Shell In British High Court Battle With Nigerian Fishermen

Shell In British High Court Battle With Nigerian Fishermen

By James Simons-

Britain’s High Court is to rule on a case brought by thousands of Nigerian fishermen who say their livelihoods were “devastated” by oil spills for which the international giant Shell is culpable.

The complainants in the case include the Ogale community of Ogoniland, described by the UN’s environment programme as in need of “the most wide-ranging and long term oil clean-up exercise ever undertaken”.

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Nigerian fisherman

In a separate lawsuit by fishermen of the Bille Kingdom in the Niger Delta, similar claims have been made against Shell. The complainants claim they have suffered immeasurable losses and inconvenience as a consequence of the oil spills.  Shell Petroleum Development Company of Nigeria (SPDC), a subsidiary of UK-based Royal Dutch Shell (RDS), is responsible.

British law firm Leigh Day is representing both communities and say the claims are over “extensive environmental damage caused by oil pollution”.
Lawyers for Shell argue that the company is not culpable for the impacts of pipeline sabotage and illegal refining activities in an area riddled by active fighting between militant groups and the Nigerian government.

 Shell Claim Issue Is Nigerian Problem

Shell in their defence argues that the issue is “a uniquely Nigerian problem” and should be dealt with in the Nigerian court system. However, the complainants believe the British High Court is the safest and most credible court for the dispute to be heard.
His Royal Highness Emere Godwin Bebe Okpabi, the tribal king of the Ogale community, told the eye of media.com that the Nigerian justice system cannot be trusted to deliver a fair outcome. ”Britain is the only place we can get justice”, he said  The problem has become so convoluted, and the complexity and sometimes unreliability of the Nigerian justice system makes the British High Court the best place for justice.
Richard Hermer QC, representing both fishermen complainant’s from the Nigerian community he said the claimants held both Nigeria-based SPDC and RDS in the UK responsible, and that there is a “real risk” that the claimants would “not obtain substantial justice if they are required to litigate their claims in Nigeria”.
Daniel Leader from the UK Leigh Day Law firm said in a statement before the hearing: “Oil spills from Shell’s oil pipelines have blighted the lives of the thousands of Nigerians who live in Ogale and Bille.”
 “It is clear to the claimants that Royal Dutch Shell is ultimately responsible for failing to ensure that its Nigerian subsidiary operates without causing environmental devastation which vastly affects the fishermen’s livelihoods
“It is time for Shell to clean up their act in Nigeria. At the moment these communities have no choice – they have to take them to court to get them to act.The British High Court has several facts to examine and lots of conflicting information to rule upon.

British High Court Is Final Judge for Shell

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Mining for black gold

The British high Court will be the final judge in what will be a decisive and dramatic case. The eye of media.com has heard that the conflicts over oil in Nigeria have been bloody and extensive with several lives lost in the last decade. Nigeria is Africa’s richest oil country despite a high poverty rate in a rich country that boasts several wealthy individuals and natural resources.

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Oil remains one of the most lucrative source of income for Nigerians, with exploitation,  betrayals, and killings, an inevitable part of the package, according to a BBC source in Nigeria who did not want to be named. ” The  extent of conflict, jealousy, exploitation and distrust is unbelievable, the source- an investigative British journalist based in Nigeria told the eye of media.com.
The British High Court will hopefully solve the issue for the fishermen, though all that is within the remit of the British High Court is to determine whether any blame belongs to Shell. However, the conclusive details of the judge’s ruling will provide some light into where the real blame lies and what steps needs to be taken to address them in future.