Shell Nigeria is liable for oil spills in Nigeria and the oil company has to pay compensation to four duped Nigerian farmers. This was determined by the court in The Hague in a case brought by the four farmers, supported by Milieudefensie.
The amount of the compensation will be determined at a later session. According to the court, the parent company, the British-Dutch multinational Shell, is only liable on one point. The international concern must do more to prevent new leaks by ensuring that a leak detection system is installed in one of the pipes.
Crying with happiness
There are regular oil spills in the Niger Delta in southern Nigeria. As a result, the four Nigerians lost their agricultural land or the area where they could fish about 15 years ago.
Friends of the Earth Netherlands is delighted with the decision on appeal. “It was not allowed because of corona, but we almost hugged each other. Tears running down our faces,” says director Donald Pols. “After thirteen years of fighting for their rights, the farmers have finally won.”
The ruling could also affect other Nigerians who have been duped by the oil spills. And according to Milieudefensie, the consequences are even broader. “I can guarantee you that there will be a number of crisis meetings in the boardrooms of multinationals this afternoon, because they are no longer allowed to violate the rights of people in developing countries.”
Milieudefensie’s lawyer Channa Samkalden now wants to talk to Shell about a quick settlement of the compensation. “I hope that Shell will now adopt a different attitude and that we can quickly achieve a satisfactory result.”
In the middle, Milieudefensie director Donald Pols and to his right lawyer Channa Samkalden
ANP
In 2013, a lower court already ruled that one of the four farmers should receive compensation from that subsidiary. The three others did not receive it. That court also ruled at the time that only Shell Nigeria was liable and therefore not the British-Dutch parent company. Both Shell and the farmers appealed after that decision.
Oil thieves
Shell said during the trial that the spills are caused by some residents and local gangs, who are deliberately making holes in the pipes to steal the oil. Shell’s parent company also said it is not directly responsible, as day-to-day management is in the hands of subsidiary Shell Nigeria.
Shell’s claim that the spills are caused by oil thieves, the court calls “the most likely hypothesis,” but because hard evidence is lacking, the oil company is still liable.
The oil company is disappointed about this. “We continue to believe the spills are caused by sabotage,” said a statement. “Regardless of the causes, we continue to clean areas after spills.”
The farmers and Milieudefensie are not right in their claim that the remediation of the polluted areas is inadequate. According to the court, the level of pollution after the remediation was back within the norms. It is possible, however, that an amount is included in the compensation for further restoration of the contaminated soil.
One of the affected farmers, Chief Fidelis Oguru, shows that he and his fellow villagers are still suffering from the 2005 oil spill:
