High Court Decision Opens the Door for Thousands to Seek Justice for Environmental Devastation in the Niger Delta
In a landmark decision, the high court in London has granted over 13,000 Nigerian farmers and fishers the right to bring human rights claims against Shell for chronic oil pollution and the resulting devastation of their communities in the Niger Delta. Mrs Justice May ruled that the villagers were entitled to pursue legal action against Shell, asserting that the alleged breaches of their right to a clean environment were arguable under the Nigerian constitution and the African Charter on Human and Peoples’ Rights.
Shell’s Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC), accepted responsibility for spills and compensated affected parties in accordance with Nigerian regulations. However, Shell plc denies a direct duty of care to the claimants. The court emphasized that claims under the right to a clean environment have no limitation period. Despite Shell’s assertion that the claimants failed to identify specific spills causing damage, the ruling sets the stage for a trial to address the villagers’ demands for a comprehensive cleanup and compensation. The case has endured an eight-year legal battle, with the latest judgment marking a significant milestone in the pursuit of justice for the impacted Nigerian communities.
