A coalition of civil society organisations (CSOs), has expressed support and firm solidarity with King Bubaraye Dakolo, Agada IV of Ekpetiama Kingdom of Bayelsa State over his legal suit at the Federal High Court, Yenagoa, against Shell Petroleum Development Company, the Minister of Petroleum Resources, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and the Attorney General of the Federation.
The CSOs included, Social Action Nigeria, the Health of Mother Earth Foundation (HOMEF), 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.
The suit filed by King Dakolo, who is the Chairman of the Bayelsa State Council of Traditional Rulers, is challenging Shell’s attempt to divest its onshore oil assets and exit the Niger Delta without first decommissioning obsolete infrastructure, remediating environmental damage, and compensating the Ekpetiama people for long-standing harm. The suit raised fundamental issues about the constitutional and environmental rights of the Niger Delta’s indigenous communities in relation to Shell’s corporate liability, and the Nigerian government’s responsibility to protect its citizens.
The his statement of claim as part of the struggle for justice and dignity in the Niger Delta, King Dakolo outlined how Shell’s operations in the Gbarain oil fields – located within the Ekpetiama Kingdom in Yenagoa Local Government Area of Bayelsa State -have led to massive oil spills, gas flaring, and the destruction of fishing and farming livelihoods.
He also noted that the community’s rivers, forests, and farmlands have been rendered toxic and unsustainable for life and livelihoods.
The plaintiffs further argued 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, stressing 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 are therefore desirous in stopping 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.
Dakolo said that the suit represented a stand for the rights of host communities and the rule of law in Nigeria, thus asking the Court to declare that Shell’s proposed divestment without environmental remediation and decommissioning is unlawful.
In the suit, King Dakolo also want the Court to compel the NUPRC and federal authorities to fulfill their constitutional and statutory responsibilities;
The plaintiff is also demanding the court to uphold the constitutional rights of affected communities under the
Nigerian Constitution (right to life and dignity), prevent the transfer of assets and liabilities to successor companies
without legal and environmental accountability.
According to Chuks Uguru, lead counsel for the plaintiffs, the 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.
Referencing the Bayelsa Commission report, the case is grounded in the extensive findings of the Bayelsa State Oil
and Environmental Commission (BSOEC), composed of experts from Europe, North America, and Africa.
The Commission revealed that Bayelsa State suffered from some of the worst oil pollution levels in the world, resulting from the operations of Shell and other international oil companies;
The commission noted that; “Over 1.5 million people in Bayelsa are impacted by hydrocarbon pollution and communities have been exposed to Chromium, benzene and other cancer-causing chemicals far exceeding World Health Organisation safety limits.
“Oil spills have contaminated nearly all primary water sources, forcing residents to rely on visibly polluted creeks and ponds. Soil samples revealed extremely high levels of Total Petroleum Hydrocarbons (TPH), rendering lands unfit for agriculture.
“Air quality measurements near Shell facilities recorded particulate matter and soot far above permissible health thresholds. In some communities, fish stocks have declined by over 70%, impacting food security and livelihoods.
“Shell and other oil companies have failed to carry out proper
decommissioning and cleanup, leaving rusting, leaking pipelines and abandoned wellheads that continue to pollute. Shell, the largest operator, was named as a primary culprit,” it said.
King Dakolo noted that the divestment is a crude attempt by Shell to run away from the disaster it created, stressing that the communities are demanding justice, not abandonment. In his words; “Shell must clean up, compensate, and
decommission. Only then can it leave”.
This is a test case for corporate accountability which has drawn broad support from national and international civil
society groups concerned about environmental justice and a just energy transition.
Speaking on the development, Dr Isaac Asume Osuoka, Director of Social Action Nigeria, noted that Shell wants to exit with profit, leaving behind toxic air, poisoned
water, and broken communities.
Osuoka further said; “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.
Speaking in turn, Reverend Nnimmo Bassey, Executive Director of the Health of Mother Earth Foundation (HOMEF), said that the Niger Delta cannot be a sacrificial zone for fossil fuel greed.
Bassey said; “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.
Similarly, Dr. Kathryn Nwajiaku‑Dahou, Director of the Politics and Governance Programme at ODI Global and co-Convener of the IWG said; “The evidence is clear. 70 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”.
Developments in the Niger Delta, which contains the most polluted oil and gas production sites in the world, have relevance for the global transition away from fossil fuels.
That is why this case by King Dakolo posed urgent questions about what a just transition means for communities in the Niger Delta and others in the tropical regions of the Global South, which are at the frontlines of fossil extraction.
In his own comment, Professor Engobo Emeseh, Head of School of Law at the University of Bradford, United Kingdom, who spoke for the Legal and Justice Committee of the IWG, noted that the suit sets a precedent in Nigeria, the Gulf of Guinea region, and globally.
He said; “There can be no just energy transition without corporate accountability, environmental restoration, and community consent”.
The CSOs called on the judiciary to uphold the law, defend the people by acting decisively to restrain Shell and its partners from finalising any asset sale or divestment until full compliance with environmental and human rights obligations is demonstrated.
The organisations further want the court to; “Compel regulators like the NUPRC to enforce the Petroleum Industry Act and protect host communities. Affirm the rights of indigenous peoples of the Niger Delta to clean
environments, safe livelihoods, and full consultation.
According to Olarenwaju Suraju, Director of HEDA Resource Centre; “This is a crucial moment in Nigeria’s environmental and legal history. The court has a unique opportunity to uphold justice, protect the rule of law, and demonstrate that no corporation is above accountability in Nigeria.”
