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Nigerian residents living on the country’s coast are urging a United Kingdom appeals court to let their group claim against Shell move forward, alleging the company’s 2011 oil spill is still causing devastating effects to their land, waters and fisheries.
On Wednesday, lawyers representing two Nigerian landowners argued a lower court erred in throwing out their lawsuit against Shell, Law360 reported.
The plaintiffs are seeking to represent 27,000 residents in the same area who have also been affected by the oil spill. During the 2011 Bonga oil spill, 40,000 barrels of oil poured into the waters off Bayelsa and Delta states.
The plaintiffs say Shell didn’t properly clean the spill, causing ongoing impact to the environment and residents’ ability to fish. They are asking for an order forcing Shell to either clean up the alleged mess or pay damages so the residents can clean it up themselves.
The High Court ruled last year to dismiss the case, saying that landowners would have to pursue each of their cases individually. The judge reportedly said the claims of every single resident would have to be investigated individually to determine the harm and what cleanup was required. He said the “patchwork” of resulting findings couldn’t justify group remediation.
However, counsel for the plaintiffs on Wednesday argued that all the residents and landowners shared the same interest, and didn’t pursue any individual damages. They simply wanted the oil spill cleaned.
The defendants, Shell International Trading and Shipping Co. and Shell Nigeria Exploration and Production Co. Ltd., said the plaintiffs’ claims had not been proved, and they don’t accept that the oil spill reached land.
“Although this is all proceeding on the basis that oil from the Bonga reached land, that’s not actually accepted by the Shell defendants. That’s an issue which will have to be determined, of course,” they reportedly said.
The companies say the Bonga oil spill was quickly stopped and cleaned, Law360 reported. They want the case heard in Nigeria, not the UK.
Meanwhile, in the United States, a Florida consumer has lodged a class action lawsuit claiming she and others paid unexpectedly higher prices when they purchased gas at Shell stations using their debit card.
What do you think about the allegations against Shell for its role in oil pollution off Nigeria? Let us know in the comments!
The plaintiffs are represented by Graham Dunning QC and Stuart Cribb of Essex Court Chambers, instructed by Rosenblatt.
The Shell Bonga Oil Spill Group Action Lawsuit is Jalla and others v. Shell International Trading and another, Case No. A1/2020/1490, in the Court of Appeal.
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