Niger Delta Oil Spills: International Court orders Shell to compensate communities

The Appeal Court sitting at Hague in the Netherlands has ordered Royal Dutch Shell to pay commensurate compensation to victims of two oil-polluted communities in the Niger-Delta.

Two separate oil spills from a Shell facility occurred in 2004 and 2008, polluting several fishing communities in the Niger Delta.

Four fishermen from the impacted villages of Ikot Ada Udo, in Akwa Ibom state; Goi in Rivers state, and Oruma in Bayelsa State sued Shell in the Netherlands.

The judgment which was monitored virtually from Lagos by Gentechnews in this case of four fishermen/farmers and Milieudefensie vs. Royal Dutch Shell and Shell Petroleum Development Company Limited, revealed that the relief sought included a declaration of Shell liability to the spills and destruction of fishponds being the source of income for the litigants.

In the verdict delivered Friday at the Court of Appeal in The Hague, the appeals judge sided with the farmers in finding Shell’s Nigerian subsidiary responsible for four out of six pipeline leaks covered by the lawsuit, as well as declaring that the parent company, Royal Dutch Shell, had violated its duty of care.

Shell will pay an unspecified amount in damages to the farmers, who claimed the spills had ruined the livelihoods of villagers in the area. The company was also ordered to install leak detection equipment in its pipelines.

One of the Nigerian plaintiffs, Eric Dooh from the village of Goi, told the media: “Finally, there is some justice for the Nigerian people suffering the consequences of Shell’s oil. It is a bittersweet victory, since two of the plaintiffs, including my father, did not live to see the end of this trial. But this verdict brings hope for the future of the people in the Niger Delta.”

Friends of the Earth Netherlands, which helped to bring the case, said the verdict “exceeds all expectations.” Director Donald Pols said: “This is fantastic news for the affected farmers … This is also a warning for all Dutch transnational corporations involved in injustice worldwide. Victims of environmental pollution, land grabbing or exploitation now have a better chance to win a legal battle against the companies involved. People in developing countries are no longer without rights in the face of transnational corporations.”

Royal Dutch Shell said in a statement that it was “disappointed” by the verdict. The company claims that the leaks were caused by sabotage.

Friends of the Earth said it was the first time a Dutch multinational had been held responsible for a duty of care overseas.

The international court  ordered Shell to clean up the polluted communities and restore the livelihoods of the affected victims.

The Court was, however, silent on the case of Ikot Ada Udo, in Akwa Ibom State because of the “unclarity of the facts”.