February 15, 2021

Historic victory for victims of Niger Delta oil spill

topic:	Pollution
located:	Nigeria
editor:	Bob Koigi

The recent historic ruling by a Dutch appeals court that energy giant Shell’s subsidiary in Nigeria, Shell Petroleum Development Company, is responsible for the massive oil spills in the oil rich Niger Delta and should compensate residents sets a crucial precedent in environmental justice. 

The long and protracted legal battle has pitted the oil company against farmers who have accused it of pollution from leaking pipelines that have for years spilled into rivers and waterways, devastated the lives of the over 30 million people who live in the delta and decimated livelihoods. 

Residents, who are mostly farmers and fishermen, have complained of the adverse economic and health impacts the presence of the oil company has had in their area, which is primed as Africa’s most significant oil producing zone but which remains one of the most polluted areas on earth. 

The human cost of the spills has been evident in the numerous hours family members have had to spend taking care of the sick and foregoing any economic activities as well as in the numerous jobs lost by fishmongers, farmers and traders in the riverine villages who rely on fishing to earn a living.

While the case can be appealed at the Supreme Court, the ruling has restored hope and offered comfort to ordinary farmers who are at the mercy of rich multinationals, and inspired the quest for others who had been similarly affected - having been emboldened by the fighting spirit of the four farmers who started the case. Two of them, Barizaa Dooh and Alali Efanga, died in the course of the court process and their sons are now pursuing justice on their behalf. 

Despite Shell admitting that the oil spills have been occasioned by acts of sabotage, the appeals court ruled that the oil company hadn’t demonstrated ‘beyond reasonable doubt’ that that was the case as opposed to poor maintenance. 

The judgment is likely to inspire more residents of the delta to launch more cases against oil companies in the area and has also ignited debate over the responsibility and the duty of care that big companies have to residents of areas in which they operate, especially the most vulnerable among them. 

Image by Abusomwan Alfred.

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