Latest update June 27th, 2024 12:59 AM
Apr 05, 2023 Court Stories, Features / Columnists, News
…company accused of delaying matter
Kaieteur News – British oil giant, Shell Plc is arguing that the 13,000 Nigerians who filed a lawsuit against the company and is seeking compensation for the devastating effects of oil spills caused by the oil major’s Nigerian subsidiary (SPDC), brought the lawsuit ‘too late.’
The matter was heard on Tuesday at the London’s High Court. According to Reuters, the lawyers representing the Nigerians argued that Shell Plc is attempting to shield itself from scrutiny over pollution in Nigeria’s oil-producing Niger Delta.
Kaieteur News had reported that it was on Thursday February 2, 2023, the people of the Ogale and Bille communities filed claims against Shell over oil spills which they say have wrecked their livelihoods, poisoned their wells, and polluted their land and water, which means they can no longer farm or fish. It was stated that the lawsuit will test whether multi-nationals can be held to account for the actions of overseas subsidiaries.
Shell strongly denies any liability and argues that parts of the cases were brought too late. It also says the majority of the spills were caused by illegal third-party interference, such as pipeline sabotage and oil theft – Reuters said.
It was also reported that the company is asking the High Court to set an initial trial in early 2024 to decide whether parts of the case were brought too late and whether SPDC is liable for oil spills caused by third-party interference.
Shell says two further trials could then take place to determine allegations against its subsidiary and Shell’s alleged liability as its parent company.
Shell’s proposal is “advanced as a device to shield (Shell) from scrutiny”, Richard Hermer, a lawyer representing the claimants, said in court filings. Hermer said allowing Shell’s application could put off a final decision on the lawsuits until 2029. “The reality is that the defendants can readily afford for their claimants to run for seven more years but the claimants cannot,” he said.
However, Shell’s lawyer James Goldsmith told the court that “the claimants are responsible for the ongoing delays” by failing to provide enough detail about their cases. “This is not an attempt to delay matters or out-resource the claimants,” he added.
A Shell spokesperson in a statement said: “We believe litigation does little to address the real problem in the Niger Delta: oil spills due to theft, illegal refining and sabotage, with which SPDC is constantly faced and which cause the most environmental damage.”
The case, parts of which began back in 2015, the United Kingdom Supreme Court allowed a group of 42,500 Nigerian farmers and fishermen to sue Shell in the English courts after years of oil spills had contaminated land and groundwater. The Judges said at the time, there was an arguable case that Shell, one of the world’s biggest energy companies, was responsible because it exercised significant control over its Nigeria subsidiary, SPDC.
This publication had reported that UK law firm, Leigh Day said it had filed claims on behalf of thousands of Nigerian people and 17 institutions including churches and schools from Ogale community in Niger Delta for compensation for loss of livelihoods and damage against Shell.
Moreover, on the backdrop of the lawsuit being filed, Amnesty International’s Head of Business and Human Rights, Mark Dummett said, “Amnesty stands by these two communities in the Niger Delta, which have been engaged in litigation against Shell for seven years, asking that the company clean up the damage caused and compensate them for their lost livelihoods.”
He added, “Had this level of contamination and pollution occurred in Europe or North America, it is hard to imagine that there would not have been swift and severe consequences and legal redress. Shell should clean up the pollution the oil has caused in these communities and compensate those whose livelihoods have been devastated and whose health has been harmed.”
For his part, Kaieteur News publisher, Glenn Lall had cautioned Guyanese to be cognizant of the cruel oil and gas industry and how oil giants have destroyed the livelihoods of citizens of once glorified oil-nations.
This country does not hear anything about oil from the PPP or the PNC
Jun 27, 2024
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