Royal Dutch Shell will face a high court trial in March 2027 concerning claims of legacy oil pollution in the Niger Delta,Nigeria.The case involves allegations that the energy giant failed to prevent pollution from oil theft and illegal refining activities.

The lawsuit, brought by residents of the Bille and Ogale communities, centers on spills that have allegedly impacted their environment and livelihoods. While Shell argues that moast spills were caused by third-party criminal activities, the claimants contend that the company is liable for failing to protect its infrastructure and prevent pollution.

During a preliminary hearing, Justice O’Farrell addressed various legal arguments, including the applicability of Nigerian law and the potential liability of shell for damages resulting from bunkering or illegal refining. She noted the complexities of the case, stating that it was “still at a very early stage” despite being launched 10 years ago and involving “some 85 spills [that] have, so far, been identified.”

Regarding Shell’s potential liability for damage from bunkering or illegal refining, the judge observed “there appear to me to be a very notable hurdles in the way of any claimant successfully pursuing a claim under section 11 (5)(b).” she concluded that providing a definitive answer at this stage would be inappropriate.

“Shell’s attempts to knock out or restrict these claims through a preliminary trial of Nigerian law issues have been comprehensively rebuffed.”

Matthew Renshaw, a partner at Leigh Day, the law firm representing the claimants, stated that “Shell’s attempts to knock out or restrict these claims through a preliminary trial of Nigerian law issues have been comprehensively rebuffed.” He added, “This outcome opens the door to Shell being held responsible for their legacy pollution as well as their negligence in failing to take reasonable steps to prevent pollution from oil theft or local refining.”

A spokesperson for Shell responded that the company welcomed the judgement. “For many years, the vast majority of spills in the Niger Delta have been caused by third parties acting unlawfully, such as oil thieves who drill holes in pipelines, or saboteurs.” The spokesperson added,”This criminality is the cause of the majority of spills in the Bille and Ogale claims,and we maintain that Shell is not liable for the criminal acts of third parties or illegal refining. These challenges are managed by a joint venture which Shell’s former subsidiary operated, using its expertise in spill response and clean-up.”

Shell also stated that “The spills referenced in this litigation were cleaned up by the joint venture regardless of the cause, as required by Nigerian law, working closely with government-owned partner NNPC Ltd, Nigerian government agencies and local communities,” and that “Clean-up certificates were issued by the Nigerian regulator NOSDRA.”

Addressing leigh Day’s press statement, the Shell spokesperson commented that “one could fairly say Leigh Day’s attempts to broaden the claims were largely rejected.”

The trial is scheduled to take place over four months, beginning in March 2027.