Categories
AFNewsNG Logo
News Special Report

Breaking: Shell loses case against 4 Nigerian farmers in Dutch court

chuks oti

Jan 29, 2021

A Dutch appeal court in The Hague has ruled that the Nigerian branch of Shell has to pay compensation to some Nigerian farmers who have been litigating against the company for 13 years.

READ ALSO: Mother's Day: Abia Government Liaison Officer Honours Women, Says Mothers Shape Future Leaders

The court reached the decision today. The amount of compensation must be determined later, a Dutch newspaper reported.

READ ALSO: TOP STORY: Abia LGA Finance In Jeopardy, As ALGON Chairman Michael Nwoke Alleges Threat To Life

According to the ruling, Shell is liable for two oil spills.

READ ALSO: NYSC warns Borno corps members against illegal motor parks

The case also revolved around a third claim, but the court will only rule on that later.

READ ALSO: Bloodbath At Wedding: Bandits Kill 13, Abduct Many In Midnight Attack In Kaduna Community

The third leak was caused by sabotage and the court needs additional information to know whether Shell has done enough to secure the pipeline against the sabotage.

READ ALSO: FRSC: Edo records 3 deaths in 4 road crashes

Milieudefensie, the Dutch branch of Friends of The Earth, brought the lawsuit in 2008 on behalf of four Nigerian farmers.

READ ALSO: How a Catholic Priest Slumped and Died While Delivering Homily in Delta Church

The case revolved around the spills from underground oil pipelines.

READ ALSO: "Ikwuano Locked Down For Alex OttiÔÇØ - Monday Ubani SAN Sends Strong Message To Opposition

According to the plaintiffs, their villages have become virtually unliveable due to the spills.

READ ALSO: Ofuji Ndị Igbo Sets 2026 Agenda, Promises Greater Community Engagement

The polluted soil became unusable and fishing grounds were lost, causing them to lose their income.

READ ALSO: Isuikwuato Mayor 'Chinedu Ekeke' Launches Historic 50-Hectare Cassava Cluster - The Biggest Agricultural Project Ever by Any LGA in Abia | WATCH VIDEO

Shell said that the spills are the result of sabotage and that the company is therefore not liable for them.

READ ALSO: FUNNY! The baby isn't my baby -Regina Daniels reacts time viral baby photo

The company also argued that the pollution is always cleaned up properly, while the farmers say that hardly anything ends up in practice.

READ ALSO: Why ICPC Is Prosecuting Mike Ozekhome Over a London Property Deal That Has Shaken Nigeria's Legal Circle | READ DETAILS

Milieudefensie argued that pipelines are often outdated and that Shell is doing too little to prevent sabotage.

READ ALSO: PDP: Why I May Cancel Approval To Use Rally Venue - Wike

At first instance, in 2013, one of the farmers was proved right by the court.

READ ALSO: Mother's Day: Abia Government Liaison Officer Honours Women, Says Mothers Shape Future Leaders

The other farmers' demands were rejected. Both camps filed an appeal.

READ ALSO: TOP STORY: Abia LGA Finance In Jeopardy, As ALGON Chairman Michael Nwoke Alleges Threat To Life

Today's judgment can also still be appealed at the Dutch Supreme Court.

READ ALSO: NYSC warns Borno corps members against illegal motor parks

The case has set a legal precedence in how far multinationals in the Netherlands can be held responsible for actions of their overseas subsidiaries.

READ ALSO: Bloodbath At Wedding: Bandits Kill 13, Abduct Many In Midnight Attack In Kaduna Community

Royal Dutch Shell argues that saboteurs are responsible for leaks in underground oil pipes that have polluted the delta. The company also argued that it should not be held legally responsible in the Netherlands for the actions of a foreign subsidiary.

READ ALSO: FRSC: Edo records 3 deaths in 4 road crashes

In 2013, The Hague District Court ordered Shell Nigeria to compensate one of the four farmers involved in the case for making it too easy for saboteurs to open a well head that leaked onto his land. However, the court cleared Shell of blame in pollution of the other three farmers' land and ruled that Shell's Dutch parent company could not be held liable.

READ ALSO: How a Catholic Priest Slumped and Died While Delivering Homily in Delta Church

Both sides appealed and judges ruled in 2015 that Shell could be held to account in Dutch courts for its actions in Nigeria.

READ ALSO: "Ikwuano Locked Down For Alex OttiÔÇØ - Monday Ubani SAN Sends Strong Message To Opposition

The judges also ordered Shell to give the plaintiffs access to documents that could shed more light on the cause of the leaks and how much Shell management knew about them.

READ ALSO: Ofuji Ndị Igbo Sets 2026 Agenda, Promises Greater Community Engagement

Shell discovered and started exploiting Nigeria's vast oil reserves in the late 1950s and has faced heavy criticism over the years from activists and local communities over spills and for its close ties to government security forces.

READ ALSO: Isuikwuato Mayor 'Chinedu Ekeke' Launches Historic 50-Hectare Cassava Cluster - The Biggest Agricultural Project Ever by Any LGA in Abia | WATCH VIDEO

Friends of the Earth, which is supporting the Nigerian farmers in their legal battle, argues that leaking pipes are caused by poor maintenance and inadequate security and that Shell does not do enough to clean up spills.

READ ALSO: FUNNY! The baby isn't my baby -Regina Daniels reacts time viral baby photo

*With background report by AP

Related Stories

""

— chuks oti

Join the Conversation

Signed in as Member