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Polluted N’Delta Communities Can Sue In English Courts, UK S’Court Rules
The United Kingdom’s Supreme Court has ruled that oil-polluted Niger Delta communities can sue Shell subsidiaries in Nigeria in English courts.
The decision is a victory for the communities after a five-year battle, and overturns a Court of Appeal ruling.
The Niger Delta communities, with a population of well over 35million people say decades of pollution and degradation have severely affected their lives, health and local environment.
The oil giant had argued that it was only a holding company for a firm that should be judged under Nigerian law.
However, the Supreme Court, the UK’s final Appeal Court for civil cases, ruled that the cases brought by the Bille community and the Ogale people of Ogoniland against Royal Dutch Shell were arguable and could proceed in the English courts.
Both communities in Rivers State amass a population of approximately 48,000 people.
While Bille is located in the heartland of the Kalabari Kingdom, a predominantly riverine area; the Ogale community is situated in Eleme LGA, one of the four Ogoni LGAs in the state, captured by the United Nations Environment Programme (UNEP) scientific study of over 50 years of oil pollution in the Ogoniland.
Royal Dutch Shell did not dispute that pollution had been caused, but argued that it could not be held legally responsible for its Nigerian subsidiary.
Shell is responsible for about 50 per cent of the Nigeria’s oil production.
Last year, the Court of Appeal agreed with the company, but the Supreme Court said, last Friday that that decision was flawed.
The communities, represented by law firm Leigh Day, argued Shell owed a common law duty of care to individuals who had suffered serious harm as a result of the systemic health, safety and environmental failings of one of its overseas subsidiaries.
In 2011, the UN concluded that it would take 30 to 35 years to clean-up the vast amounts of pollution in the Niger Delta.
The Ogale community of about 40,000 people are mostly fishermen or farmers who rely on Ogoniland’s waterways.
Conversely, Bille community has an approximately 8,000 people in the coastal fringes of Rivers State.
But pollution has all but destroyed fishing, turning their lush home into a toxic wasteland.
There have been, at least, 40 oil spills from Shell’s pipelines since 1989, lawyers say Shell’s records reveal.
The UN scientists have found an 8cm (3 inch) layer of refined oil floating on top of water that supplies the community’s drinking wells – vastly higher than is legally permitted.
The water is now too dirty for people to drink.
Despite promises to provide clean water, people must often either shell out for bottled water or drink from contaminated sources.
Thick crusts of ash and tar cover the land where oil spills have caused fires.
Planting new vegetation to replace burnt crops or plants is almost impossible.
A farmer, Damiete Sanipe, described the area as a wasteland where the trees and the mangrove have been destroyed.
“The habitat is gone; the river we used to swim in is gone. For a coastal community whose life revolved around the water, it’s all gone.
“I don’t think money can bring back what we have lost. Even if they want to revive the mangrove, it will take more than 30 years which is a long time.”
On Friday, Leigh Day lawyer, Daniel Leader, said the ruling was a “watershed” for “impoverished communities seeking to hold powerful corporate actors to account”.
The firm said the amount of compensation sought had yet to be determined.
In a statement, Shell said, “The spills at issue happened in communities that are heavily impacted by oil theft, illegal oil refining, and the sabotage of pipelines.”
It said that, despite the causes of the pollution, its subsidiary had worked hard to both clean-up and prevent spills.
It’s the latest in a run of international and domestic law suits over Shell’s oil extraction in Nigeria.
In 2015, it accepted responsibility for two spills and agreed to pay £55million ($76million) to the Bodo community and assist in the clean-up.
In 2006, a Nigerian court ordered the company and partners to pay $1.5billion to the Ijaw people of Bayelsa State for environmental degradation in the area.
In an ongoing civil case, the widows of four environmental activists executed by Nigeria’s military regime in 1995 are suing Shell for allegedly providing support to the military.
The Shell denies the claims.
The decision, last Friday, is the latest case to test whether multinational companies can be held accountable for the acts of overseas subsidiaries.
Reacting, Amnesty International welcomed the ruling.
The Director of Amnesty International’s Global Issues Programme, Mark Dummett, said the fight had not yet been won, but added, “This landmark ruling could spell the end of a long chapter of impunity for Shell and for other multinationals who commit human rights abuses overseas.”
Leigh Day also represented 2,500 Zambian villagers in their pollution case against UK-based mining giant Vedanta Resources.
Last month, the Supreme Court ruled in their favour, and they won an undisclosed settlement.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.