{"id":50218,"date":"2025-08-05T08:56:09","date_gmt":"2025-08-05T08:56:09","guid":{"rendered":"https:\/\/pakistanintheworld.pk\/live\/?p=50218"},"modified":"2025-08-05T10:10:07","modified_gmt":"2025-08-05T10:10:07","slug":"shell-nigerian-subsidiary-can-be-held-legally-responsible-for-decades-of-oil-pollution-in-the-niger-delta","status":"publish","type":"post","link":"https:\/\/pakistanintheworld.pk\/live\/shell-nigerian-subsidiary-can-be-held-legally-responsible-for-decades-of-oil-pollution-in-the-niger-delta\/","title":{"rendered":"Shell &#038; Nigerian subsidiary can be held legally responsible for decades of oil pollution in the Niger Delta"},"content":{"rendered":"<p data-block-key=\"vhg6a\"><strong><img decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-full wp-image-50248\" src=\"https:\/\/pakistanintheworld.pk\/live\/wp-content\/uploads\/2025\/08\/SHELL-Nigeria-Delta-web.jpg\" alt=\"\" width=\"500\" height=\"323\" srcset=\"https:\/\/pakistanintheworld.pk\/live\/wp-content\/uploads\/2025\/08\/SHELL-Nigeria-Delta-web.jpg 500w, https:\/\/pakistanintheworld.pk\/live\/wp-content\/uploads\/2025\/08\/SHELL-Nigeria-Delta-web-300x194.jpg 300w\" sizes=\"(max-width: 500px) 100vw, 500px\" \/>ISLAMABAD : Monitoring Desk &#8211; In a significant victory for environmental justice, the UK High Court has ruled that Shell and its former Nigerian subsidiary can be held legally responsible for decades of oil pollution in the Niger Delta.<\/strong><\/p>\n<p data-block-key=\"vhg6a\"><span data-huuid=\"1396817240165700171\">This ruling allows the case, brought by two Nigerian communities, to proceed to a full trial, where they will seek compensation and cleanup of the damage caused by Shell&#8217;s operations.\u00a0<\/span><span data-huuid=\"1396817240165700736\"><span class=\"pjBG2e\" data-cid=\"4e1598da-c485-4a5c-89fc-886675668101\"><span class=\"UV3uM\">\u00a0<\/span><\/span><\/span>A trial is set to take place at the High Court in 2027.<\/p>\n<p>The case was brought in 2015 by two Nigerian communities who allege the oil company\u2019s operations in the Niger Delta have caused widespread and ongoing pollution, causing severe health issues and economic hardship. They are seeking compensation from Shell and asking for the companies to clean up the damage caused by the spills.<\/p>\n<p data-block-key=\"opoe\"><b>Claims for legacy pollution<\/b><\/p>\n<ul>\n<li data-block-key=\"2j9tj\">The judge found that a failure to clean up could be an ongoing breach of Shell\u2019s legal obligation to clean up and could create a fresh right to make a legal claim for every day that the pollution remained\u2026<\/li>\n<\/ul>\n<p data-block-key=\"f11io\"><b>Illegal bunkering and refining&#8230;<\/b><\/p>\n<ul>\n<li data-block-key=\"fvgq7\">Shell argued that it could never be liable for pollution arising from bunkering or illegal refining. The judge rejected Shell\u2019s arguments and found that Shell could be liable for damage from bunkering or illegal refining if it failed to protect its infrastructure,\u2026<\/li>\n<\/ul>\n<p data-block-key=\"8k0kc\"><b>Liability of Shell plc<\/b><\/p>\n<ul>\n<li data-block-key=\"7bhkl\">Shell argued at the preliminary issues trial that the Nigerian legal framework prevented claims against its parent company, Shell plc, for oil spills from pipelines. The judge rejected this argument and concluded that Shell plc can still be liable for these spills\u2026<\/li>\n<\/ul>\n<p data-block-key=\"13pik\"><b>Next steps<\/b><\/p>\n<p data-block-key=\"sfpn\">The trial is a significant moment in the legal claim by the Bille and Ogale communities, who have been fighting UK-based Shell plc and oil company Renaissance, formerly Shell Petroleum Development Company of Nigeria Ltd, for a clean-up and compensation since 2015.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"VT1W9icfX6\"><p><a href=\"https:\/\/pakistanintheworld.pk\/live\/nadra-of-pakistan-to-provide-identity-solutions-to-nigerian-nimc\/\">NADRA of Pakistan to Provide Identity Solutions to Nigerian NIMC<\/a><\/p><\/blockquote>\n<p><iframe class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" style=\"position: absolute; clip: rect(1px, 1px, 1px, 1px);\" title=\"&#8220;NADRA of Pakistan to Provide Identity Solutions to Nigerian NIMC&#8221; &#8212; Pakistan In the World\" src=\"https:\/\/pakistanintheworld.pk\/live\/nadra-of-pakistan-to-provide-identity-solutions-to-nigerian-nimc\/embed\/#?secret=xLlrG37fyY#?secret=VT1W9icfX6\" data-secret=\"VT1W9icfX6\" width=\"600\" height=\"338\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\"><\/iframe><\/p>\n<div class=\"row\">\n<div class=\"col-md-7\">\n<p><strong>Shell&#8217;s Stance in the Court<\/strong><\/p>\n<p>Shell told the court it could not be held liable for the oil pollution because most of the spills were caused by criminal activity by third parties or illegal oil refining and occurred outside the five-year limitation period on bringing legal claims. The judge ruled while the legal claims for damage caused by illegal oil refining faced \u2018very significant hurdles\u2019 Shell could be sued over any oil spills that haven\u2019t yet been cleaned up, even if they took place decades ago.<\/p>\n<p>Shell said it welcomed the judgement. \u2018For 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,\u2019 a company spokesperson said.<strong> \u2018This 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.<\/strong> These challenges are managed by a joint venture which Shell\u2019s former subsidiary operated, using its expertise in spill response and clean-up.\u2019<\/p>\n<p><strong>Expert Opinion<\/strong><\/p>\n<p><strong>Experts say<\/strong>\u00a0that the case is part of a growing trend of climate litigation against multinational companies over alleged failures to prevent environmental harms overseas. \u2018Companies are increasingly under pressure to take responsibility, not just for their own operations but also for third parties in respect of human rights and environmental harms,\u2019 says<strong> Lucy Blake, an investigations partner and co-chair of Human Rights and Global Strategy at Jenner &amp; Block in London.<\/strong><\/p>\n<p>Blake says recently introduced corporate due diligence and transparency requirements in the EU are another example of the growing pressure on companies to root out human rights harms and environmental misconduct in their business operations.<\/p>\n<p><strong>Olawuyi, who is also an environmental law professor at Hamad Bin Khalifa University in Qatar,<\/strong> says that domestic courts in Africa are also responding to growing ESG trends noting that the notion of continued liability for business-related pollution was recently recognised by the Kenyan Supreme Court. \u2018As more African countries adopt national action plans on business and human rights, we expect to see even more domestic case law developments that emphasize ESG obligations of businesses and investors,\u2019 he says. \u2018There is a strong business case, in terms of cost, reputation, and effectiveness, for business enterprises, and their lawyers alike, to comprehensively understand and manage the wide range of ESG-related risks across their entire value chains.\u2019<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"hjauJSaC2w\"><p><a href=\"https:\/\/pakistanintheworld.pk\/live\/nigeria-pakistan-cooperation-can-further-be-strengthened-both-on-federal-state-level-governor-borno-professor-babagana\/\">Nigeria Pakistan Cooperation can further be Strengthened both on Federal &#038; State Level &#8211; Governor Borno Professor Babagana<\/a><\/p><\/blockquote>\n<p><iframe class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" style=\"position: absolute; clip: rect(1px, 1px, 1px, 1px);\" title=\"&#8220;Nigeria Pakistan Cooperation can further be Strengthened both on Federal &#038; State Level &#8211; Governor Borno Professor Babagana&#8221; &#8212; Pakistan In the World\" src=\"https:\/\/pakistanintheworld.pk\/live\/nigeria-pakistan-cooperation-can-further-be-strengthened-both-on-federal-state-level-governor-borno-professor-babagana\/embed\/#?secret=a6JudPZsEv#?secret=hjauJSaC2w\" data-secret=\"hjauJSaC2w\" width=\"600\" height=\"338\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\"><\/iframe><\/p>\n<p><strong>Ana\u00efs Tobalagba, senior legal advisor and natural resources lead at Global Rights Compliance,<\/strong> found it notable in the ruling that the judge recognised that under certain circumstances environmental harm could engage the right to life. \u2018That is very much aligned with emerging jurisprudence worldwide, which is taking into consideration the intersection between environmental harm and human rights,\u2019 she says.<\/p>\n<p>Tobalagba says that the decision closely aligns with the UN Guiding Principles on Business and Human Rights which recognise that environmental harm can have significant human rights impacts and that businesses have a responsibility to protect human rights.<\/p>\n<p><strong>Babatunde Ajibade, Chair of the IBA\u2019s Section on Public and Professional Interest<\/strong> who provided expert evidence on Nigerian law in the proceedings, says that one of the reasons the claimants took Shell to court in the UK is because of the perception that the same standards applied to oil companies in other parts of the world, to prevent and address pollution, haven\u2019t been upheld in Nigeria. \u2018A lot of historical pollution has taken place that has not been cleaned up and that continues to cause severe damage to the environment and to the inhabitants that live in those oil producing communities,\u2019 he says.<\/p>\n<p><strong>Ajibade, who is also the managing partner at SPA Ajibade &amp; Co in Nigeria,<\/strong> says that he commends the claimants for their \u2018perseverance\u2019 with the litigation, which has lasted for over a decade. \u2018I salute their efforts, and I urge them to keep at it because what is left to see the claim to a conclusion is much less than what they have been through already\u2019.<\/p>\n<p>Olawuyi says that the continued liability doctrine established in the case could encourage many more Nigerian communities to file claims over legacy oil pollution. \u2018I also expect the implications to be far reaching beyond Nigeria, across Africa and even to other continents where local communities have had to bear the burden of irresponsible business practices for decades,\u2019 he says.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"zpckyZH51U\"><p><a href=\"https:\/\/pakistanintheworld.pk\/live\/pakistan-in-the-world-march-2025\/\">Pakistan in the World \u2013 March 2025<\/a><\/p><\/blockquote>\n<p><iframe class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" style=\"position: absolute; clip: rect(1px, 1px, 1px, 1px);\" title=\"&#8220;Pakistan in the World \u2013 March 2025&#8221; &#8212; Pakistan In the World\" src=\"https:\/\/pakistanintheworld.pk\/live\/pakistan-in-the-world-march-2025\/embed\/#?secret=H6buqjkUVL#?secret=zpckyZH51U\" data-secret=\"zpckyZH51U\" width=\"600\" height=\"338\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\"><\/iframe><\/p>\n<\/div>\n<\/div>\n<p data-block-key=\"sfpn\">\n","protected":false},"excerpt":{"rendered":"<p>ISLAMABAD : Monitoring Desk &#8211; In a significant victory for environmental justice, the UK High Court has ruled that Shell and its former Nigerian subsidiary can be held legally responsible for decades of oil pollution in the Niger Delta. This ruling allows the case, brought by two Nigerian communities, to proceed to a full trial, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":50248,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83],"tags":[452,7392,2399,328,6177,340,665,4586,7393,7394],"_links":{"self":[{"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/posts\/50218"}],"collection":[{"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/comments?post=50218"}],"version-history":[{"count":4,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/posts\/50218\/revisions"}],"predecessor-version":[{"id":50250,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/posts\/50218\/revisions\/50250"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/media\/50248"}],"wp:attachment":[{"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/media?parent=50218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/categories?post=50218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistanintheworld.pk\/live\/wp-json\/wp\/v2\/tags?post=50218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}