His Royal Highness King Godwin Bebe Okpabi has carried bottles of water drawn from the wells of his homeland in the Niger delta to the high court in London.
It stinks. “This is the water that Shell has left for my people,” said the ruler of the Ogale community in Ogoniland, Nigeria. “This is poison, and they are spending millions of dollars to pay the best lawyers in the world so that they will not clean my land.”
For the past three and a half weeks, lawyers for Shell have argued at the high court that their client cannot be held responsible for an environmental catastrophe in Ogale, which has suffered from decades of spills and pollution from oil extraction.
For most of that time, Okpabi was there too, watching proceedings in court 63, a nondescript room lined with empty bookcases. Between hearings, he met journalists and activists to spread word of the health crisis his people face.
“A people have been completely destroyed: people’s way of life destroyed; people’s only drinking water, which is the underground water aquifer, has been poisoned; people’s farmland has been completely poisoned; people’s streams that they use [for] their normal livelihood have been completely destroyed,” he said.
When oil first flowed from the wells in Ogoniland in 1956, before Okpabi was born, it was a lush landscape of mangrove forests. Its sparkling watercourses were populated by fishes, crabs, oysters and other creatures. The land’s people were primarily fishers and farmers.
Five and a half decades later, scientists from the UN Environment Programme visited the region to investigate the industry’s effects. They found extensive soil and groundwater contamination, mangrove roots choked with bitumen-like substances, surface water in creeks and streams covered in thick layers of oil. The fish had fled or died and farmers struggled to grow crops in fields soaked with oil.
Of all the areas tested, Nisisioken Ogale, Okpabi’s domain, was “of most immediate concern”. People there were drinking from wells contaminated with benzene, a known carcinogen, at levels more than 900 times the World Health Organization (WHO) guideline. Follow-up testing carried out in the same area last year found levels that were even higher – 2,600 times the WHO guideline.
The effects of this contamination have been tragic, says Okpabi. “There is a lot of cancer: young girls of 20 to 30 years old, 40 years old, developing breast cancer and other forms of cancer; a lot of strange skin diseases that we don’t know the cause of; low life expectancy, people just drying up and dying. Even eye diseases. In some cases birth defects … Strange diseases everywhere in our lives.”
The trial centres on claims by Oganiland’s Ogale and Bille communities that the enduring effects of hundreds of leaks and spills from Shell’s pipelines and infrastructure have breached their right to a clean and healthy environment.
The three and a half weeks of hearings, which ended on Friday, were a “preliminary issues trial”, heard by Mrs Justice Juliet May, to determine the scope of the legal issues to be decided at the case’s full trial, set for late 2026. Although the case is being heard by a British judge in a UK court, it will apply Nigerian law, and so May heard from a range of senior Nigerian lawyers about what the law is and how it should be applied.
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The claimants, represented by the London law firm Leigh Day, argue that oil pollution by a private company could be legally construed as a violation of a community’s fundamental rights under the Nigerian constitution and African charter. A second key issue was whether Shell could be held responsible for damage to its pipelines due to oil theft, or for the waste produced as a result of illegal refining of spilled or stolen oil – endemic in the Niger delta.
Shell argues it cannot be held responsible. The company insists its Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC), works closely with the Nigerian government to prevent spills and to respond to them and clean them up when they do occur.
“We strongly believe in the merits of our case. Oil is being stolen on an industrial scale in the Niger delta. This criminality is a major source of pollution and is the cause of the majority of spills in the Bille and Ogale claims,” a spokesperson for the company said.
But for Okpabi, the legal technicalities wrangled over in the court have been frustrating, “because as we are sitting here for these three weeks, people are dying at home,” he said.
“I’m not a lawyer, but as I sit down in the court and I see all the arguments going on, Shell trying to bring up arguments as if to try to see how they can wheedle their way out [of it], it’s very painful. But I trust the judicial system here.”
Source: theguardian.com
