Maureen Okpe
In a historic legal showdown against Shell is set to redefine corporate accountability in Nigeria’s oil industry, as civil society organisations, environmental advocates, and legal experts have thrown their full weight behind His Royal Majesty, King Bubaraye Dakolo, Agada IV of the Ekpetiama Kingdom, following the suit in Yenagoa Federal High Court, against Shell and key Nigerian government agencies.
The lawsuit, filed by King Dakolo on behalf of the Ekpetiama people, challenges Shell’s controversial plan to divest its onshore oil assets in the Niger Delta without fulfilling critical environmental and human rights obligations.
Defendants include Shell Petroleum Development Company (SPDC), the Minister of Petroleum Resources, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and the Attorney General of the Federation.
A Fight for Justice in the Niger Delta
At the heart of the suit is a demand that Shell remediate decades of oil pollution, decommission obsolete infrastructure, and compensate host communities for environmental destruction caused by its operations in the Gbarain oil fields of Bayelsa State.
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King Bubaraye Dakolo declared, “This divestment is a crude attempt by Shell to run away from the disaster it created. “We demand justice, not abandonment. Shell must clean up, compensate, and decommission. Only then can it leave.”
The plaintiffs are urging the court to declare Shell’s divestment unlawful, unless preceded by full environmental remediation and legal compliance.
They argue that allowing the oil giant to exit without fulfilling its obligations violates the Nigerian Constitution, Petroleum Industry Act, and international human rights standards.
Shell’s Environmental Legacy Under Fire
The lawsuit is backed by findings from the Bayelsa State Oil and Environmental Commission (BSOEC), which highlighted catastrophic pollution levels in the state. Key findings include:
Over 1.5 million people exposed to toxic hydrocarbon pollution.
Widespread contamination of drinking water sources with carcinogenic chemicals like benzene and chromium.
70% decline in fish stocks, endangering food security. Severe air, water, and soil pollution in areas surrounding Shell facilities.
“Shell wants to exit with profit, leaving behind toxic air, poisoned water, and broken communities,” said Dr. Isaac Asume Osuoka, Director of Social Action Nigeria. “We are here to say; no more.”
Legal Experts Demand Accountability
Lead counsel for the plaintiffs, Barrister Chuks Uguru, emphasized that the lawsuit defends the constitutional rights of indigenous peoples under both Nigerian and African law.
“This action is about the unlawful divestment of oil assets in a community whose people have a right to a clean and healthy environment,” Uguru stated.
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According to the Petroleum Industry Act (PIA), companies are required to decommission oil infrastructure and remediate pollution before exiting host communities. Activists allege that Shell has failed to meet these requirements.
A Test Case for Corporate Responsibility
The case has galvanized a broad coalition of national and international organisations, including:
- Social Action Nigeria.
- Health of Mother Earth Foundation (HOMEF).
- International Working Group on
- Petroleum Pollution and Just
- Transition in the Niger Delta (IWG).
- Bayelsa State NGOs Forum (BANGOF)
- HEDA Resource Centre.
- Kebetkache Women Development and Resource Centre.
“This is a defining moment,” said Reverend Nnimmo Bassey, Director of HOMEF. “The Niger Delta cannot be a sacrifice zone for fossil fuel greed. We stand with King Dakolo.”
Dr. Kathryn Nwajiaku‑Dahou of ODI Global added: “If a just transition is to be meaningful, clean-up, restoration and reparations must precede corporate exits.”
Call to Judiciary: Uphold the Law
Civil society groups are urging the Federal High Court to act boldly to restrain Shell from finalising the sale of its assets until it meets legal and environmental obligations.
Compel NUPRC and other regulators to enforce the PIA.
Uphold the constitutional rights of the Ekpetiama people and other impacted communities.
Executive Director of HEDA Resource Centre, Olanrewaju Suraju said, “This is a critical moment in Nigeria’s legal history. The court must show that no corporation is above the law.”