In May 2008 four Nigerian fishermen and farmers from the villages of Oruma, Goi and Ikot Ada Udo, in the Niger Delta region, together with Friends of the Earth-Netherlands and Friends of the Earth-Nigeria, filed a lawsuit against Shell in the district court of The Hague, Netherlands, where the company has its international headquarters. The plaintiffs allege that Shell was negligent in its clean-up of oils spills in Nigeria and that their health was adversely affected by the of oil spills. The plaintiffs claim that Shell failed to adhere to international standards of ”good field practice” in its Nigerian oil operations. They also seek damages for loss of fishponds and livelihood.
The plaintiffs claim that the oil spillage occurred on 26 June 2005 and that Shell Petroleum Development Company of Nigeria (“Shell Nigeria”) (Shell’s Nigerian operating company) only closed the hole in the pipeline on 29 June 2005. Allegedly, the oil flowed into plaintiffs’ farmland and fishponds, polluting it and making it unfit for use. The plaintiffs further claim that the clean-up started in November 2005 and that neither the environment near Oruma nor their oil-polluted property have been adequately cleaned by Shell Nigeria. With regard to the allegations of negligence, the suit argues that Shell Nigeria acted negligently because it allowed the oil spill to occur, or at least it did not prevent or limit it, and did not adequately clear the oil. Plaintiffs also allege that Shell plc (the parent company) was negligent because it did not ensure that its subsidiary carried out oil production in Nigeria in a careful manner, although it was able and obligated to do so.
On 13 May 2009 Shell submitted a motion to the court arguing that the Dutch courts lacked jurisdiction over the actions of the Nigerian subsidiary. On 8 July 2009 the plaintiffs filed their Statement of Defence to the Motion Contesting Jurisdiction at the Hague district court. On 30 December 2009, the Hague district court ruled that it did have jurisdiction over the plaintiffs’ case. This case is on-going. The hearings are scheduled to recommence in the summer of 2010.
- [video] Fight continues for Nigeria oil spill victims, Al Jazeera English, 8 Jun 2010
- “Shell must face Friends of the Earth Nigeria claim in Netherlands”, Terry Macalister, Guardian [UK], 30 Dec 2009
- [video] Dutch court takes on Shell oil case, Reuters, 30 Dec 2009
- “Farmers sue Shell over oil spills in Niger Delta”, Sarah Arnott, Independent [UK], 3 Dec 2009
- “Shell Sued in the Netherlands For Oil Spills in Nigeria”, Africanoiljournal.com, 11 Sep 2008
Shell
- Doing business in Nigeria: challenges and questions
- Preventing spills
- Shell Nigeria: Remediation Issues in the Niger Delta
Friends of the Earth Netherlands/Milieudefensie [plaintiffs]:
- The People of Nigeria versus Shell
- Documents on Shell legal case
- Nigerians file oil lawsuit against Shell in the Netherlands, 5 Nov 2008
Environmental Rights Action, Friends of the Earth Nigeria:
- Press Release-Shell faces legal action over Nigerian Pollution, 15 May 2008
- [PDF, English translation] Oguru and Ofanga v Shell plc, Summons
