The failure of Shell Petroleum Development Company (SPDC) and its parent company, the Royal Dutch Shell (RDS) to acquit itself as a responsible corporate citizen in its oil exploration activities in Nigeria’s Niger Delta region has backslapped as a Dutch Appeal Court upheld the indictment of the oil giant, ordering it to pay compensation for oil spills in its areas of operation.

Friends of the Earth (FoE) Nigeria and Environmental Rights Action (ERA) rejoiced over the ruling of the Dutch Appeal Court on Friday, January 29, 2021, declaring that a new global benchmark for environmental accountability has been set.

Acting Executive Director of FoE/ERA, Chima Williams expressed joy in the favourable turn out of the case after 13 long years of litigation, stating that, by upholding the initial ruling in favour of Oruma Community in Ogbia Local Government Area of Bayelsa State, and Goi Community in Gokana LGA of Rivers State, the Dutch Appeal Court has made SPDC and RDS liable for the destruction of the environment in their host communities.

“A global standard has been set. Shell will not only be held responsible for the destruction they cause to any of their host communities, countries or citizens but will also be reprimanded and held to take steps not to further destroy the environment and source of livelihoods of villagers”.

Williams, who is also the counsel to the victims from inception of the case, remarked that “it’s a day that has given back hope to all Niger Deltans who are under the jackboot of the destruction by the multinational oil companies in their communities that have sought redress”.

He urged the entire Niger Deltans to be in a celebratory mood because a statement has been made loud and clear that the oppressor will have his or her day of judgement and Shell that has behaved as if it was above the law in Nigeria has been held accountable in their own country where they follow and respect the law.

The environmental rights activist further remarked that he was waiting to see the reaction of Shell if they would become a responsible and responsive corporate entity by obeying the court’s judgement or continue in their recalcitrant character.

“The beauty of the judgement is that it cannot be negotiated as they do in time past in the country where they negotiate with the victims to accept whatever peanut they offer them.”

The FoE Nigeria/ERA boss thanked the partners, colleagues in the Netherlands who are plaintiffs and co-respondents, the farmers/ fishermen, the Media who have sensitized the public thus far, and the judges of the courts who painstakingly went through the evidences and delivered a favourable judgement.

Four Nigerian farmers/fishermen, supported by Milieudefensie, a Netherlands based environmental organization, had sued the Royal Dutch Shell (RDS) and Shell Petroleum Development Company (SPDC) in 2008 for environmental degradation and destruction of their sources of livelihoods after two oil spills in 2004 and 2008.

They demanded, among other things, a declaration of Shell’s liability for oil spills, destruction of their source of income and livelihoods, an order of the court for Shell to stop the oil spillage, pay compensation to the victims and clean-up the impacted environment.

The Dutch Court ruled in favour of the fishermen/farmers but Shell appealed the ruling of the court and the case dragged on for 13 grueling years thus exposing the plaintiffs and their communities and kinsmen to untold suffering given the damage to their environment and sources of livelihoods.

Justice came the way of the distraught plaintiffs and communities today as Shell was brought to judgment in their home country, the Netherlands, as the international court at Hague ordered Shell to clean up the polluted communities and restore the livelihoods of the affected victims.

Another environmental rights activist, Morris Alagoa told Kristina Reports that “today is a great day of victory and a lesson for the Nigerian judiciary,” but expressed concern that Shell may not obey the order of the court, accusing the oil giant of being notable for not paying up after losing cases.

Alagoa, who is also the Project Officer and Head, Yenagoa Office of FoE Nigeria/ERA, referenced the case of one Jonah Gbemre, which he won against the oil conglomerate in November 2005.

According to him, a Federal High Court sitting in Benin, Edo State, in its verdict, had ordered Shell to end gas flaring in the plaintiff’s community but curiously, the company was yet stop the flaring till date.

He suggested that the Federal Government and its agents should reduce its involvement in the Petroleum Industry and focus on implementation of its policies and ensuring the protection of the people and the environment from the ravages of oil and gas exploration.

He expressed optimism that this time, SPDC and its parent Royal Dutch Shell will respect this verdict since it was given in their homeland, thanking God for the victory, and FoE and ERA for supporting the poor fishermen/farmers throughout the case from inception to the appeal court verdict.

A native of Oruma Community, Alali Princewill Tifanya disclosed that he lost his families’ economic trees and fish ponds belonging to his father as a result of the oil spillage, stating that this caused him untold poverty and hunger as a result of which he lost both parents as he could not afford their hospital bills, pleading with Shell to do the needful and make life better for him, his siblings and their community.

A traditional ruler of Goi Community, High Chief Eric Barizaa Dooh regretted that his late father who started the struggle 13 years ago did not live to see this victory won today, lamenting the loss he and his kinsmen too had suffered all this while.

He expressed joy in the verdict and urged Shell to speedily come to their rescue as many lives have already been lost in the struggle to get Shell to do a proper repair of their pipelines and clean-up their polluted environment caused by their negligence, which according to him had destroyed their farmlands and fish ponds.

An elderly man from Bayelsa State, Chief Fidelis Ayoro Oguru, who said he suffered much loss including loss of his sight from the activities of Shell in his community, recounted the ordeal his family and himself had to go through as a result of the oil spill and the neglect of their community by Shell.

He aligned with the other victims to demand that SPDC do a proper clean-up of the impacted communities, lamenting how many nights his family slept hungry, with their fishing ponds, farm lands, and economic trees all destroyed, revealing that in his community one could scoop oil only by a little digging into the soil.

Shell Petroleum Development Company (SPDC), which began oil exploration in Nigeria in 1936 has the larger part of its operations domiciled in the oil rich Niger Delta region, has been enmeshed in controversies over the handling of its corporate social responsibility (CSR), which is envisaged as a fitting give back to its beleaguered host communities, which suffer the debilitating brunt of its operations.

The victims, who variously recounted their suffering as a result of the oil spillages due to Shell’s activities to Kristina Reports, could not hold their excitement over the court’s verdict when the court proceedings, which was monitored via Zoom Conferencing by Kristina Reports alongside other stakeholders in Port Harcourt, ended in favour of the victims.