In 2008, fourteen years ago, four Nigerian fishermen and farmers filed a case against petroleum giant Shell, over oil leaks that affected rivers and farmlands in their communities.
Now all dead, a Dutch Court of Appeal has ruled in their favour, ordering Shell to pay a compensation of approximately $16 million to the family and affected communities of the victims.
Although the judgement has received huge commendations, especially since the deaths of the plaintiff did not affect the judgement of the case, critics are asking if financial compensation is enough.
According to reports, oil spills that occurred from Shell pipelines between 2004 and 2007 caused serious environmental damage to host communities in Southern Nigeria. Farmlands and rivers were affected by the spill, causing untold hardships as farmers could not cultivate crops, and the rivers became inhabitable for marine wildlife. There were also large numbers of deaths recorded in the region as a result of the pollution.
Four farmers represented their communities and sued Shell for the damage which resulted from spills from their oil pipelines passing the communities. Although the farmers would lose their lives in the struggle, an international environmental campaign group called Milieudefensie – the Dutch division of Friends of the Earth took the case further and pushed for compensation for the victims.
The four farmers and fishermen who sued Shell in 2008 are Barizaa Dooh, Elder Friday Alfred Akpan, Chief Fidelis A. Oguru, and Alali Efanga.
Friends of the Earth took the case before a Dutch Court seeking compensation for the damage of the oil spills to the families of the victims and their communities. After deliberations, the Dutch Court ruled that the Nigerian branch of the Shell Corporation was guilty of negligence and responsible for the oil spills that affected the communities.
The court also awarded a total of £13 million (approximately $16 million) in compensations to be paid to the families of the plaintiff and their communities.
According to a joint statement released by Friends of the Earth and Shell – both parties involved in the negotiations, the compensation will be given based on “no admission of liability,” and a clause explicitly specifies that nothing in the agreement amounts to an admission of guilt.
“We appreciate this compensation; we can build up our community again,” Eric Dooh, the son of one of the farmers who launched the case in 2008 alongside the Dutch branch of Friends of the Earth, said. “We can start to re-invest in our living environment.”
Critics believe that although the compensation is not much—given the circumstances, damages, and lack of commitment for the future from the company—the judgement is a milestone achievement for environmental protection activists across the globe.
They, however, claimed that there is doubt anything will change anytime soon as the impact of oil spills continues to endanger the livelihood of people of Southern Nigeria – especially those from communities such as Goi, Oruma, Ikot Ada Udo, who are yet to receive any form of reparations.
As part of the ruling, the court also ordered Shell to install an early leak detection system in the affected communities. In its report and joint statement with Shell, Friends of the Earth revealed that the detection systems have been installed.
What are your thoughts? Do you think the penalty is enough?
