Why we prosecute Shell in London

Independent

8 August 2011

Why we prosecute Shell in London

 – Ogoni community

The indigenes of Bodo community in Ogoni land area of the Niger Delta declared at the weekend that they chose a British High Court over the Nigerian court to prosecute Shell to avert sluggish delivery of justice.

Barrister Martyn Day, of the law firm Leigh Day which held brief for the community, disclosed this in a chat with the newsmen adding that he was pleased Shell had admitted liability relatively early and also agreed to concede to the English jurisdiction and court system, over what he described as “one of the most devastating oil spills the world has ever seen.”

According to him, there was an increasing trend for these types of compensation claims to be brought in London High Court rather than being fought out in local courts where litigation could last for years.

“The Nigerian courts have found it very difficult to deal with these cases speedily and the claimants have rarely received compensation as a result,” he added.

The compensation set to be paid to the 69,000 Nigerians affected by damage caused by the leaks is thought to be in excess of £250m. Most of those who brought claims are fishermen who typically earn about $4000 to $7000 a year on average.

 Mr. Day’s office said that the money awarded will compensate the Niger Delta residents for their loss of livelihood over the past three years and also reflects the fact that it could still take a year or even two years to complete the clean-up during which time they may be unable to fish. Mr. Day added

Mr. Day welcomed the approach taken by Shell: “This is one of the most devastating oil spills the world has ever seen and yet it had gone almost unnoticed until we received instructions to bring about a claim against Shell in this country. I am pleased that having been notified of the claims Shell has been acting speedily to put right the terrible damage that has resulted. I would hope that we will see urgent work being carried out to remediate the local environment.