FILE PHOTO: Ogoni oil spill
Nine years after, an English court sitting in the United Kingdom has begun trial on December 20, 2011, Bonga Oil Spill by Shell Group.
It will be recalled that 450 communities along Nigeria’s coastline of Delta, Bayelsa and Ondo States were reportedly polluted by the wanton crude oil spill covering over 185 kilometres.
A non-governmental organisation (NGO), the Oil Spill Victims Vanguard (OSPIVV), disclosed the ongoing litigation at a press briefing in Ekpan, Uvwie Local Government Area of Delta State on Wednesday.
The executive director of OSPIVV, Harrison Jalla, had, on September 21, 2017, filed a suit against Shell Group for the discharge of over 40,000 barrels of crude oil into the Atlantic Ocean in their Bonga Field operations.
The situation has forced fishermen to desert the sea and polluted farmlands and vegetation in Ekeremo, Southern Ijaw and Brass local government areas in Bayelsa.
Local government areas in Delta State such as Burutu, Warri South, South West and Warri North as well as some riverine areas of Ondo State were also heavily impacted.
Shell had contested the jurisdiction of the case, arguing that an English court could not hear the matter and that the case should be tried in Nigeria.
But OSPIVV and other claimants won the case of jurisdiction on March 2, 2020, and the trial started last month November.
Parts of a statement signed by Jalla and made available to journalists on Wednesday, read: “Shell Group threw everything in the ring to contest the jurisdiction of the English court to entertain the matter since 2017.
“But in a judgement handed down by the Hon. Justice Stuart Smith on 2nd March 2020, the English Court assumed jurisdiction and ruled in favour of OSPIVV, individual and community claimants in the matter.
“The matter has since been heard on the 19th of November, 2020 in a case management session by both parties under a new judge, Honourable Justice Mrs O’ Farrell, which outlined how matters will progress in the main trial.
“The ongoing action is to compel the Shell Group and its subsidiaries to do the cleanup, rectification, restoration, compensation and damages occasioned by the negative impact of December 20, 2011, Bonga spill.”
The statement further added that the action was “propelled by gross negligence of Shell Trading and Shipping Company (STATSCO) and Shell Nigeria Exploration and Production Company (SNEPCO) in their Bonga Field Operations.”
Jalla, who expressed optimism that the claimants would win the case, said that Shell was still arguing that the spill didn’t reach the shores.
“What Shell has to prove is that the oil spill didn’t get to shore. We have won the issue of jurisdiction and the matter is holding in London.
“We are 100 per cent sure of victory because all the pieces of evidence are there,” OSPIVV director, who also disclosed that a new law firm with a speciality in oil and gas matters, Rosenblatt Ltd, had replaced Johnson and Steller Solicitors, which was earlier handling the case, boasted.
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