2025-06-23
LONDON – In a major win for environmental justice, the UK High Court has ruled that Shell and its former Nigerian subsidiary can be held legally responsible for decades of oil pollution in the Niger Delta.
There were two investigations funded by Journalismfund Europe into the consequences of Shell's activities in this area.
This investigation, supported by Environmental Investigative Journalism grant programme, revealed that the British Shell pipeline leaked and spilled a total of 16,000 barrels of oil only on 25 August 2022 that affected an area of 3900 meters in Bodo Community in Southern Nigeria, and since the pollution, the victims have not yet received compensation.
A more recent investigation, supported by Fossil Fuels grant programme, revealed that Shell’s departure from Niger Delta, as the oil giant was going to sell its subsidiary in the region, would be leaving behind a toxic legacy without the financial or legal mechanisms in place to address it. The Hight Court's decision coming months after this investigation could have far-reaching consequences for corporate accountability, especially in communities hit hard by extractive industries.
For decades, Royal Dutch Shell has operated in Nigeria’s Niger Delta, a region now regarded as one of the most polluted in the world. Between 2011 and 2024, Shell alone has reported spills amounting to over 110,000 barrels of crude oil, though many experts suspect the true figure is far higher. The company’s oil extraction activities have caused major environmental destruction, devastating local livelihoods, contaminating water supplies, and leaving vast areas of farmland unusable.
The journalists pointed out that a sale of Shell Petroleum Development Co. Nigeria (SPDC) could absolve Shell of future liability for malfunctions at SPDC’s installations: Shell had argued that there was a strict five-year limitation period and that the communities were barred from claiming in relation to any oil spills that took place more than five years ago, even if the company had not cleaned up the pollution.
On June 20, 2025, the UK High Court has ruled that Shell and its former Nigerian subsidiary can be held legally responsible for legacy, or historic, oil pollution which has devastated the environments of two communities in Nigeria.(The case was brought by two Nigerian communities, Bille and Ogale, who say their land and water have been contaminated by oil spills for years)
The judgement means that Shell, and its former Nigerian subsidiary, can be held liable for oil spills and leaks going back many years. This means that the claims against Shell plc will proceed to trial and there will be scrutiny of Shell plc’s involvement in its Nigerian operation over many years, which resulted in chronic pollution to the Bille and Ogale communities.
This historic decision means Shell can be held accountable for:
– Previous oil spills in Niger Delta – even prior to 2020 – if they have not been properly cleaned up.
– Any ongoing harm while that oil remains on the land.
– Pollution linked to oil theft (bunkering) and illegal refining, where Shell failed to secure infrastructure or where staff were complicit.
– Its role as a parent company of SPDC.
The trial against Shell and its former Nigerian subsidiary, including in relation to the complicity of their staff in illegal activities that caused pollution, will now take place in early 2027.
Photo: Modest Franco
