Shell Prevails In UK's Niger Delta Oil Spill Case

Britain's highest court decided on Wednesday that it was too late for residents of the Niger Delta to file environmental claims against energy giant Shell following a massive oil leak more than ten years ago.

The Supreme Court of the United Kingdom stated in a statement that its five justices "unanimously" dismissed an appeal on the 2011 spill, affirming earlier decisions that claims were not lodged prior to a legal deadline.

According to the claims, a breach at the Bonga oilfield that released 40,000 barrels of petroleum into the Gulf of Guinea had a "devastating impact" on their beachfront.

Shell said that the incident was quickly controlled.

The claimants had made an attempt to reverse two lower court decisions on Wednesday, claiming that the oil leak qualified as a "continuing nuisance" under the law, exempt from the deadline.

But the Supreme Court disagreed, ruling that the leak was a "one-off event or an isolated escape" in a decision that has no bearing on a separate lawsuit Shell is facing over past spills.

“The claimants’ argument that there is a continuing nuisance, because on the assumed facts oil is still present on their land and has not been removed or cleaned up, is rejected,” said judge Andrew Burrows.

“There was no continuing nuisance in this case because outside the claimant’s land, there was no repeated activity by the defendants or an ongoing state of affairs for which the defendants were responsible that was causing continuing undue interference with the use and enjoyment of the claimants’ land.”

However, the Supreme Court stated that the 2011 leak was "one of the largest spills in Nigerian oil exploration history".

The energy company, which is listed on the London Stock Exchange, said the leak was "regrettable" but welcomed the decision.

“It was clear from the start that these claims were unfounded and brought entirely out of time,” a Shell spokesperson said.

In a separate case, Shell agreed in 2015 after a protracted legal battle in London to pay out 55 million pounds ($70 million) to the delta’s Bodo community in compensation for two spills.

“Today’s decision… rejected the claimants’ case that Bonga oil could have become trapped and re-mobilised years later, migrating upstream and impacting the claimants’ communities.

“While the 2011 Bonga spill was highly regrettable, it was swiftly contained and cleaned up offshore.”

When contacted by AFP, the claimants' solicitors claimed they had nothing else to add.

Oil spills have been a long-standing problem for Nigeria, the largest producer of crude oil in Africa.

After the Supreme Court of Britain declared in February 2021 that more than 50,000 residents of the Niger Delta region can file environmental claims in English courts, Shell is currently involved in a separate legal dispute there.

The verdict overturned a 2017 decision against the towns of Ogale and Bille, who filed lawsuits seeking clean-up and compensation after years of frequent spills in the crude-rich area.