Lawyers representing the Ogale and Bille communities in Nigeria’s Niger Delta are set to argue in the UK Supreme Court that Shell Plc must be held accountable for extensive pollution caused by its subsidiary, Shell Petroleum Development Company of Nigeria (SPDC).
The case, scheduled for a hearing on June 23, 2020, follows decades of oil spills that have contaminated water wells, destroyed mangrove ecosystems, and harmed livelihoods, as documented in a landmark 2011 UNEP report.
Scale of Environmental Damage
The 2011 United Nations Environment Programme (UNEP) report detailed severe contamination in Ogoniland, with benzene in Ogale’s groundwater at 900 times WHO safety levels, posing cancer risks, and 13,000 hectares of Bille’s mangrove swamps decimated, crippling fishing and farming.
UNEP estimated a 30-year cleanup requiring an initial $1 billion (£800 million) fund, to be paid by oil companies like Shell, the largest operator in the region.
A 2020 report by Friends of the Earth and Amnesty International found only 11% of contaminated sites under cleanup, with no site fully remediated.
According to Shell’s records, at least 40 oil spills from its pipelines and equipment have affected Ogale and Bille since 1989, including 23 spills since 2016.
The communities, represented by Leigh Day, allege “systematic failures” by Shell to prevent or remedy spills, causing “devastating damage” to land and water sources.
Legal Battle and Shell’s Defense
Leigh Day argues that Shell, headquartered in London with assets over $400 billion, exercises sufficient control over SPDC to be liable for its environmental failures.
The UK High Court in January 2017 and the Court of Appeal in 2018 ruled Shell was not responsible, citing its status as a holding company.
The Supreme Court appeal challenges this, seeking to establish Shell’s duty of care under UK law, citing the precedent of Lungowe v Vedanta (2019).
Shell denies liability, attributing most spills to crude oil theft, pipeline sabotage, and illegal refining, which it claims are the primary pollution sources in the Niger Delta.
It argues Nigeria’s courts, not UK ones, should handle the claims and disputes UNEP’s findings, stating SPDC has acted on and completed most recommendations directed at it.
“Litigation in courts unfamiliar with the realities on the ground does not address the issue of criminal interference,” Shell said in a statement.
Community Voices and Cleanup Failures
King Bebe Okpabi of Ogale, a claimant in the case, said, “We have always been adamant that the only hope for the people of Ogale to get justice for decades of pollution visited upon us by the acts of Royal Dutch Shell is through the courts of the United Kingdom.”
Due to Covid-19 restrictions, community members cannot attend the hearing.
The Nigerian government’s Hydrocarbon Pollution Remediation Project (HYPREP), established in 2012, has been criticized for slow progress, with minimal cleanup achieved by 2020 despite Shell’s contributions.
Broader Implications
The case could set a precedent for holding multinational corporations accountable for subsidiaries’ environmental and human rights violations globally.
A 2020 report by Friends of the Earth and others urged the UK and Netherlands, where Shell is co-headquartered, to enact legislation mandating companies to uphold human rights and environmental standards.
Richard Hermer QC, representing the communities, told the Supreme Court, “These are multiple spills over a number of years causing devastating damage… Systematic failures either to stop devastating oil spills or remedy their profound impact.”
As the hearing unfolds, the Ogale and Bille communities continue to face health risks from contaminated water and lost livelihoods, underscoring the urgency of addressing Shell’s legacy of pollution in the Niger Delta.
