Court Hears Major Suit Against Shell Over Oil Pollution In Bayelsa As Civil Society Rallies Behind King Dakolo | Sahara Reporters
The groups standing in solidarity include Social Action Nigeria, the Health of Mother Earth Foundation (HOMEF), the International Working Group on Petroleum Pollution and the Just Transition in the Niger Delta (IWG), the Bayelsa State Non-Governmental Organisations Forum (BANGOF), HEDA Resource Centre, Kebetkache Women Development and Resource Centre, among others.
A coalition of civil society organisations has declared strong support for His Royal Majesty, King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom and Chair of the Bayelsa State Council of Traditional Rulers.
The groups standing in solidarity include Social Action Nigeria, the Health of Mother Earth Foundation (HOMEF), the International Working Group on Petroleum Pollution and the Just Transition in the Niger Delta (IWG), the Bayelsa State Non-Governmental Organisations Forum (BANGOF), HEDA Resource Centre, Kebetkache Women Development and Resource Centre, among others.
Their support comes as the Federal High Court in Yenagoa holds its first hearing today (Friday) in a suit filed by King Dakolo against Shell Petroleum Development Company, the Minister of Petroleum Resources, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and the Attorney General of the Federation.
A struggle for justice and dignity in the Niger Delta
The lawsuit challenges Shell’s attempt to divest its onshore oil assets and exit the Niger Delta without first fulfilling key obligations, including the decommissioning of obsolete infrastructure, environmental remediation, and compensation for long-standing damage to the Ekpetiama people.
The plaintiffs argue that Shell’s planned divestment of its interest in the Shell Petroleum Development Company (SPDC) without fulfilling its environmental obligations in accordance with the Nigerian Constitution and laws is illegal and unjust, and that the Nigerian state, through the Minister of Petroleum Resources, NUPRC, and the Attorney General, has failed in its duty to prevent such corporate evasion of responsibility.
King Dakolo and the Ekpetiama people seek to stop Shell’s planned divestment until Shell accounts for its environmental devastation, remediates polluted sites, decommissions obsolete infrastructure, and compensates the host communities affected by over six decades of irresponsible oil extraction.
This suit represents a stand for the rights of host communities and the rule of law in Nigeria. The plaintiffs are asking the court to declare that Shell’s proposed divestment without environmental remediation and decommissioning is unlawful; compel the NUPRC and federal authorities to fulfill their constitutional and statutory responsibilities; uphold the constitutional rights of affected communities under the Nigerian Constitution (right to life and dignity); and prevent the transfer of assets and liabilities to successor companies without legal and environmental accountability.
According to Barrister Chuks Uguru, lead counsel for the plaintiffs, “this action against SPDC, Shell Corporation, Renaissance Group, and federal agents is over the unlawful divestment of oil assets in Ekpetiama Kingdom whose members have the fundamental right to a clean and healthy environment under the Nigerian Constitution and the African Charter.”
In a joint statement signed by Social Development Integrated Centre (Social Action Nigeria), Health of Mother Earth Foundation (HOMEF), the International Working Group on Petroleum Pollution and the Just Transition in the Niger Delta (IWG), the Bayelsa State Non-Governmental Organisations Forum (BANGOF), HEDA Resource Centre, and Kebetkache Women Development and Resource Centre, the organisations asserted that the case is anchored on the far-reaching findings of the Bayelsa State Oil and Environmental Commission (BSOEC), which includes experts from Europe, North America, and Africa.
The Commission’s findings indicate that Bayelsa State endures some of the worst levels of oil pollution globally, largely due to the operations of Shell and other international oil companies. More than 1.5 million people in the state are said to be affected by hydrocarbon pollution, with communities exposed to dangerous levels of Chromium, benzene, and other carcinogenic substances that far exceed World Health Organisation safety limits.
Oil spills have tainted almost all major water sources, forcing residents to depend on visibly polluted creeks and ponds for daily use.
The Commission also found that soil samples showed alarmingly high concentrations of Total Petroleum Hydrocarbons (TPH), making much of the land unsuitable for farming.
Air quality tests around Shell’s facilities recorded soot and particulate matter well above safe health standards. In some areas, fish populations have reportedly declined by over 70%, significantly threatening food security and local livelihoods.
The report further accuses Shell and other oil firms of failing to properly decommission and clean up polluted sites, leaving behind corroding pipelines and abandoned wellheads that continue to discharge contaminants into the environment.
Shell, identified as the largest operator in the region, was named as a key perpetrator of the environmental devastation.
“This divestment is a crude attempt by Shell to run away from the disaster it created,” said His Royal Majesty, King Bubaraye Dakolo. “We demand justice, not abandonment. Shell must clean up, compensate, and decommission. Only then can it leave.”
This is a test case for corporate accountability
The case has drawn broad support from national and international civil society groups concerned about environmental justice and a just energy transition.
“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. Planned onshore asset selloffs by transnational oil corporations must not become a license to flee environmental accountability in the Niger Delta extraction sites, which is home to human beings.”
“The Niger Delta cannot be a sacrificial zone for fossil fuel greed,” added Reverend Nnimmo Bassey, Executive Director of the Health of Mother Earth Foundation (HOMEF). “We stand in solidarity with King Dakolo and the people of Ekpetiama Kingdom in demanding that Shell pay for the damage it has done before it walks away.”
“The evidence is clear. Seventy years of fossil fuel production in Nigeria’s Niger Delta has destroyed ecosystems, economies, environments and human habitats. If just transition is to be more than just a slogan, clean up, restoration, and repair must be mandatory for oil companies divesting, before they up sticks and leave,” said Dr. Kathryn Nwajiaku‑Dahou, Director of the Politics and Governance Programme at ODI Global and co-Convener of the IWG.
International dimensions: precedent for transition justice
Developments in the Niger Delta—home to some of the most heavily polluted oil and gas production sites in the world—hold critical significance for the global shift away from fossil fuels.
This case raises pressing questions about what a truly just transition entails for communities in the region and other tropical areas of the Global South, which remain on the frontlines of resource extraction.
“This case sets a precedent in Nigeria, the Gulf of Guinea region, and globally,” said Professor Engobo Emeseh, Head of the School of Law at the University of Bradford, United Kingdom, speaking for the Legal and Justice Committee of the IWG.
“It says clearly: there can be no just energy transition without corporate accountability, environmental restoration, and community consent.”
The organisations urged the Federal High Court to take decisive action by halting Shell and its partners from concluding any asset sales or divestments until they have fully met their environmental and human rights obligations.
They also called on the court to compel regulators such as the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) to enforce the provisions of the Petroleum Industry Act and safeguard the interests of host communities. Additionally, they pressed for a firm affirmation of the rights of indigenous peoples in the Niger Delta to a clean environment, secure livelihoods, and meaningful consultation in decisions that affect their lives.
“This is a crucial moment in Nigeria’s environmental and legal history,” according to Olanrewaju Suraju, Director of HEDA Resource Centre. “The court has a unique opportunity to uphold justice, protect the rule of law, and demonstrate that no corporation is above accountability in Nigeria.”