Nigeria: Oil Spillage - Shell's Acceptance to Pay €15m Compensation to Communities, Victory for All - Environmentalists

(file photo).
23 December 2022

Amid environmental degradation suffered by Niger Deltans, environmentalists, Friday, hailed court judgment over Shell's acceptance to pay €15 million compensation for oil spills in three Niger Delta communities.

This contained in a statement made available by the Executive Director, Chima Williams.

According to the statement, in 2007, the farmers and fishermen, together with Friends of the Earth Netherlands, initiated legal

proceedings against the headquarters of Shell in The Hague, Netherlands, because of the oil pollution which took place between 2004 and 2007 in the villages of Goi, Oruma and Ikot Ada Udo.

Following the verdict of the court, Friends of the Earth Netherlands and Shell conducted negotiations to determine the amount of compensation to be paid. Friends of the Earth Netherlands, together with lawyers Chima Williams and Channa Samkalden spent 15 years fighting for justice.

However the statement made it known that with the proceedings taking so long "all the original claimants (Barizaa Dooh, Alali Efanga, Chief Fidelis Oguru and Elder Friday Alfred Akpan) including other prominent leaders on this struggle have since died without seeing this day come to pass!"

The statement also noted that this Nigeria case is unprecedented: for the first time in history a corporate headquarters has been held responsible for the actions of their subsidiary in another country.

According to the statement, Shell resisted the claim for many years, arguing from their headquarters in the Netherlands that the case should be heard in a Nigerian court. The Dutch Court did not agree.

The statement also recalled that in 2021, the court ordered Shell to pay compensation to the Nigerian farmers, to clean up the mess, and to take measures to prevent new spills by installing a leak detection system near Oruma. This system will detect spills sooner.

The statement reads in part, "Four Nigerian farmers and their fellow villagers are to receive 15 million euros from the Nigerian subsidy of Shell as compensation for oil pollution in their villages.

"A leak detection system should prevent future oil spills. Friends of the earth sees this historic victory at the courts and the acceptance of Shell to do the needful is a victory for all.

"Friends of the Earth Netherlands, together with lawyers Chima Williams, current executive Director of ERA/FoEN, and Channa Samkalden, took up the case and have been in court since 2008. The proceedings took so long that all the original claimants (Barizah Dooh, Chief Oguru Elder

Friday and Alali Efanga) have since died. Now, over 15 years later, the farmers and their fellow villagers are to receive compensation."

Williams said: "Justice may have been delayed but it has now been served. The resilience of the farmers, their communities, and determination to make

Shell pay is a model that will galvanize other impacted communities in the Niger Delta and elsewhere to act and stay on course.

"Shell's acceptance to pay compensation and install leak detection system is both unprecedented and signals victory for all parties the victims, environmental justice campaigners and Shell.

"Furthermore, if Shell can do this, it means that there is no hiding place for any corporate polluter as they may run, but cannot hide from the long arms of the law."

In another reaction, Member, Board of Environmental Rights Development Foundation, Nnimmo Bassey said: "The victory of the Niger Delta farmers is a testament that Big Polluters may run but will find nowhere on earth to hide because they will be sought out.

"We celebrate the farmers still alive to savour this victory and believe the spirit of the deceased four Niger Delta farmers and others will now rest, but corporate polluters will never rest until their operations and attitudes in respect for their hosts, protection of their environment, livelihoods and humanity is guaranteed."

Traditional rulers reacts to the judgment and said no amount of compensation paid can replace human lives lost over the years as a result of the several oil spills experienced and recorded in the areas.

His Royal Highness, HRH, Pere Wapeabiama David Amakiri, Paramount Ruler of Oruma (Yiba-Ama) Community, said, "Though the compensation Shell agreed to cannot replace human life, we have been able to show through our patience and determination in the last 15 years that people sooner will always triumph corporate behemoths. Shell has learnt a good lesson."

On his part, Mene Stephen Kobani, Paramount Ruler of Goi Community unequivocally advised that, "We anticipate that other co-travellers in the fossil fuels industry will now understand that the fires the Niger Delta farmers and fishermen lit in 2008 will continue to rage until they pay up and clean up for their mess in every Niger Delta environment."

The statement also quoted a plaintiff, Eric Dooh, saying, "The compensation we receive from the court case in the Netherlands will enhance a total transformation of the community people and myself in terms of reinvestment in our environment.

"It will be a relief for all of us when the money is finally paid as compensation for our losses after a long time of legal action against Shell."

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