UK Court Rules Shell Liable for Legacy Oil Spills in Nigeria

·     Bayelsa traditional ruler’s suit against oil company’s divestment, pollution adjourned to July 22

Olusegun Samuel in Yenagoa

Oil giant, Shell will now face a full trial in London’s High Court in 2027, over allegations that it was legally responsible for legacy oil pollution in Nigeria.

Shell Plc and a Nigerian-based subsidiary of the company, now known as the Renaissance Africa Energy Company, are being sued by members of the Bille and Ogale communities in the Niger Delta.

The legal action is led by the claimant law firm Leigh Day, which began legal action in 2015, a report obtained on Yahoo Finance stated.

The claim contains allegations that years of chronic oil spills have left the communities, which have a combined population of 50,000, without access to clean water, unable to farm and fish, and with a serious ongoing risk to public health.

The case has been through several courts, including the High Court in 2017 and the Court of Appeal in 2018. Both courts ruled that there was no arguable case that Shell owed the claimants a duty of care.

However, the Supreme Court overturned those in 2021, viewing that there was a “real issue to be tried”. The High Court went on to green-light the legal battle in November 2023.

The parties went to a preliminary issues trial between February and March this year at the court, where Mrs. Justice May had to rule on several issues, including Shell’s rejected argument on liability and concluded that the oil giant can still be liable for these spills.

Shell argued that there was a strict five-year limitation period. The judge, in her 102-page judgment, determined that the limitation period for all private law causes of action is five years.

She did state that “some 85 spills have, so far, been identified,” and despite it being launched 10 years ago, she added that this case was “still at a very early stage”.

On if Shell could be liable for damage from bunkering or illegal refining, the judge noted that “there appear to me to be a very significant hurdles in the way of any claimant successfully pursuing a claim under section 11 (5)(b).”

She concluded that “at this preliminary stage I do not think it would be sensible or right to give a definitive answer”.

Leigh Day partner Matthew Renshaw said: “Shell’s attempts to knock out or restrict these claims through a preliminary trial of Nigerian law issues have been comprehensively rebuffed.”

“This outcome opens the door to Shell being held responsible for their legacy pollution as well as their negligence in failing to take reasonable steps to prevent pollution from oil theft or local refining,” he added.

A spokesperson for Shell said the company welcomed this judgement.

“For many years, the vast majority of spills in the Niger Delta have been caused by third parties acting unlawfully, such as oil thieves who drill holes in pipelines, or saboteurs.”

Meanwhile, the Yenagoa Division of the Federal High Court yesterday, adjourned a suit challenging the divestment by Shell UK Plc from onshore and shallow water assets hitherto operated by Shell Petroleum Development Company (SPDC) to July 22.

The plaintiffs alleged that the divestment by Shell did not follow the stipulated guidelines in the Petroleum Industry Act (PIA) 2021.

The suit filed by the Chairman of the Bayelsa State Traditional Rulers Council and traditional ruler of Ekpetiama in Yenagoa Local Government Area of Bayelsa, Kimg Bubaraiye Dakolo, is also seeking redress and remediation of cumulative pollution his domain for 40 years.

Ekpetiama community is in the neighbourhood and part of host communities to the Gbarain-Ubie gas plant and Gbarain oilfields.

When the case came up for mention, counsel to the plaintiff, Dakolo, Mr. Chuks Ugoro, made an ex parte application to grant the plaintiff leave to serve the court summons on Shell UK PLC, the parent company to SPDC through substituted means.

The trial judge, Justice Ayo Emmanuel granted the application to serve some of the  the defendants domiciled in United Kingdom and Netherlands.

Justice Emmanuel  thereby adjourned the case to July 22 for commencement of hearing.

Listed as defendants in the suit No. FHC/YNG/CS/81/2025, are Shell Petroleum Development Company of Nigeria, Shell Petroleum N.V, Shell UK PLC.

Others are Attorney General of the Federation, The Nigerian Upstream Petroleum Regulatory Commission, Minister of Petroleum Resources and Renaissance Energy Africa Ltd.

Renaissance Energy Africa, a consortium of indigenous oil firms in March 2025, had acquired the onshore and shallow waters oil and gas assets hitherto operated by SPDC, following the divestments by Shell UK PLC, the parent company to SPDC.

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    Colombian Vice-President Begins Three-day Official Visit To Nigeria

    Colombian Vice-President Begins Three-day Official Visit To Nigeria

    * To hold bilateral meeting, sign MoU on economy with his Nigerian counterpart 

    Deji Elumoye in Abuja 

    The Vice-President of the Republic of Colombia, Mrs Francia Márquez, on Saturday arrived the nation’s capital, Abuja on a three-day official visit to Nigeria.

    Accompanied by her spouse, Mr Rafael Yerney Pinillo Ocoró, the Colombian Vice-President was received on arrival at the Nnamdi Azikiwe International Airport, Abuja, by the Minister of Innovation, Science and Technology, Chief Uche Nnaji; his Women Affairs counterpart, Hon. Imaan Sulaiman-Ibrahim; Minister of State, FCT, Dr. Mariya Mahmud Bunkure, Director General of National Emergency Management Agency (NEMA), Mrs. Zubaida Umar and other senior government officials. 

    Márquez’s official visit to Nigeria, according to a release issued by the Media Assistant to Nigeria’s Vice-President, Stanley Nkwocha, is expected to deepen diplomatic and strategic relations between Nigeria and Colombia as well as enhance collaboration in areas of mutual interest, including governance, trade, agriculture, energy, education and security, among others.

    The Colombian Vice-President is accompanied on the visit by cabinet ministers, top government officials and business sector leaders who are set to engage their Nigerian counterparts in discussions around key areas aimed at strengthening ties between both countries.

    A key highlight of the visit is the signing of Memoranda of Understanding (MoUs) in strategic areas of the economy, including women empowerment, trade, aviation, manufacturing, agriculture and culture, among others.

    The visit will also feature a plenary session to be graced by both Mrs Marqueez and her Nigerian counterpart, Kashim Shettima and the Nigeria-Colombia Business Forum; government to government bilateral meetings; side events, including high-level business sector meetings hosted by the Federal Ministry of Industry, Trade and Investment, as well as a summit on Artificial Intelligence. 

    The post Colombian Vice-President Begins Three-day Official Visit To Nigeria appeared first on THISDAYLIVE.

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    * To hold bilateral meeting, sign MoU on economy with his Nigerian counterpart  Deji Elumoye in Abuja  The Vice-President of the Republic of Colombia, Mrs Francia Márquez, on Saturday arrived
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    Adebayo: What Tinubu Seeks Abroad Exists in SDP Manifestoes

    Adebayo: What Tinubu Seeks Abroad Exists in SDP Manifestoes

    Former presidential candidate of the Social Democratic Party (SDP) in the 2023 general election, Prince Adewale Adebayo, in this interview with select journalists, says President Bola Tinubu’s trip to Brazil is a waste of the country’s resources, as what he is seeking exists in SDP’s manifestoes

    In faraway Brazil, President Bola Tinubu declared that the reforms his administration have carried out are tough, but like a bitter medicine, once the fever is gone, you would know that the cure was worth it. What do you make of that statement from President Tinubu?

    Well, I’m happy that the president is going around the world. I’m happy that he went to Brazil, because if ever his policy life is going to change, we will see whether he changes from Brazil. His going to Brazil is the equivalent of Saul becoming Paul, because in Brazil what the Workers’ Party did to become what they are today and the president was giddy about it; he even posed the question what do they have that we don’t have? And I have the answer. What they have is good leadership and that’s what we don’t have yet. What they have is a poverty reduction manifesto and set of programmes and policies. If you look at Bolsa Familia, which reduced poverty by 27 per cent in Brazil in four years under President Lula da Silva’s government, it is the opposite of ‘subsidy is gone’ that increased poverty exponentially. If you look at the way Petrobras is run compared to the way the president has been running the NNPCL, they are polar opposites. If you look at where Brazil gets its strength from, Brazil is the third largest economy in the Americas. In fact, by purchasing power parity, Brazil is next to the USA.

    So, they have a bit of a mixed economy. The government is participating; the private sector is participating. They have indigenous industries, arising from agriculture, coffee, soybeans and all of that. Then they have the high end with aeronautics, defence and all of that. So, the same country that makes a lot of money producing aircraft like Embraer and other companies is making more money just producing plain soybeans. So, the economic policy of President Tinubu is opposite to the one that has succeeded in Brazil. I’m happy that he’s there because by going there, he will see how wrongheaded his own policies are. On the other hand, I am not happy that he went there to spend all that money when the ruler is here. He could have spoken to me. He could have looked at the Social Democratic Party manifesto. He used to be a member of the SDP in good old days. So, why are you leaving the Brazilian type of manifesto which is available in Nigeria and then you are going to Brazil as a tourist to be in awe of the majesty of Brazil and the Brazilian economy as if it is by magic? It is by policy.

    Look at them. The Central Bank of Brazil is crying because of 4.5 per cent inflation. We are celebrating 22 per cent inflation, which in reality is 13 per cent. Brazil says it should not be at three per cent. You look at it clearly; Brazil pays people money to go to school. If you study Posta Familiar very well, a family that puts their children in school, does immunization, does all of that, is guaranteed not to see poverty. And Brazil is struggling to make sure that the wealth that it has is better distributed. So, they acknowledged the fact that the problem of Brazil is not about making more money, it is about allocating efficiency that has social consideration. That is to say they want to distribute their wealth in a better way to make everybody more productive. Brazil is having five per cent unemployment. We are having over 30 or 40 per cent, depending on how you look at the statistics. So, how can you now say, I am now in Brazil as a tourist, how did they make it here? So, it is like the person who does not keep good health, who does not take a shower, who does not clean the environment, he looks at his neighbour’s house and says, why do you have to clean? Why is your dress so white? Why are all your children healthy? Just adopt that healthy policy. It is a good discussion and it is a discussion I am willing to have with the president, partisanship aside. You can stay in the government and I stay where I am in the SDP, but we can still have this conversation as to how Brazil managed it because everything that happened to Brazil happened to us.

    Agreed that the reforms are the bitter pill that signposts good health when the medicine starts working; in the last two years or more of this government in power, we have seen top policies that have been made, is the medicine working or are we taking malaria medication for typhoid or cancer? Are the realities and the promises or the hopes that are being preached in tandem? What exactly do you think is going on?

    Okay, let me tell you, there is a doctor, Bola Tinubu, who has an APP hospital, and he says he treats malaria patients. So, he makes sure the fever is gone. What does he do? If you take a patient there, he gives the patient rat poison. So, the patient would die, and the fever would die with the patient. That’s one way that he cures his own patients. If he has plenty of patients and 15 of them die, he will say I have only five fever patients left. That is not the best way to cure a patient. It’s not every medicine that is going to cure a fever, that’s number one. Number two, he went to the wrong country. He should have gone to Argentina, because his own policy is closer to the one done in Argentina, not the one being done in Brazil. Thirdly, the problem is not breaking the egg. You can ask women, how do you make an omelet? The easiest part is breaking the egg. You break the egg, and all the yolk and the white of the egg spills to the ground. If you break the egg, at that time you have no frying pan; you have not even lit the fire. So how are you going to make the omelet? The problem is that half of our eggs are broken, and nobody has had breakfast. You keep breaking the egg, you don’t see the omelet.

    Prince, you are saying that this government is not doing the right thing. Maybe, they’ve put in place the right policies, but they are not implementing them the right way, is that what you are saying?

    I am not just saying that President Tinubu’s government is not doing the right thing. There are some governments that don’t do the right thing. But I’m saying that they are not just doing the right thing, they are actively doing the bad thing. And the reason I’m able to say that, is that the president may disagree with the policy of the SDP. We raised the issue of farewell to poverty and insecurity, and we said you have to make social investment. And we said that you can grow your GDP by making social investments. He is trying to grow his own GDP by making social divestment and hoping that Brazilians, because I heard him calling Petrobras to come here, he is hoping that Brazilians, other people who have made social investments at home, and have redeveloped that social investment, are going to bring their own money to come and make foreign investment here. The policy is wrong. The third reason why I think the policy is wrong is that after criticizing the SDP or ignoring the SDP manifesto here, he is praising Brazil. Brazil is the benchmark for today’s discussion. I agree with the Channel TV. You can organize a session where you bring Wale Edun, you bring all the economic team of the APC, and you bring me, and you bring the SDP. We can have a debate for two hours in your session; if they can pay half, we can pay half.

    And let us put these policies and explain them to Nigerian people. They are letting their own policies go wrong in five ways. One, they are behaving as if poverty can increase, and economic growth can also increase at the same time. It can’t happen. The journey of poverty must be inversely correlated with the journey of economic growth. So, if you grow your economy, poverty must be reduced. How do you reduce poverty? There are three ways to reduce poverty. One, you do immediate employment for people. You have to configure most of your policies to include employment. Second, you do social investment such as housing, health care, education, infrastructure and basic infrastructure for people. That is why I said he should go and study Bolsa Familia; that is the programme that saves Brazil. Thirdly, you must have systems in place for macroeconomic management, and you cannot cheat in that kind of examination. You must immediately tell the Governor of the Central Bank, gentlemen, meet the Minister of Finance, by the middle of my term, I want inflation to be single-digit.

    If you can’t do it, leave my job, let me find somebody else because you have to make inflation to be single-digit. You have to reduce unemployment to single-digit. You must look at those two things, and you must increase productivity. So agricultural productivity is coming down, unemployment is rising, inflation is rising, and poverty is blooming. And then you go to Brazil and say, God loves Brazil more than us, or what? Or you’re asking the question, what do they have that we don’t have? They have common sense, they have good leadership, they understand economics, and they don’t want to cheat the economy. They want to study macroeconomic indicators and make sure that the policies are able to move the needle. It’s like you’re buying fuel into your car; you watch the gauge. If you’re buying fuel in your car, and the gauge is still empty, you ask, is the gauge faulty, or are they cheating you? Now you cannot say, I’ve spent N200,000 to fill the tank of a Land Cruiser, and the gauge is still empty, or less than one quarter.

    You say, what happened? They are spending money, they are raising nominal increases in money; they are pumping money into the sub-national, into the state government, and all of that. They are spending all the money on certain invisibles, and they are happy that the economy is expanding, but they are not looking at the deliverables and the outcomes. That is what they are doing wrong. I will have more time, I will break it down for them, sector by sector, aspect by aspect, quarter by quarter, and I will tell them, medium term expenditure framework, and I will do the analytics of it, so that they will see the position. They will realize that they are not just going to Brazil, they are going away.

    Ahead of the 2027 elections, politicking has begun in earnest. You saw what the PDP has done by zoning the presidential ticket to the south. What was your initial view when you heard that news?

    Well, that’s what they should have done in 2023, because there is a popular demand that there should be equity in the country. So, they have this, at least from the elitist point of view, they have this north-south rotation that they’re doing. So, my only concern is that when it goes to the north, they bring the worst person. When it comes to the south, they also bring the worst person. But if it can be done positively, that when it goes to the north, they bring the best person, so you are voting for them not just because they are from the north, but because they are good for the job. And if it’s the turn of the south, you look for the best candidate also. So, I think, the party can correct its mistake, because the idea of rotation actually came from PDP. They were the ones who brought the idea of ‘turn-by-turn Nigeria Limited’, as Chief Bode George would call it. So, now that they are finally finding their way, they should not assume that that’s the only problem Nigerians have with them.

    The problems we have with them is not just the north-south issue, it is the 16 years of bad governance. The luck that PDP has is that as bad as their government was, APC managed to equal them or even top them in mismanagement. Otherwise, Nigerians were not happy with the 16 years of PDP, and I think we haven’t forgiven them. So, it’s good that they’ve done this rotation thing, so as to make it easier for them to allow people to make more substantive arguments as to how to run the government. But I don’t think Nigerians want to see the PDP in power.

    Finally, those who say the zoning to the south by the PDP just gave an easy answer or a quicker route for Bola Tinubu and the APC to clinch the election or win the election in 2027. What do you make of that?

    Well, who is going to vote for President Tinubu in 2027 with all this suffering, with all the fake promises? President Tinubu said, ‘don’t vote for me if I don’t give you electricity’. Has he given it? He said: ‘I know the job; the job is tough. Let me do what I want to do. If you don’t like it, at the end of the four years, don’t vote for me.’ So, I don’t think if things remain the way they are in 2027, President Tinubu, in good conscience, shouldn’t be surprised if he’s massively voted out. Nigerians have suffered enough. His policies are not working and it’s not about us. Beside PDP and APC, Nigerians have better options. So, it’s not compulsory that if the PDP commits suicide, automatically, the APC inherits the politics. No, what we know is that APC and PDP are like Siamese twins. They are the same company now. They work together. Nigerians want alternative politics. We are looking for a new direction. That’s what people are saying; new direction.

    People are talking about a new direction now. There’s nothing new about PDP. Definitely, there’s nothing new about APC. We’ve done change. We’ve done the next level. Now, we are in serious suffering. So, I think we need to understand that Nigerians have options. But if by 2027, something changes in terms of macroeconomics, in terms of security, in terms of poverty, in terms of employment, then President Tinubu becomes competitive. But the way it is now, I don’t think that for the good of the country, even for the good of the president himself, he should just go home and thank God that he’s the president for four years.

    The post Adebayo: What Tinubu Seeks Abroad Exists in SDP Manifestoes appeared first on THISDAYLIVE.

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    Former presidential candidate of the Social Democratic Party (SDP) in the 2023 general election, Prince Adewale Adebayo, in this interview with select journalists, says President Bola Tinubu’s trip to Brazil
    The post Adebayo: What Tinubu Seeks Abroad Exists in SDP Manifestoes appeared first on THISDAYLIVE.

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