ERA lauds Dutch court’s ruling against Shell
…Says it’s justice for Nigerian Fishermen
By Eunice Odigie, Benin City
The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FOEN) at the weekend expressed happiness over the recent judgement by the Netherlands court of appeal that held Shell liable for the oil spills it caused across Nigeria’s coastal communities of the Niger Delta in 2008.
It will be recalled that in 2008, four Nigerian farmers from Ikot Ada Udo, Oruma and Goi in the Niger Delta supported by the Environmental Rights Action/Friends of the Earth Nigeria and sister organization, Milieudefensie/Friends of the Earth Netherlands, sued Shell because of oil pollution in the three Nigerian villages. This case was the first in which a Dutch company, together with its subsidiary, had been sued in a Dutch court for damage caused abroad.
In a press statement, Barr. Nosa Tokunbor, legal officer, Environmental Rights Action/Friends of the Earth Nigeria stated that the case had dragged on for over 13 years with a lot of legal somersaults occasioned by Shell, noting the appeal court in the Hague on January 29, 2021 ruled that Royal Dutch Shell was liable to pay compensation for the oil spills which polluted rivers, fishpond and farmlands that thousands of local farmers and fishermen use.
Also reacting to the court ruling, Dr Godwin Uyi Ojo, Executive Director, EnvironmentalRights Action/Friends of the Earth Nigeria and a notable environmentalist in the country described the outcome of the case as a landmark judgment which the organisation is very proud of. He said the judgement showed that the days of oil companies in Nigeria, particularly Shell criminalizing local communities and framing them up for sabotage of crude oil pipelines are over.
According to him, “Shell no longer has any hiding place, as this victory will open up a floodgate of court cases against Shell and the oil companies doing business in Nigeria and hiding under weak regulations, lack of enforcement of its extant rules, and taking advantage of the lack of political will of the Nigerian government to bring oil transnationals to account.”
“The significance of the landmark judgement is that it addresses the question of accessto justice that is very much in question in Nigeria when it comes to holding the oil companies accountable for their human rights violations and environmental degradation. The judgment has further shown the environmental liability of parent companies for the conduct of their foreign subsidiaries,” Ojo stated. Continuing, he stated that “the judgement is urgent and strategic. As the world transits away from fossil fuels, there is the need to ensure that the devastation done to our environment by Shell is cleaned up, and appropriate compensation is paid to communities that have suffered in many cases irreparable losses.”
“Our communities owe it to themselves and their generations unborn to ensure that Shell does not escape its responsibilities.”
Ojo further called on the Niger delta communities and CSOs not to relent in their pursuit for justice,adding that over 13 years struggle in the court has paid off,while urging Shell to comply with the court ruling.
