- The story of
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The leak occurred in a forest named Olumogbogbo, in a type of creek that is actually swamp. I saw raw oil coming up where the Shell pipelines were. Oil floated on the water of the creek and covered our fish ponds, fields and crops.
- Support the Nigerian people. Join the 500 Club
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Become a member of the 500 Club. Be one of the 500 concerned people to support us in our legal case against pollution by Shell. In late 2008 Friends of the Earth Netherlands (Mileudefensie) brought this case before the court, together with four Nigerian farmers who had suffered damages. Shell has already been found guilty several times in Nigeria for damage it has caused, but often the judgements have not been executed. Four Nigerian farmers have therefore summoned Shell to appear before a Dutch court. Will you give them your support?
Frequently asked questions
1. Why are you concerned only with Shell in Nigeria and not with other oil companies?
2. Why is Shell responsible for the oil leaks in Nigeria?
3. Nigeria is a corrupt country and that is why everything goes wrong there. So, why do you blame Shell?
4. But aren’t the oil leaks in Nigeria caused by sabotage?
5. Why isn’t the oil pollution cleaned up properly?
6. Who are the victims of the oil pollution?
7. Why are only four people involved in the court case?
8. Couldn’t all Nigerians who have suffered damages file a lawsuit in The Hague?
9. Why haven’t the four Nigerians brought their case to a Nigerian court?
10. How do the villagers stand to gain from these court cases?
11. How do you plan to win this court case?
12. What will happen if 500 people cannot be found to join the 500 Club?
1. Why are you concerned only with Shell in Nigeria and not with other oil companies?
Milieudefensie is involved in bringing charges against Shell because this oil concern has its roots in the Netherlands. Lawsuits are also planned or are pending against various oil concerns in other European countries. Many cases have already been brought against oil concerns in the United States, including Shell and Chevron.
2. Why is Shell responsible for the oil leaks in Nigeria?
Oil companies are responsible for leaks in their pipelines, unless another party can be proven guilty. That is logical, because the oil industry is aware of the fact that accidents can occur with pipelines. Oil companies nonetheless take that risk and make a conscious choice to install pipelines. Accidents can be prevented through proper management, just as sabotage can often be prevented through proper security and by establishing a good relationship with local residents.
3. Nigeria is a corrupt country and that is why everything goes wrong there. So, why do you blame Shell?
We are addressing Shell because the oil concern has known that Nigeria is a problematic country for 50 years. But in all this time Shell has failed to take sufficient measures and has drilled for oil in a way that does not comply with its own standards, as is shown by the UNEP report. Shell cannot stop the corruption, but it can stop most of the pollution. Moreover, we are not critical only of Shell. We are also trying to improve the situation in Nigeria by urging the Dutch government to assist the Nigerian government. Furthermore, our Nigerian colleagues are also critical not only of the oil companies but of their own government as well.
4. But aren’t the oil leaks in Nigeria caused by sabotage?
At least one-quarter of oil leaks over the past five years have been caused by insufficient maintenance of the pipelines and by industrial accidents at Shell. An oil leak occurs in the vulnerable Niger Delta every two weeks! It is true that rebel attacks and oil theft also cause much pollution. However, the unrest and crime in the Niger Delta are a result of poverty and that is caused by the ecological and social impacts of the oil industry.
5. Why isn’t the oil pollution cleaned up properly?
Oil companies hire contractors and villagers to clean up oil spills. They are not qualified for this work and receive faulty instructions. UNEP points out that Shell’s standard approach to cleaning up oil spills is inadequate. Thus, oil spills have not been properly cleaned up for decades and the pollution that remains causes contamination of the groundwater and low crop yields.
6. Who are the victims of the oil pollution?
The majority of the 30 million residents of the Niger Delta. Most of them are dependent on agriculture, fishing/fish farming and collecting snails and other products from the forest. For them, oil pollution means that there is no drinking water, that fish are inedible and that agricultural lands must lie fallow for years, as crops grow poorly.
7. Why are only four people involved in the court case?
Under the Dutch legal system, individuals can only institute a legal case if they have suffered real damage through the ‘culpable actions’ of another. Culpable actions mean that proper action could have been taken but was neglected. The four Nigerian farmers for whom we are litigating in this case have suffered demonstrable damage by Shell. That is why we are litigating the case with these four individuals.
8. Couldn’t all Nigerians who have suffered damages file a lawsuit in The Hague?
No, that would not be practical. We are assuming that if a few cases are brought in The Hague and other European cities, this will have repercussions for the administration of law in Nigeria and on the actions of oil companies in Nigeria.
9. Why haven’t the four Nigerians brought their case to a Nigerian court?
Two of the plaintiffs have also already brought their cases to the Nigerian courts. They are dissatisfied with the drawn-out, non-transparent proceedings in their own country, where Shell Nigeria continually proposes new interventions. In Nigeria, highly paid lawyers can make use of many options to prolong the cases indefinitely. Furthermore, the plaintiffs have more confidence in the impartiality of the judges in the Netherlands and of a fair trial. In addition, they consider it extremely important that the headquarters of the oil companies as well as citizens and politicians in Europe know what European companies are doing in their villages. 
10. How do the villagers stand to gain from these court cases?
The people in the villages want to never again have their survival threatened by oil pollution. Thus, the major demands of the case are better maintenance and better security at the oil installations. The Nigerian plaintiffs have lost a great deal of income because they have been unable to use their fish ponds, the trees that they previously harvested have been destroyed and their fields have been made infertile. They therefore want to receive compensation.
11. How do you plan to win this court case?
We have already had some victories. The fact that the court has taken on our cases is already a landmark. Shell has made serious errors in all three villages. We therefore expect Shell to be convicted.
12. What will happen if 500 people cannot be found to join the 500 Club?
The 500 Club is a special group of 500 people who together are making efforts to get the oil pollution in the Niger Delta cleaned up.
If we fail to find 500 people, simply stated, we have a problem. The most important point, however, is that we find a way to proceed with the cases. Thus, if we fail to find 500 people, we must seek another way to finance the proceedings.
