London’s High Court ruled that Shell plc and its former Nigerian subsidiary are legally responsible for past oil pollution in the Niger Delta, allowing the case to proceed to a full trial in 2027.
The Bille and Ogale communities in Rivers State initiated the case, accusing Shell of causing decades of environmental damage through oil spills from its infrastructure.
On June 20, 2025, Justice May dismissed Shell’s effort to restrict liability and block claims involving spills older than five years.
She found that Shell’s failure to clean up the pollution amounts to a continuing legal violation, which justifies ongoing claims as long as the contamination persists.
Shell argued that Nigerian law bars damage claims after five years, but the judge ruled that the law doesn’t apply when pollution remains untreated.
She determined that lingering oil contamination could be considered trespass, creating fresh legal grounds each day the pollution remains on the land.
Shell also tried to shift blame during the preliminary trial, claiming that oil theft and illegal refining were the main causes of pollution in the Niger Delta.
However, the communities’ lawyers from Leigh Day argued that Shell didn’t do enough to prevent these illegal activities and could be liable if its staff or contractors were involved.
Justice May agreed Shell could be held responsible for failing to secure its pipelines or if evidence reveals employee complicity in oil theft and illegal refining.
These matters will be central to the full trial in 2027.
The judge also rejected Shell’s claim that Nigerian law shields its parent company from liability, meaning both Shell plc and its former subsidiary, now called Renaissance, will face legal scrutiny.
This case follows legal precedent from the UK Supreme Court’s decision in Okpabi v Shell, which confirmed that parent companies can be liable for foreign subsidiaries under certain conditions.
The plaintiffs also argued that Shell’s pollution violated their constitutional rights under Nigerian law and the African Charter on Human and Peoples’ Rights.
While Justice May acknowledged that environmental harm may impact the right to life under Nigeria’s constitution, she said Nigerian courts should decide on such constitutional questions.
She recognized growing judicial awareness in Nigeria of the link between environmental harm and human rights but declined to rule on that issue from a UK court.
The Bille and Ogale communities have sought clean-up and compensation since filing the case in 2015.
A 2011 UNEP report highlighted severe pollution and health risks in Ogoniland.
Reacting to the decision, King Bebe Okpabi of Ogale urged Shell to stop resisting legally and help resolve the crisis, saying, “People in Ogale are dying. Shell needs to bring a remedy.”
Leigh Day partner Matthew Renshaw called the ruling a significant legal step in holding multinationals accountable for environmental harm.
He said the decision allows claims over longstanding pollution and Shell’s failure to prevent damage from oil theft to move forward.
The trial in 2027 will examine Shell’s alleged negligence in cleaning up contaminated areas and its potential liability for pollution caused by sabotage when company failure or complicity is involved.
source:guardian.ng
African Energy Council