Villagers press Niger Delta pollution case in Shell’s backyard

The fishermen and farmers, backed by the Friends of the Earth campaign group, accuse the oil giant of polluting land and waterways around their homes in the Niger Delta region of Africa’s top energy producer.

Shell denies responsibility, saying the leaks were caused by sabotage.

The villagers launched their claim in a civil court in The Hague yesterday, where Shell has its joint global headquarters.

It was the first time a Dutch-registered company had been sued in a Dutch court for offences allegedly carried out by a foreign subsidiary. Friends of the Earth said the claim, if successful, could open up a route for plaintiffs to take on multinationals – by suing their parent companies in their home countries.

The villagers, who appeared in court, want unspecified damages saying Shell and other corporations were responsible for pollution from three oil spills between 2004 and 2007.

“My community is a ghost land as a result of the devastation. We had good vegetation. Today people have respiratory problems and are getting sick,” said plaintiff Eric Dooh, from the Goi community, which lives between two pipelines.

“Shell is aware of the devastation. I want them to pay compensation, to clean up the pollution so we can grow our crops and fish again,” the 44-year-old told the hearing.

Shell claims the pollution was caused by thieves breaking into pipelines to steal the oil, and believes it has played its part in cleaning it up.

“The matter has been resolved as far as we are concerned and we do not properly understand why Friends of the Earth has submitted the case,” Allard Castelein, Shell’s vice president for environment, said.

Around 150,000 barrels of oil – worth a notional $6 billion a year (£4bn) – are allegedly stolen every day in the Delta.

Friends of the Earth said other companies could face similar claims in European Union cities if it won the case.

“It opens up a range of possibilities for people from poor countries to use the legal system to seek compensation from companies,” said Geert Ritsema, international affairs co-ordinator at the campaign group during a break in proceedings.

The Nigerians’ lawyer, Channa Samkalden, told the court Shell had failed to maintain pipelines, clean up leaks and prevent pollution.

“It was insufficient maintenance, not sabotage, that was responsible for the leaks … Shell did not operate as a conscientious oil company,” she said.

With around 31 million inhabitants, the Niger Delta is one of the world’s most important wetland and coastal marine ecosystems, providing natural sources of food for a poor, rural population.

Last year, the United Nations said in a report the government and multinational oil companies, particularly Shell, were responsible for 50 years of oil pollution that had devastated the Ogoniland region, part of the delta. The government and oil firms have pledged to clean up the region and other parts of the delta, but residents say they have seen little action.

Shell Petroleum Development Co (SPDC) is the largest oil and gas company in Nigeria, with production capacity of more than one million barrels of oil equivalent a day.