United Kingdom Supreme Court has ruled that polluted Nigerian communities can sue oil giant Shell in English Courts.
Around 50,000 people live in Ogale and Bille communities of Nigeria and allege they have suffered systematic oil pollution for years which has impacted their drinking water supply and destroyed livelihoods.
Shell in its defence, did not dispute that pollution had been caused but argued that it could not be held legally responsible for its Nigerian subsidiary and that the pollution was the result of “crude oil theft, pipeline sabotage, and illegal refining”.
It said that it was only a holding company for a firm that should be judged under Nigerian law.
However, communities wanted to bring forward the case against the British-Dutch company in English courts because they believe they will not be able to get justice in Nigeria.
UK Supreme Court has now ruled there is an arguable case that Royal Dutch Shell and its Nigerian subsidiary are legally responsible for the pollution and that it can be brought in front of an English court.
According to BBC Africa, this decision overturns a previous Appeal Court ruling and represents a victory after a five-year legal battle.
This comes barely two weeks after a Dutch Court ruled that the oil giant is liable to pay four farmers in Niger Delta compensation over oil pollution in their communities.
After 13 years of legal wrangling, an appeal court in The Hague ruled on January 29 that Shell’s Nigerian branch must pay out for oil spills on land in two villages.
It also held the Anglo-Dutch parent company Royal Dutch Shell liable for installing new pipeline equipment to prevent further devastating spills in the Niger Delta region.
The case, backed by Netherlands arm of environment group Friends of the Earth, has dragged on so long that two of the Nigerian farmers have died since it was first filed in 2008.
