and March.
She said that 'some 85 spills have, so far, been identified', but added that the case was 'still at a very early stage'.
Her findings included that Shell could be sued for damage from pipeline spills caused by third parties, such as vandals, in efforts to steal oil, a process known as bunkering.
She also said that while there was a five-year limitation period on bringing legal claims, a 'new cause of action will arise each day that oil remains' on land affected by the spills.
The cases are due to be tried over four months, starting in March 2027.
Reacting to the ruling, the leader of the Ogale community, King Bebe Okpabi, said: 'It has been 10 years now since we started this case, we hope that now Shell will stop these shenanigans and sit down with us to sort this out.
'People in Ogale are dying; Shell need to bring a remedy.
'We thank the judicial system of the UK for this judgment.'
Matthew Renishaw, international development partner at law firm Leigh Day, which represents the claimants, said: 'This outcome opens the door to Shell being held responsible for their legacy pollution as well as their negligence in failing to take reasonable steps to prevent pollution from oil theft or local refining.'
He continued: 'Our clients reiterate, as they have repeatedly for 10 years, that they simply want Shell to clean up their pollution and compensate them for their loss of livelihood.
'It is high time that Shell stop their legal filibuster and do the right thing.'
A Shell spokesperson said that the company welcomed the judgment.
They said: 'For many years, the vast majority of spills in the Niger Delta have been caused by third parties acting unlawfully, such as oil thieves who drill holes in pipelines, or saboteurs.
'This criminality is the cause of the majority of spills in the Bille and Ogale claims, and we maintain that Shell is not liable for the criminal acts of third parties or illegal refining.
'These challenges are managed by a joint venture which Shell's former subsidiary operated, using its expertise in spill response and clean-up.
'The spills referenced in this litigation were cleaned up by the joint venture regardless of the cause, as required by Nigerian law, working closely with government-owned partner NNPC Ltd, Nigerian government agencies and local communities.
'Clean-up certificates were issued by the Nigerian regulator NOSDRA.'
The High Court and the Court of Appeal ruled in 2017 and 2018, respectively, that there was no arguable case that Shell owed the claimants a duty of care, but the Supreme Court ruled in 2021 that there was a 'real issue to be tried'.
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