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"At a time when Shell is making unprecedented profits, it is high time that it addressed the ongoing pollution caused to these communities by its operations," said one attorney representing plaintiffs from the Niger Delta.
More than 13,650 Nigerians have filed claims against Shell for years of unremedied oil spills that are causing ecological destruction, disease, and death.
As The Intercept reported Wednesday: "Niger Delta communities have been facing pollution caused by Shell for decades, devastating their health and livelihoods. In 2011, the United Nations Environment Programme reported that the threat to public health warranted 'emergency action.' At the time, the cleanup process would have taken 30 years, if initiated immediately."
"It never happened," the investigative outlet noted. "Shell refused to cooperate, and the situation has only gotten worse, with 55 oil spills in the last 12 years. Amnesty International called the Niger Delta region 'one of the most polluted places on earth.'"
Last Friday, 11,317 residents from Ogale—a rural community in Nigeria home to roughly 40,000 people—and 17 local groups filed individual claims against Shell at the High Court of Justice in London, where the company is headquartered. They joined 2,335 of their fellow citizens from Bille—an island community of around 15,000 people where fish have virtually disappeared—who had already filed individual claims against the oil giant at the High Court in 2015.
Individual claimants are seeking compensation for loss of livelihoods. In addition, class-action lawsuits filed on behalf of Ogale and Bille inhabitants in October 2015 and December 2015, respectively, are seeking compensation for damages to communally owned property, including waterways, farmland, and public infrastructure.
British law firm Leigh Day, which is managing all four cases together, said Thursday in a statement that the communities want Shell to clean up their mess and pay up for destroying local residents' ability to farm and fish, which has left many with no source of income.
"If you don't have money, you can't drink water. It's like we are living in a desert, while we are living on the water."
"As we speak, oil is spilling in my community every day," King Emere Godwin Bebe Okpabi, leader of the Ogale community, told The Intercept. "People are dying."
Chief Bennett Dokubo, a community leader from Bille, told the outlet that drinking water contaminated by Shell has led to major cholera outbreaks. Avoiding disease depends on one's ability to purchase expensive bottled water from the city.
"If you don't have money, you can't drink water," he said. "It's like we are living in a desert, while we are living on the water."
Shell executives have so far managed to avoid accountability during the seven-plus years the Ogale and Bille communities have been engaged in litigation against them.
In February 2021, however, plaintiffs scored a procedural victory when the United Kingdom Supreme Court ruled unanimously that there was "a good arguable case" that Shell plc, the parent company in London, was legally responsible for the pollution generated by its Nigerian subsidiary, Shell Petroleum Development Company (SPDC). The court ordered the case to proceed to trial to determine whether Shell and SDPC are guilty of harming the Niger Delta communities and should pay for redress.
In response, Shell argued in its November 2021 defense filing that "the company had no legal responsibility to deal with the consequences of spills," The Intercept reported. "The oil giant contended that any legal claim must be brought within five years of any specific spill, even if a cleanup never took place. Shell also claimed that only the Nigerian regulatory authorities have the power to force them to clean up; those authorities, however, are chronically under-resourced."
Leigh Day warned Thursday that Shell's legal arguments, if successful, "will have far-reaching consequences." As the law firm explained: "The implications of these legal arguments are that oil-impacted communities in Nigeria will be unable to seek cleanup of their environments. In addition, communities would be unable to claim compensation for loss of livelihoods unless they are able to prove the damage was caused by operational failure within five years of the date of issuing the claim. For most Nigerian communities living with legacy pollution, that would essentially deprive them of any legal remedy against oil companies."
Conversely, Bloomberg reported that "if the oil giant loses the upcoming trial, it could open U.K.-incorporated firms—including in the energy and mining industries—to potentially costly lawsuits in British courts from groups around the world that accuse them of harm through overseas subsidiaries."
Matthew Renshaw, a partner at Leigh Day who represents the Nigerian claimants, lamented that "instead of engaging with these communities, Shell has fought them tirelessly through the courts for the past seven years."
"At a time when Shell is making unprecedented profits, it is high time that it addressed the ongoing pollution caused to these communities by its operations," said Renshaw. "The question must be asked whether Shell simply plans to leave the Niger Delta without addressing the environmental disaster which has unfolded under its watch?"
"It appears that Shell is seeking to leave the Niger Delta free of any legal obligation to address the environmental devastation caused by oil spills from its infrastructure over many decades."
Shell reported Thursday that its profits more than doubled in 2022 to a record $40 billion.
All the money Shell has made from exploiting the Niger Delta's people and environment since it discovered oil in the area in 1956 "is blood money," Okpabi, the king of Ogale, told The Intercept. "And we are going from courthouse to courthouse."
Although cleanup would cost Shell a fraction of its annual profits—roughly $1 billion for the first five years, according to a recent U.N. estimate—Renshaw told the outlet that the company has been "incredibly resistant" to any form of public health oversight or probes, adding that it is vulnerable to much more litigation.
"There are literally hundreds of communities that have been impacted by Shell's oil pollution," he said, "and could seek to bring legal claims against Shell."
As the cases against it mount, Shell has moved toward abandoning the region. The company announced in 2021 that it plans to leave the Niger Delta and sell its onshore oil fields, leaving wrecked communities and ecosystems in its wake.
Last June, however, "Shell was forced to suspend sales, complying with a Nigerian Supreme Court ruling that said it had to wait for the outcome of an appeal over a 2019 oil spill, brought in Nigerian court, which stated the company needed to pay the Niger Delta communities nearly $2 billion in compensation," The Intercept noted.
Regarding Leigh Day's current case, the full trial in London's High Court is expected to occur in 2024.
"This case raises important questions about the responsibilities of oil and gas companies," said Leigh Day partner Daniel Leader.
"It appears that Shell is seeking to leave the Niger Delta free of any legal obligation to address the environmental devastation caused by oil spills from its infrastructure over many decades," Leader observed. "At a time when the world is focused on 'the just transition,' this raises profound questions about the responsibility of fossil fuel companies for legacy and ongoing environmental pollution."
The Pentagon's stated commitment to transparency on civilian casualties was questioned Tuesday in an Interceptreport noting that the Department of Defense has failed to respond to a group of House Democrats who set a three-month deadline to explain the U.S. military's role in a 2017 Nigerian airstrike that killed more than 160 noncombatants.
"It sends a worrisome message that, at minimum, the Defense Department is unwilling to engage on an issue affecting countless lives."
On September 8, Reps. Sara Jacobs (D-Calif.), Jason Crow (D-Colo.), Ro Khanna (D-Calif.), Tom Malinowski (D-N.J.), and Andy Kim (D-N.J.)--the Protection of Civilians in Combat Caucus--sent a letter to Defense Secretary Lloyd Austin citing reporting that the U.S. military provided Nigerian forces with intelligence support ahead of a January 17, 2017 airstrike on a refugee camp in Rann, Borno state, in the country's northeastern corner.
Nigeria bombed the camp believing it was a base for Boko Haram fighters. More than 160 civilians died in the attack, including six Red Cross aid workers. A formerly classified U.S. military document obtained by The Intercept referred to the strike as a "U.S.-Nigerian" operation. Days after the attack, U.S. Africa Command (AFRICOM) secretly ordered a probe of the airstrike.
The lawmakers asked what was the nature of U.S. involvement in the strike, whether the military provided intelligence or other support to its Nigerian partner, and other questions, asking Pentagon officials to reply "no later than 90 days" after they received the letter. That deadline was nearly two weeks ago.
\u201c\u201cI don\u2019t think we\u2019re going to get a lot of joy on this one,\u201d said a Pentagon spox. He was right. Full story @theintercept https://t.co/agNhczbGFg\u201d— Nick Turse (@Nick Turse) 1671628659
"The Pentagon's failure to provide information and documents... to determine possible U.S. involvement in an airstrike that took many civilian lives in northeast Nigeria does not bode well for the U.S. government's expressed commitment to transparency and accountability," Human Rights Watch Nigeria researcher Anietie Ewang told The Intercept.
"It sends a worrisome message that, at minimum, the Defense Department is unwilling to engage on an issue affecting countless lives and may even reflect an attempt to evade responsibility," she added.
\u201cThe U.S. military secretly commissioned Brig. Gen. Frank Stokes to investigate the Rann #Nigeria airstrike that killed 160+ civilians but told him to avoid questions of wrongdoing or recommendations for disciplinary action. \n\nThey won't say what he found. \nhttps://t.co/VAIzKvU6Us\u201d— Nick Turse (@Nick Turse) 1659038161
The Intercept's Nick Turse writes:
In August, the Pentagon unveiled a Civilian Harm Mitigation and Response Action Plan, which provides a blueprint for improving how the U.S. military addresses civilian harm. The plan calls for a new emphasis on the "proactive release of information" and "transparency regarding [Defense Department] policies and processes for mitigating and responding to civilian harm"--but not until next year.
The formerly secret AFRICOM document obtained by The Intercept, along with reporting by Nigerian journalists and interviews with experts, suggests that the U.S. may have launched this rare internal investigation because it secretly provided intelligence or other support to the Nigerian armed forces who carried out the deadly strike.
Asked to comment on the missed deadline, Pentagon spokesperson Col. Phillip Ventura told The Intercept that "I don't think we're going to get a lot of joy on this one."
"The Department of Defense is aware of the matter and addressing the concerns of Congress directly with them," Ventura told the outlet after the article's publication.
"As a department, we have long recognized the strategic and moral importance of mitigating harm to civilians--whether resulting from a U.S. military operation or an operation conducted by our allies and partners," he added, "and we will continue to improve by implementing the steps outlined in the Civilian Harm Mitigation and Response Action Plan (CHMR-AP), which Secretary Austin approved in August of this year."
Earlier this week, Jacobs and Sen. Elizabeth Warren (D-Mass.) sent a letter to Austin expressing alarm over the "vast difference" in the number of civilians the Pentagon claims responsibility for killing during U.S. attacks and casualty figures compiled by independent investigators.
As the fossil fuel industry gathered in Cape Town for Tuesday's start of Africa Energy Week, African climate campaigners took to the streets and social media to reject a ploy to use the continent's development and energy crises as a pretext for accelerating oil and gas extraction.
"The push for investment in fossil fuels is likely to perpetuate the triple injustices of energy, social, and environmental crises."
Activists with Extinction Rebellion Cape Town rallied Tuesday outside one of the conference's venues to demand investment in renewable energy and a transition from a carbon-based economy.
"We reject the fossil fuel industry's drive to expand in Africa when African people are suffering from the climate impacts of the industry," Extinction Rebellion Cape Town spokesperson Judy Scott-Goldman told IOL.
Courtney Morgan, a South African campaigner with the African Climate Reality Project, said in a statement that "the Africa Energy Week program is a systematic plan by the fossil fuel industry for the massive scaling up of oil and gas in Africa."
"It's a declaration of war on Africa's sustainable future and the global climate crisis," she added. "This is not the Africa we want."
\u201cNo More Oil, No More Gas \n\nAfricans lead by the Don't Gas Africa & Extinction Rebellion South Africa are camping at the Africa Energy Week in Cape Town.\n\nOur message is clear, promote real people centred energy solutions and not exploitative fossil fuels to appease corporations.\u201d— StopEACOP (@StopEACOP) 1666088970
It is the Africa that the fossil fuel industry--which is pivoting to the continent as much of the West ditches Russian energy--wants. Kicking off Africa Energy Week with a welcome speech, African Energy Chamber executive chairman N.J. Ayuk waxed bullish on the future of fossil fuels.
"We cannot say this industry is done," the Cameroonian author of Big Barrels: African Oil and Gas and the Quest for Prosperity and other pro-fossil fuel tomes defiantly declared. "We are going to be the drivers of the future and shouldn't have to apologize for wanting to drive growth, create jobs, and create opportunities."
"So, welcome to this city," he added. "Let us go change Africa, make our voices known, and sign deals."
Taking the stage later in the African Energy Week opening session, Yemi Adetunji, general manager of Nigerian National Petroleum Corporation, asserted that "African countries are responsible for just 4% of emissions, and therefore, their priorities are to develop fossil fuels to drive economic prosperity and bring energy to the 600 million people without electricity."
In a bid to push fossil fuels, some African climate ministers have tried to exploit Africans' wariness of Western powers--including some of their former colonizers--dictating a so-called European model of energy transition.
However, African climate campaigners vehemently reject this view.
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"Collusion by European and African energy elites to continue colonizing the continent with dirty energy infrastructure will saddle Africa with dangerous projects that it doesn't need, entrench the energy apartheid facing millions of Africans, and risk tipping Africa and the world into catastrophic climate disruption," argued Dean Bhekumuzi Bhebhe, campaigns lead for Power Shift Africa.
Landry Ninteretse, regional director at 350Africa.org, said that "the push for investment in fossil fuels is likely to perpetuate the triple injustices of energy, social, and environmental crises hundreds of millions of Africans are confronted with."
"Such plans will not only lock the continent into reliance on climate-wrecking energy sources but also delay the much-needed transition to renewable energy," the Burundian continued.
"It is imperative that officials at Africa Energy Week revise their message," Ninteretse added, "and prioritize sustainable, inclusive, and diversified energy plans that directly benefit Africans and protect their basic rights, livelihoods, environment, and future."
This year's Africa Energy Week comes as drought, desertification, wildfires, and floods--all exacerbated by climate change--ravage much of the continent of 1.2 billion inhabitants. Swaths of southern Nigeria are reeling from catastrophic flooding that has killed at least 600 people while displacing more than 1.3 million in recent weeks.
"The effects of climate change are very real and getting worse," African American writer and activist Ty Ross tweeted in response to the Nigeria floods. "Let's see if the colonizers, robber barons, and oil companies will step up and help a country they environmentally raped for its resources."