ENVIRONMENTAL RIGHTS ACTION/FRIENDS OF THE EARTH NIGERIAJanuary 29, 2021PRESS STATEMENT JUSTICE FOR 4 NIGERIAN FISHERMEN: NO HIDING PLACE FOR SHELL

The Environmental Rights Action/Friends of the Earth Nigeria welcomes the recent judgementby the Netherlands court of appeal that held Shell liable for the oil spills it caused acrossNigeria’s coastal communities of the Niger Delta in 2008. Recall that in 2008, four Nigerian farmers from Ikot Ada Udo, Oruma and Goi in the Niger Deltasupported by the Environmental Rights Action/Friends of the Earth Nigeria and sisterorganization, Milieudefensie/Friends of the Earth Netherlands, sued Shell because of oilpollution in the three Nigerian villages. This case was the first in which a Dutch company, together with its subsidiary, had been sued ina Dutch court for damage caused abroad. Shell in the process argued that the actions committed in Nigeria cannot be tried in theNetherlands. It also denied it caused the spill and that criminals and third party interferencewere responsible for oil spills in 2008.On their part, the farmers demanded that Shell clean up the oil spills; pay compensation for thedamages caused; and improve the maintenance of its pipelines and installations to preventfuture spills.The court had ruled in December 2015 that Shell must provide the plaintiffs internal companydocuments essential to the case and this was the first of its kind in the Dutch legal history.In a press statement, Barr Nosa Tokunbor, legal officer, Environmental Rights Action/Friends ofthe Earth Nigeria stated that the case had dragged on for over 13 years with a lot of legalsomersaults occasioned by Shell, noting the appeal court in the Hague on January 29, 2021ruled that Royal Dutch Shell was liable to pay compensation for the oil spills which pollutedrivers, fishpond and farmlands that thousands of local farmers and fishermen. But reacting to the court ruling, Dr Godwin Uyi Ojo, Executive Director, EnvironmentalRights Action/Friends of the Earth Nigeria (ERA/FoEN), described the outcome of thecase as a landmark judgment which the organisation is very proud of.He said the judgement showed that the days of oil companies in Nigeria, particularlyShell criminalizing local communities and framing them up for sabotage of crude oilpipelines are over. According to him, “Shell no longer has any hiding place, as thisvictory will open up a floodgate of court cases against Shell and the oil companies doingbusiness in Nigeria and hiding under weak regulations, lack of enforcement of its extantrules, and taking advantage of the lack of political will of the Nigerian government tobring oil transnationals to account.”

“The significance of the landmark judgement is that it addresses the question of accessto justice that is very much in question in Nigeria when it comes to holding the oilcompanies accountable for their human rights violations and environmentaldegradation. The judgment has further shown the environmental liability of parentcompanies for the conduct of their foreign subsidiaries,” Ojo stated. Ojo further stated that “the judgement is urgent and strategic as the world transits away fromfossil fuels there is the need to ensure that the devastation done to our environment by Shell iscleaned up and appropriate compensation is paid to communities that have suffered in manycases irreparable losses”. Notably, Shell has been selling its land based assets and along withit, its legacies of environmental devastation, social dislocation, violence and poverty to avoidaccountability. Therefore, “Our communities owe it to themselves and their generations unbornto ensure that Shell does not escape its responsibilities”.Ojo, called on the Niger delta communities and CSOs not to relent in their pursuit for justiceadding that over 13 years struggle in the court has paid off. He enjoined Shell to comply withthe court proceedings while urging the judge to do the needful in awarding compensation andpreventive costs. ERA/FoEN again calls on the Nigerian government to revamp its regulatory bodies in the oilindustry, ensure that criminal acts of oil transnationals are punished severely and that thecountry starts taking concrete steps to wean Nigeria of its dependence on revenues from oil andgas, build a new economy on the back of a clear renewable energy framework as quickly aspossible and ensure the gradual phasing out of oil and gas activities in Nigeria.Signed:Nosa Tokunbor, Legal Officer, Environmental Rights Action/Friends of the Earth Nigeria.

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