The UK High Court has ruled that Nigerian fishermen can pursue landmark human rights claims against Shell PLC relating to the alleged breach of the right to a clean environment under Nigerian constitutional law.
Following the court’s decision, 13,000 fishermen from the Ogale and Bille communities in the Niger Delta are one step closer to proceeding with the lawsuit, which is being handled by Leigh Day.
Leigh Day’s statement on Thursday noted extensive environmental damage caused by oil pollution in the region.
The judge, in this case, refused to dismiss the claims, describing the pollution in the Niger Delta as “catastrophically environmentally damaging”.
“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,” commented, Matthew Renshaw, Leigh Day partner.
“During this time, Shell has repeatedly resorted to using technicalities to try to block and delay our clients’ claims.”
Shell, however, countered that the claimants have not pinpointed the specific oil spills responsible for their damages, emphasising the prevalence of oil theft and criminality in the Niger Delta as major pollution contributors.
“Oil is being stolen on an industrial scale in the Niger Delta,” Shell said.
“This criminality is a major source of pollution and is the cause of the majority of spills in the Bille and Ogale claims.”
This High Court decision contrasts with a UK Supreme Court earlier this year that dismissed claims against Shell over the 2011 Bonga oil leak, one of the largest spills in the Nigerian region’s history.
The spill, which released 40,000 barrels of crude oil, was termed an “environmental catastrophe” by nearly 28,000 Nigerian plaintiffs, who sought to hold Shell accountable for the extensive damage and billions of dollars in losses.
