OCTOBER 18, 2011

OCTOBER 18, 2011

Niger Delta villagers lose UK court bid to sue Shell over pollution - BBC  News

On this day, King Emere Godwin Bebe Okpabi of Ogale, in the Eleme local government area in Rivers State, filed a lawsuit on behalf of his community, in a US court seeking $1 billion from Royal Dutch Shell to compensate for decades of pollution that sickened his people and damaged their lands.

The suit was brought on behalf of the people of Ogale in the Eleme local government area in Rivers State, where the UN team found the most serious groundwater contamination and people drinking water laced with cancer-causing benzene at 900 times World Health Organization guidelines.

Scientists found an eight centimeter layer of refined oil floating on the groundwater that served the wells. The oil was linked to a spill that had occurred six years earlier and was not properly cleaned up.

The suit was filed a day after the US Supreme Court said it will consider a lawsuit accusing Shell of human rights abuses in Nigeria in a landmark case that could make companies liable for torture or genocide committed overseas.

This latest case alleged that Shell’s Nigerian operations are well below internationally recognized standards to prevent and control pipeline oil spills because the company had not employed the best available technology and practices that they used elsewhere in the world.

It cited a recent United Nations report that found that contamination was widespread in the Nigerian Delta after 50 years of oil extraction left groundwater badly contaminated and the soil soaked with hydrocarbons to depths of five meters.

The king and his community, represented by their plaintiffs: Emere Godwin Bebe Okpabi, Emere Fortune Olaka Obe, Hon Princewill Ake Igwe, Hon. Dandyson Ngawala and Chief Osaro Oyor, said they decided to file the suit in a US court because of Shell’s history of a “culture of impunity” and “disregard” for the Nigerian judicial process.

They note that the Shell has refused to comply with a 2005 order to end gas flaring in the Iwherekan community or to pay a 2006 judgment to pay $1.5 billion to the Ijaw Aborigines for damages caused by decades of pollution.

Shell is accused of indiscriminant pollution which had created severe health hazards that threatened their lives and violated their right to development.

The community was exposed to hydrocarbons every day through multiple routes including frequent oil spills and pervasive air pollution from refining operations.

“At all times relevant to this litigation, Defendants knew or should have known that the crude oil contains chemicals hazardous to human health and to the environment and ecosystems,” the complaint said.

Shell is also accused of cruel, inhuman or degrading treatment, gross negligence and the violation of international treaties and obligations to the United States and Nigeria.

The complaint also noted that Shell has not taken any concrete steps to protect the environment, provide safe drinking water or subject the endangered people of Nsisioken Ogale Community to medical assessment and treatment since the UN issued its scathing report in August.

In addition to the $1 billion damages, the lawsuit also seeks immediate cleanup of the pollution and an injunction to require air and water monitoring.

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