Four Nigerian farmers and Dutch environmental NGO win landmark oil-spill court case against Shell

In a historic ruling against the oil giant Shell, a court in the Netherlands finds in favour of four Nigerian farmers along with environmental activists in oil spill case first filed in 2008.

Milieudefensie and Nigerian farmers win landmark court case against Shell

Multinational oil and gas giant Royal Dutch Shell has breached its duty of care by not doing enough to prevent oil spills, and Shell Nigeria has to compensate 3 of the 4 Nigerian plaintiffs for the damage they suffered from the spills. This is what the Dutch higher court decided today (Friday 29 January 2020), in a groundbreaking case launched 13 years ago by Milieudefensie (Friends of the Earth Netherlands), and 4 Nigerian farmers. It is the first time that a court has held a Dutch transnational corporation accountable for its duty of care abroad.

Milieudefensie and Nigerian win landmark court case against Shell

For decades, millions of people living in the Niger Delta have been suffering the consequences of large-scale oil pollution. Every year, 16,000 babies die as a result of the pollution, and life expectancy in the Delta is 10 years less than in the rest of Nigeria. Milieudefensie’s lawsuit revolves around pollution from leaks of Shell oil in three villages, which has rendered local people’s fields and fish ponds unusable. The leaked oil was never thoroughly cleaned up and new oil spills still occur regularly.

Channa Samkalden, the lawyer for the Nigerian farmers and Milieudefensie said:

"After years of litigation there is finally justice for many of my clients, only the case in Ikot Ada Udo is still ongoing. Not only is Shell liable for the oil spill and my clients will get what they are entitled to, this case also shows that European companies must behave responsibly abroad."

Donald Pols, director of Milieudefensie / Friends of the Earth Netherlands said:

"This is fantastic news for the affected farmers. It is enormous that Shell has to compensate for the damage. This is also a warning for all Dutch transnational corporations involved in injustice worldwide. Victims of environmental pollution, land grabbing or exploitation now have a better chance to win a legal battle against the companies involved. People in developing countries are no longer without rights in the face of transnational corporations."

Regulation of transnational corporations needed

The Nigeria case has lasted almost 13 years, which shows how difficult it is for victims of harm by the business activities of transnational corporations to obtain justice, says Friends of the Earth Netherlands. Friends of the Earth calls for ambitious European and international legislation to hold businesses accountable for harms overseas. Thousands of European citizens are participating in an online action that calls on the European Commission to introduce binding due diligence legislation.

Daily oil spills in Nigeria

Despite decades of promises, projects, reports and other lawsuits, the Niger Delta remains heavily polluted. Oil spills are the order of the day. Even the cleanup operation that the Nigerian government, Shell and others were to start is still not functioning after 10 years of promises and preparations. Sabotage sometimes appears to be caused by Shell employees, according to a report by Milieudefensie and Friends of the Earth Nigeria. 

Source: Milieudefensie.nl 

It’s not the only international case being brought against Shell by Friends of the Earth

Forbes reported that Shell will pay an unspecified amount in damages to the farmers, who claimed the spills had ruined the livelihoods of villagers in the area. The company was also ordered to install leak detection equipment in its pipelines.

One of the Nigerian plaintiffs, Eric Dooh from the village of Goi, told the media: “Finally, there is some justice for the Nigerian people suffering the consequences of Shell’s oil. It is a bittersweet victory, since two of the plaintiffs, including my father, did not live to see the end of this trial. But this verdict brings hope for the future of the people in the Niger Delta.”

It’s not the only international case being brought against Shell by Friends of the Earth. In December, in a first-of-its-kind case, lawyers for the environmental charity opened a lawsuit that alleges Shell is failing to take action to cut carbon emissions in alignment with Paris Agreement targets. This, the lawsuit claims, is a human rights violation. Should the court find against Shell, the company could be ordered to reduce its emissions by 45% by 2030. A ruling in that case is expected in May.

According to Reuters, Shell settled a similar case in a British court in 2015, agreeing to pay 70 million euros ($85 million) to members of the Niger Delta Bodo community.

Source: Forbes