Shell and Environmental Pollution in Rivers State
- By Business World
- Published Monday 15th 2010
- Editorial
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Rating:
In a recently decided case between Elder Barlor . Saakpa and Saturday Gardon (suing for themselves and on behalf of the members of Saakpa family of Baranyowa-Dere of Gokana Local Government Area of Rivers State) and Shell Petroleum Development Company (Defendants), the Federal High Court, Uyo Judicial Division awarded the Plaintiffs the sum of N5.5 billion against the defendants for culpable environmental pollution caused the landed property of about 27 hectares of land belonging to the plaintiffs by the oil exploration activities of the oil giant.
Summarily, the plaintiffs made out a claim of N10 billion as special, general and exemplary damages caused to the plaintiffs’ land and farm crops at the plaintiffs’ Bara- ol Dapere land and Baraganwa-Dere-B-Dere in the Gokana Local Government Area of Rivers State of Nigeria by crude oil spillage from the defendant’s Alese Eleme Bonny Trunk line (crude oil pipeline) B-Dere Bonny Oil Field, Gokana in the Gokana LGA of Rivers State of Nigeria”.
The damage was said to have occurred around late May 2000
In rejecting the judgement by Justice E. S. Chukwu of the Federal High Court, Shell subsequently filed a 67-page notice of appeal at the Court of Appeal, Port Harcourt for erring in law and miscarriage of justice against it.
This is not the first time Shell will be involved in law suits with indigenes of Niger Delta in the course of its history of oil exploration and production in the region since it made its entry into Nigeria’s oil industry. There are a plethora cases to be cited here where judgement has been entered against it in several such suits.
Additionally too, Shell have had cause to reject several of such judgements against it, seeking redress in appellate courts, in an attempt to wear out their legal opponents and also to have judgements turned in its favour over the decades.
In other countries too where Shell operates, there are also alitany of cases instituted against it for environmental pollution, human rights violation and other sundry offences. Shell has attracted negative international publicity over the years on account of its global involvement in oil production activities.
Examining the veracity of such appeals against the monumental environmental damages that have occurred in the Niger Delta and as directly linked to the culpable activities of Shell, there is no doubt that Shell is once again engaged in the game it knows best: throwing its might around in the forlorn hope of purchasing justice on the platter of its financial strength and international connection rather than humbly accept liability in each specific cases where it has been found guilty.
Shell, on account of this, has lost respect among people of the Niger Delta and has earned itself the reputation of a lawless corporate body that commits environmental pollution with impunity - without the Nigerian State been able to check its activities under the law. In fact, most of the cases that have been instituted against the oil giant have been by private individuals whose persons and properties have been affected by the oil exploration and production activities of the oil company.
It is high time Shell did a thorough soul-search in this regard. All the aggrieved persons and bodies that have taken the oil company to court for legal redress could not have been wrong at different times and in the long history of environmental degradation in the oil producing communities in the Niger Delta.
The long chain of destruction of farmlands and other economic livelihoods, the decimation of aquatic and marine life, air pollution caused by gas flaring, that have been linked with Shell should be the basis of such a soul search. Rather than be seen to be mortal enemy of the people of the Niger Delta, Shell should become a friend and a partner-in-progress for economic development of the region and sustainable environment worth living for all.
Summarily, the plaintiffs made out a claim of N10 billion as special, general and exemplary damages caused to the plaintiffs’ land and farm crops at the plaintiffs’ Bara- ol Dapere land and Baraganwa-Dere-B-Dere in the Gokana Local Government Area of Rivers State of Nigeria by crude oil spillage from the defendant’s Alese Eleme Bonny Trunk line (crude oil pipeline) B-Dere Bonny Oil Field, Gokana in the Gokana LGA of Rivers State of Nigeria”.
The damage was said to have occurred around late May 2000
In rejecting the judgement by Justice E. S. Chukwu of the Federal High Court, Shell subsequently filed a 67-page notice of appeal at the Court of Appeal, Port Harcourt for erring in law and miscarriage of justice against it.
This is not the first time Shell will be involved in law suits with indigenes of Niger Delta in the course of its history of oil exploration and production in the region since it made its entry into Nigeria’s oil industry. There are a plethora cases to be cited here where judgement has been entered against it in several such suits.
Additionally too, Shell have had cause to reject several of such judgements against it, seeking redress in appellate courts, in an attempt to wear out their legal opponents and also to have judgements turned in its favour over the decades.
In other countries too where Shell operates, there are also alitany of cases instituted against it for environmental pollution, human rights violation and other sundry offences. Shell has attracted negative international publicity over the years on account of its global involvement in oil production activities.
Examining the veracity of such appeals against the monumental environmental damages that have occurred in the Niger Delta and as directly linked to the culpable activities of Shell, there is no doubt that Shell is once again engaged in the game it knows best: throwing its might around in the forlorn hope of purchasing justice on the platter of its financial strength and international connection rather than humbly accept liability in each specific cases where it has been found guilty.
Shell, on account of this, has lost respect among people of the Niger Delta and has earned itself the reputation of a lawless corporate body that commits environmental pollution with impunity - without the Nigerian State been able to check its activities under the law. In fact, most of the cases that have been instituted against the oil giant have been by private individuals whose persons and properties have been affected by the oil exploration and production activities of the oil company.
It is high time Shell did a thorough soul-search in this regard. All the aggrieved persons and bodies that have taken the oil company to court for legal redress could not have been wrong at different times and in the long history of environmental degradation in the oil producing communities in the Niger Delta.
The long chain of destruction of farmlands and other economic livelihoods, the decimation of aquatic and marine life, air pollution caused by gas flaring, that have been linked with Shell should be the basis of such a soul search. Rather than be seen to be mortal enemy of the people of the Niger Delta, Shell should become a friend and a partner-in-progress for economic development of the region and sustainable environment worth living for all.
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1 Response to "Shell and Environmental Pollution in Rivers State" 
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said this on 13 Jun 2013 7:35:22 PM UTC
Generally I don't read post on blogs, but I wish to say that this write-up very pressured me to take a look at and do it! Your writing taste has been amazed me. Thank you, quite nice post.
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