Shell’s Niger Delta acquittals fail to deter campaigners

A Dutch court has acquitted oil giant Shell of four of the five charges it faced in connection with pollution in the Niger Delta.

On the fifth charge, Shell has been ordered to pay compensation, as yet unspecified, and some observers believe the one success could embolden others seeking claims.

The plaintiffs in the four unsuccessful actions intend to appeal against the acquittals which, Amnesty International (AI) says, illustrate the obstacles faced by communities in developing nations when trying to obtain “something approaching justice” against multinational companies.

Oil pollution of the Niger Delta has been the cause of a long-running and bitter dispute between Shell, local people and environment groups (EP, September 2011, p1).

The case – heard in the Dutch court because the company is headquartered in the Netherlands as well as in the UK – was brought by four Nigerian farmers with support from Friends of the Earth, and relates to spills in Goi, Ogoniland, Bayelsa and Akwa Ibom .

While Shell argued that the spills were the result of sabotage by “oil thieves and illegal refiners”, the plaintiffs claimed faulty equipment, neglect and a lack of adequate safety measures were to blame.

Though the court judged that in only one of the charges – brought by plaintiffs in Akwa Ibom – was Shell negligent in failing to prevent theft from their pipelines, campaigners claimed this one success would spur them on to appealing the other four.

“Clearly it’s good news that one of the plaintiffs managed to clamber over all the obstacles to something approaching justice,” said AI’s Africa programme director Audrey Gaughran.

“The court found Shell had a duty of care when it comes to preventing tampering with its pipelines. However, the fact that the other claims were dismissed underscores the very serious obstacles people from the Niger Delta face in accessing justice when their lives have been destroyed by oil pollution.

“Governments need to look at the formidable obstacles claimants face, especially when taking massive oil companies to court.”

Shell’s subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC), welcomed the court’s ruling on the dismissed claims, and described the economic and environmental damage caused by oil pollution as a “real tragedy”.

The company said it has worked hard to eradicate spills from its own operations and will continue its efforts to find lasting solutions.