Friday 18 December 2015

Shell to face Nigeria oil spill suit

A Dutch judge has ruled that a court in the
Netherlands should hear a case against Royal
Dutch Shell brought by four Nigerian farmers.
The farmers and fishermen want Shell to clean up
oil spills in four villages in the Niger Delta and
pay compensation.
The latest ruling overturns a decision that was
made two years ago by a lower court.
The oil giant said it was disappointed with
decision made by appeals court judge Hans van
der Klooster.
He ruled that Dutch courts had jurisdiction in the
case against Shell and its Nigerian subsidiary.
The court in The Hague will hear the case in
March to determine whether Shell is responsible
for the Nigerian spills.
In January 2013, a lower court rejected the
farmers' case, saying that Shell could not be held
responsible for the pollution in the impoverished
region.
However, judges had ruled that Shell's Nigerian
subsidiary was partly responsible and ordered it
to pay compensation in one claim, but not in the
three other claims.
On Friday, Mr van der Klooster agreed with the
Nigerian farmers' appeal.
"All appeals by Shell are rejected," he said.
The judge also ordered the company to hand over
documents that could show its failure to properly
maintain oil pipelines and prevent sabotage.
Nigeria is Africa's largest oil producer and the
world's 13th largest, pumping out more than 2.4
million barrels a day.
Shell's Nigerian subsidiary, Shell Petroleum
Development Company of Nigeria, said: "We
believe allegations concerning Nigerian plaintiffs
in dispute with a Nigerian company, over issues
which took place within Nigeria, should be heard
in Nigeria."
Shell has always blamed the leakages on
sabotage, which under Nigerian law would mean
it did not have to pay compensation.
The Dutch court said on Friday it could not be
assumed that the oil leaks were caused by
sabotage.
Friends of the Earth Netherlands, which has
helped the farmers bring their legal action, said:
"The ruling is unique and can pave the way for
victims of environmental pollution and human
rights abuses worldwide to turn to the
Netherlands for legal redress when a Dutch
company is involved."
Shares in Shell rose 1%, or 14p, to £14.64 in
London in late trading.

BBC . Com

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