Nigeria is one of the big exporters of crude oil in the world. In fact, most of the government’s foreign exchange earnings come from this industry. However, while the government plies this trade, the residents of the Niger Delta region, where this mineral is mined, bears the brunt of it. Oil spillage is one of the issues that multinationals such as Shell has been battling with. And while there has been calls and promises to clean up the region, nothing much has been done.
Locals lose their livelihoods to these spillages. They cannot farm, neither can they fish in the rivers. It is not uncommon for residents to find their rivers brimming with crude oil, rendering their fishing occupation useless. Because of this, these communities have teamed up for years and sued one of the multinational oil companies, Shell, in the United Kingdom, especially when many of the big players have announced that they would exit the region soon. The communities demanded that before they exit the region, the companies should pay any outstanding compensation for the environmental degradation they have caused.
Too late to file over a 2011 offshore spill.
A UK law firm had announced in February 2023 that claims had been filed on behalf of more than 11,000 people from the Ogale and Bille Communities in the Niger Delta region against Shell for compensation for loss of livelihoods and damage. The firm said that the claims say oil spills resulting from Shell’s operations in the Niger Delta have destroyed farms, contaminated drinking water and harmed aquatic life. The latest step was to test whether multinational companies can be held to account for the actions of their oversea subsidiaries.
Meanwhile, in a case that is one of a series of legal battles that Shell has been fighting in London courts, the United Kingdom’s Supreme Court has ruled that it was too late for the claimants to sue two Shell subsidiaries over a 2011 offshore oil spill. The matter was that an estimated 40,000 barrels of crude had leaked on December 20, 2011 when a tanker was loaded at Shell’s Bonga oilfield, 120km (75 miles) off the coast of Nigeria’s Niger Delta.
Court refused to look at evidence presented by either side.
Shell disputed the allegations and said the Bonga spill was dispersed offshore and did not impact the shoreline. However, a panel of five Supreme Court justices unanimously rejected the claimants’ argument that the ongoing consequences of the pollution represented a “continuing nuisance.” According to Reuters, the court refused to look at the evidence supporting either side’s assertions or make a ruling on the issue. It only decided the legal point of nuisance. Justice Andrew Burrows, as he delivered the ruling, said, “The leak was a one-off event or an isolated escape and the pipe was no longer leaking after six hours.”
About 27,800 people and 457 communities living in the delta have been trying to sue Shell. They said the leftover slick polluted their lands and waterways and damaged their farming, fishing, drinking water, mangrove forests and religious shrines. The situation in the region is so bad that the average life expectancy in the region is 41 years, which is 10 years lower than the national average. The UK courts have previously ruled against Shell in another case involving pollution in the Niger Delta.
Illegal third-party interference responsible for spills, Shell had claimed.
Previously, the UK Supreme Court had allowed a group from the Ogale and Bille communities to sue Shell over spills, and that case is currently through the High Court. At that time, Shell said it was not responsible for most of those spills and said they were caused by illegal third-party interference. The company said it believed litigation does little to address the real problem in the region. “Oil spills occur due to crude oil theft, illegal reining and sabotage, with which SPDC is constantly faced and which cause the most environmental damage,” according to a Shell spokesperson.
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UK court rules against N’Delta communities – The Supreme Court said the Nigerian claimants sued the multinational late. – Express your point of view.
This is just saying the suit filed is already statute barred. It has taken time for Niger Delta community before they could take the matter to court. I will advise them to explore negotiation and mediation with the oil companies.
The case may have been dismissed or ruled against the claimants due to the timing of the lawsuit. This could mean that the statute of limitations or other legal deadlines for filing a claim had passed, or the delay affected the credibility of the case. Alternatively, there may have been other factors at play, such as insufficient evidence or failure to meet legal requirements. It is important to note that the specifics of the case and the reasoning behind the ruling may vary, and further context may be necessary to make an informed assessment.
The multinational was sue late, Nigeria claimants should have sue them early and following the right way in doing so now because the sue was late the ruling was against them is better they find another to settle it
The suing must have been in the right time, if it was in the right time and is not late the court might not rule against the Nigeria claimants they should look for other option to settle it
Nigeria is one of the big exporters of crude oil in the world yet nothing to show for it, not even constant electricity. Nigeria government is not trying at all. They don’t even care about it citizens
Nigeria doing well when it comes to crude oil exportation. But fuel is not enough in Nigeria, More expensive. Nigeria government…
Oil spillage is one of the issues that multinationals such as Shell has been battling with. Shell have to make sure that the area’s they make use of is well secured and well clean up
It will be difficult for the N’Delta communities to have the UK court rule in their favour since the involvement of third party has cause most of the linkages due to theft and vandalism.
The third party part that is involve in oil theft has cause UK court rules against the claim of the N’Delta communities against Shell.