OGALE STAKEHOLDERS RECEIVE LEGAL BRIEFING ON LANDMARK COURT RULING IN SHELL POLLUTION CASE
Ogale, Eleme – July 11, 2025
The Royal Court at Obarijima Palace, Ogale, was the venue of a momentous
stakeholders’ meeting on Friday, July 11, 2025, as members of the Ogale
community gathered to receive a comprehensive legal update on their
long-standing environmental lawsuit against oil giant Shell. The briefing was
delivered by Mr. Anthony Hayward of Leigh Day, the UK-based law firm
representing both Ogale and Bille communities in the case currently before the
High Court in London.
Presiding over the gathering was His
Royal Highness, King Godwin Maduabushi Bebe Okpabi Paramount Ruler of Ogale
and Oneh-eh Nchia X. The meeting drew a cross-section of the community:
traditional chiefs, women leaders, youth representatives, legal observers, and
members of the diaspora, all unified by a deep concern over the environmental
devastation that has plagued Ogale for decades.
A
Legal Turning Point for Ogale and Bille
Mr. Hayward’s update focused on the
preliminary issues trial which ran from February 13 to March 7, 2025, and
culminated in a ruling on June 20 by Mrs. Justice May. The judge categorically
rejected Shell’s attempts to limit the scope of the case, declaring that the
oil giant could still be held liable for so-called “legacy pollution”—spills
and contamination going back many years.
According to Mr. Hayward, “The
ruling confirms that Shell’s failure to clean up oil spills constitutes an
ongoing breach of duty, giving affected communities the legal right to pursue
claims as long as the contamination persists.”
He added that Justice May acknowledged
a potential daily legal infraction where oil remains on the land—a
groundbreaking interpretation that could significantly reshape the legal
landscape of environmental accountability for multinational corporations.
Illegal
Bunkering and Complicity of Shell Staff
The court also dismissed Shell’s
argument that pollution from illegal oil bunkering and artisanal refining
absolved it of liability. Instead, the judge found that Shell could be held
accountable if it failed to secure its infrastructure, especially where there
is evidence of complicity by its employees or contractors.
This aspect of the case is expected
to take center stage during the full trial set for early 2027. The Ogale and
Bille communities plan to present extensive evidence implicating Shell
personnel in facilitating or turning a blind eye to illegal activities that
have poisoned their environment.
Shell
PLC on Trial
Justice May also ruled that the
parent company, Shell PLC, could be held liable for environmental damage caused
by its Nigerian subsidiaries. This allows the case to scrutinize Shell’s
corporate oversight and decades-long operation in the Niger Delta.
While the judge declined to advance
the communities’ constitutional rights claims—citing jurisdictional
limitations—she acknowledged that environmental harm could engage the right to
life under the Nigerian Constitution. This, Mr. Hayward noted, leaves the door
open for future constitutional litigation within Nigerian courts.
Community
Voices Frustration and Seeks Answers
Despite the promising legal
victories, community leaders expressed growing frustration over the slow pace
of justice. Mr. Amadi Igwe, CDC Chairman, and youth leader Comrade Walter
Olaka, alongside others like Chief Abel Kaalo and Hon. Eson Akarada, decried the
deteriorating condition of their land and underground water.
“Our streams are polluted, our air
is toxic, and our farmland is dying,” said Mr Amadi Igwe. “We need urgent
solutions. This process is taking too long.”
There were also murmurs of
discontent regarding rumors of backdoor compensations from Shell to traditional
authorities. Anthony Hayward swiftly addressed these concerns, clarifying that
no settlement has been reached and that any resolution would involve full
transparency and participation from the community.
A
Path Toward Settlement?
In a potentially hopeful turn,
Hayward hinted at the possibility of an Alternative Dispute Resolution (ADR)
process later in the year. If Shell approaches Leigh Day before the scheduled
trial, discussions could take place between November and December 2025.
He also revealed that Shell will be
compelled to disclose documents relating to spills and cleanup efforts over the
years—evidence that could bolster both community and individual claims.
Symbolic
Handovers and Renewed Resolve
One of the highlights of the meeting
was the formal presentation of Certified True Copies of both the recent High
Court ruling and the earlier 2021 UK Supreme Court decision in Okpabi v
Shell plc to King Bebe Okpabi. The King received them on behalf of the
Ogale community, marking a symbolic step in the struggle for justice.
The meeting ended on a spirited note
as Dr. Phill Te-Nwaji delivered a heartfelt vote of thanks. “We thank Leigh Day
for standing with us,” he said. “May this legal battle be the one that finally
wrestles Shell to the ground and changes the Ogale story forever.”
As Ogale looks ahead to 2027, the
community remains resolute—armed not only with legal representation but with
unity, truth, and history on their side.
Prime Heritage Magazine
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