King Emere Godwin Bebe Okpabi holds up a plastic
bottle containing contaminated water from his community in Nigeria, proof of
oil pollution that he blames on Royal Dutch Shell and on which he hopes a London court will
deliver justice.
“My people are drinking this water,” said the tribal
king of the Ogale community in the oil-rich Niger Delta. Okpabi has flown to
London for a High Court hearing on Tuesday in which lawyers for more than 40
000 Nigerians are demanding action from Shell to clean up oil spills that have
devastated their communities for decades. “There are strange diseases in my
community skin diseases, people are
dying sudden deaths, some people are impotent, low sperm count,” he told AFP.
“I can afford to buy water. But can I afford to buy for everybody? No.”
The Anglo-Dutch oil giant argues that the case
should be heard in Nigeria, pointing out that it involves its Nigerian
subsidiary SPDC, which runs a joint venture with the government, and Nigerian
plaintiffs. But Okpabi, wearing a traditional robe with a red necklace and
black top hat, said the English justice system was his only hope to end the
blight on his people's lives.
“Shell is Nigeria and Nigeria is Shell. You can
never, never defeat Shell in a Nigerian court. The truth is that the Nigerian
legal system is corrupt,” he said. He wants the High Court to compel Shell to
implement a 2011 landmark report by the UN Environment Programme (UNEP), which
warned of dangerously high levels of hydrocarbons in the water, bitumen-coated
mangroves and poor air quality.
It should order the company to “go and clean-up
Ogale, go and provide water for them; go and do medical history for them, and
where medical attention is needed provide for them,” he said. The king said no
money would be enough to address the damage, which UNEP warned could take 25 to
30 years to resolve, but wants compensation, adding: “We are dying.”
Shell will challenge the jurisdiction of the English
courts in the case during three days of hearings this week, while it also
disputes the claims made by lawyers Leigh Day, who represent Ogale and the
smaller Bille community. “Both Bille and Ogale are areas heavily impacted by
crude oil theft, pipeline sabotage and illegal refining which remain the main
sources of pollution across the Niger Delta,” a company spokeswoman said.
She noted SPDC has not produced any oil or gas in
Ogoniland, the region surrounding Ogale, since 1993. But Okpabi and his lawyers
say the company's ageing, leaky pipelines still run through the region and it
must take responsibility. SPDC says it has delivered water and healthcare to
the community and is supporting the implementation of the UNEP process by the
government, which in June launched a $1 billion (£800 million, 940 million
euros) oil pollution clean-up programme in the Niger Delta.
Okpabi said he believed President Muhammadu Buhari
is “sincere” in wanting to address the issue, but warned: “If we wait for the
system to roll on its own, I hate to say this, but it may be too late for the
people of Ogale.” Attacks on Nigerian pipelines have increased this year,
cutting output and helping tip the country into recession, but Okpabi insists
“there is no vandalising” in Ogale. The king condemned the saboteurs, warning
that “you cannot bomb your house to get attention”.
However, he added: “I'm also appealing to Shell and
the Nigerian government to listen to those communities that are non-violent and
do something.” In January 2015, Shell agreed to pay more than $80 million to
the Nigerian fishing community of Bodo for two oil spills in 2008, following a
case brought by Leigh Day in London.
In December, a Dutch court permitted four Nigerian
farmers and fishermen to sue the company for environmental pollution,
potentially opening the door to other cases to be brought in The Netherlands.
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