More than a thousand Nigerian residents can pursue a class action lawsuit against British energy giant Shell over chronic oil pollution of their water supply and the destruction of their way of life, the High Court in London has ruled.
The 13,000 fishermen from the Niger Delta communities of Ogale and Bille argue that the oil spills have "devastated the area," leaving them without clean water and unable to farm or fish, and are demanding clean-up and compensation from Shell.
Leigh Day, the law firm representing the Nigerians, described the London court's ruling as an important moment in the struggle of local communities since 2015 to hold the energy giant accountable.
"This ruling is a significant moment in the eight-year battle by the Ogale and Bille communities to get Shell to take responsibility for the oil pollution that has blighted their land. During this time, Shell has repeatedly resorted to using technicalities to try to block and delay our clients’ claims," the law firm said in a statement.
Leigh Day added that under the Nigerian constitutional law, Shell can no longer claim that it is not liable for the pollution, as there is no statute of limitations on such claims.
"We now hope to move without further delay towards a trial where our clients’ claims for a full clean-up and compensation for the destruction of their way of life can be fully heard," the firm concluded.
Shell, for its part, said that oil theft "on an industrial scale" was at the root of pollution in the Niger Delta. The company added that the court ruled that the plaintiffs failed to identify the specific spill or spills that caused the damages.
A hearing on the remediation and compensation of the two settlements will be held at the UK High Court on December 12 and 13, 2023.
The case followed a decision by the UK Supreme Court, which in 2021 rejected an application by Nigerians to sue Shell for pollution from 2015. The court then dismissed arguments that an offshore oil spill had affected communities and that the oil giant could still be held liable for oil spills.
One of the largest oil spills occurred in Nigeria in late July this year and came from the Trans-Niger Pipeline operated by Shell, the National Oil Spill Detection and Response Agency (NOSDRA) told the media.
According to Idris Musa, the Director General of NOSDRA, the spill was contained, but the clean-up of the spill on farms and in the Okulu River, which flows through the communities, was stalled.
In 2020 and 2021, NOSDRA recorded a total of 822 oil spills that released 28,003 barrels into the environment.