*Judge Says Shell, Subsidiaries Can Be Sued For Liability
Residents of two Nigerian communities, Bille and Ogale, both in Rivers State, who are taking legal action against Shell over oil pollution are set to take their cases to trial at the high court in 2027.
Ogale is located in Eleme Local Government Area, and Bille is in Degema Local Government Area.
In 2021, the UK Supreme Court ruled that Shell’s parent company could potentially be held liable for environmental damage to both communities.
Members of both communities in the Niger Delta, which have a combined population of about 50,000, are suing Shell 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 the legal action in 2015, claiming they had suffered systemic and ongoing oil pollution for years due to the companies’ operations, including the pollution of drinking water.
They are seeking compensation and asking for the companies to clean up damage caused by the spills.
The companies are defending the claims, saying that the majority of spills are caused by the 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 after 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.”
A Shell spokesperson said that the company also welcomed the judgment.
The firm 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.”
