Global Courant 2023-05-12 14:52:35
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On May 11, 2023, the UK Supreme Court ruled that residents of Nigeria’s Niger Delta could no longer bring pollution claims against Shell after a massive oil spill more than a decade ago. Earlier decisions that the plaintiffs had failed to meet the legal deadline for filing their claims were upheld by the ruling.
The plaintiffs argued that the 2011 oil spill from the Bonga oil field, in which 40,000 barrels of crude oil spilled into the Gulf of Guinea, was an “ongoing nuisance” and sought to appeal decisions by two lower courts. The Supreme Court, on the other hand, rejected these arguments, stating that the spill was a “single event or isolated escape” that did not meet the legal definition of a persistent nuisance.
While the Supreme Court acknowledged that the 2011 spill was one of the largest in the history of Nigerian oil exploration, it rejected claims that it had not been removed or cleaned up. The court ruling does not affect a separate legal action against Shell for other spills.
Shell applauded the Supreme Court’s ruling, stating that it was clear from the outset that the claims were unfounded and had been submitted completely late. The spill was “deeply regrettable” according to a Shell spokesperson, but was quickly contained and cleaned up off the coast.
When contacted by AFP, plaintiffs’ lawyers declined to comment.
Nigeria, Africa’s largest producer of crude oil, has struggled with oil spills for decades. Following a Supreme Court ruling in February 2021 that more than 50,000 people in the Niger Delta region could bring pollution claims to English courts, Shell is facing a separate pending court case in the UK. The decision overturned a 2017 decision against the Ogale and Bille communities, which had filed legal claims for cleanup and compensation after decades of repeated spills in the crude oil-rich region.
The legal battle in Nigeria over oil spills highlights the ongoing conflict between multinational corporations and the local communities affected by their activities. Oil exploration and production have caused significant environmental damage to the Niger Delta region, with serious consequences for the health of residents and devastating effects on the region’s ecosystem.
While the justice system enables affected communities to seek justice and compensation, the high burden of proof and lengthy legal processes can make access to justice difficult for individuals and communities. In addition, multinationals often have significant resources and legal expertise at their disposal, enabling them to challenge claims and delay legal proceedings.
Attempting to address the environmental and social impacts of oil exploration and production in Nigeria requires more than legal action. Governments, civil society organizations and businesses must work together to create equitable long-term solutions that protect the environment while promoting the well-being of local communities. This includes funding initiatives to reduce dependence on fossil fuels, promote responsible business practices and help affected communities develop resilience and adaptability to environmental and social change.
Shell wins lawsuit over Nigerian oil spill
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