The dust appears to have settled on one of the longest legal battles between Shell and Nigeria’s Niger Delta as the Supreme Court in the United Kingdom has now ruled on the case.
The court, on Wednesday, ruled that the Nigerian claimants filed the case over a 2011 offshore oil spill too late.
The justices unanimously rejected the region’s argument that the ongoing consequences of the pollution represented a “continuing nuisance,” a technical term for a type of civil tort. This would have meant that the six-year deadline did not apply.
“The Supreme Court rejects the claimants’ submission.” “There was no continuing nuisance in this case,” said Justice Andrew Burrows, delivering the ruling on behalf of the panel.
The Niger Delta region, which has over 40 different ethnic groups, is ravaged by pollution, conflict, and corruption related to the oil and gas industry. There have been agitations for its clean-up, which have led to legal battles with the leading oil firm, Shell.
In one of the many cases in 2015, Shell agreed to pay 55 million pounds ($70 million) to the delta’s Bodo community in compensation for two spills.
In a separate case in February 2021, a group of 42,500 farmers and fishermen from the Ogale and Bille communities in the region sued Shell over spills.
The Niger Delta covers 20,000 km2 which is 7.5% of Nigeria’s total land mass and contributes the highest amount to Nigeria’s revenue, but not much is on ground with the development of the region.