The Court of Appeal in London ruled on Wednesday, February 14, 2018 that two Nigerian communities cannot pursue Royal Dutch Shell in English courts over oil spills in Nigeria’s Delta region.

The split decision upheld a High Court ruling in 2017 that was a setback to attempts to hold British multinationals liable at home for their subsidiaries’ actions abroad.

The court rejected the appeal from law firm Leigh Day on behalf of Nigeria’s Bille and Ogale communities, and upheld a ruling that English courts do not have jurisdiction over claims against Shell’s Nigerian subsidiary Shell Petroleum Development Company (SPDC).

SPDC is jointly operated with the Nigerian government.

Shell said the court “rightly upheld” the earlier ruling, and said Nigeria’s “well-developed justice system” was the correct place for the claims.

Leigh Day said the two Nigerian communities intended to bring the case to Britain’s Supreme Court.

“We are hopeful that the Supreme Court will grant permission to appeal and will come to a different view,” Leigh Day partner Daniel Leader said.

NAN reports that n 2012 the European Court of Justice ruled that Shell parent companies “…in fact exercised decisive influence over their joint subsidiary’s conduct”; Shell Petroleum NV v. European Commission (2012) at para 51.

Further, in 2015 the Dutch Court of Appeal ruled that “Considering the foreseeable serious consequences of oil spills to the local environment from a potential spill source, it cannot be ruled out from the outset that the parent company may be expected in such a case to take an interest in preventing spills…”

The communities appealed against the ruling.

Day is representing over 40,000 Nigerian from two communities (the Ogale Community and the Bille Community) in claims against Royal Dutch Shell plc (RDS) and its Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC).

Both communities allege that they have suffered systematic and ongoing oil pollution for years because of Shell’s operations.

Shell does not dispute that both communities have been severely polluted by its oil, or that it has yet to clean up the oil.

However, in November 2016, Shell sought to block the claims in London on the grounds the London-based parent company, Royal Dutch Shell, was not legally responsible for the pollution caused by its Nigerian subsidiary and that it was open to the communities to seek redress through the Nigerian courts.

By contrast, the claimants argued that Royal Dutch Shell exercised significant direction and control over it’s Nigerian subsidiary and was, therefore, liable for its systematic pollution of Ogale and Bille.

The military has promised to assist the Abuja Environmental Protection Board (AEPB) to enforce its laws aimed at promoting clean environment in the Federal Capital Territory.

The Commanding Officer, 7 Guard Battalion, Abuja, Lt.-Col. Mukhtar Daroda, said this in a statement in Abuja on Tuesday, February 13, 2018.

Daroda made the promise in a statement by Muktar Ibrahim, Head, Public Relations and Outreach Unit of AEPB, and made available to the News Agency of Nigeria (NAN).

‘‘On the issue of enforcement of its laws and problems being faced by the board in clearing illegal structures and preventing criminal activities, the military is ready to assist the board,’’ Daroda said.

The commanding officer gave assurance that the military was determined to give its support to the board at all times whenever its services were required.

He noted that the board alone would not be able to tackle the environmental challenges in the FCT without the support of the security agencies.

‘‘We will support the board to build on the existing relationship and ensure that waste management problem is tackled effectively in the military barracks and FCT suburbs as well.

‘‘I feel so much concerned over the increasing problem of waste management in the barracks due to increasing population of between 800 and 1,000 households in the area.

‘‘I am calling on AEPB to undertake an assessment of the prevailing situation in the barracks.

‘‘Also, the board should give its advice accordingly on what to do to ensure a clean and safe environment for soldiers and their wards,’’ he said.

Daroda, however, advised the board to notify the military when moving to volatile areas, so as to provide its officials the needed security for their operations.

He said the military escort was important to protect the staff of the board from hooligans who engage themselves in nefarious activities.

By Vivian Emoni

The Japan International Cooperation Agency (JICA) has signed a loan agreement with the African Development Fund (ADF) designed to provide an Official Development Assistance (ODA) loan to the tune of  ¥73.601 billion (approx. $700.9 million). The loan is part of Japan’s contribution to the African Development Fund’s Fourteenth Replenishment (ADF-14). This is the first JICA loan provided to the ADF, a part of the African Development Bank (AfDB) Group.

The loan will provide the ADF with resources to support recipient countries during the ADF-14 period (January 1, 2017 to December 31, 2019), and contribute to economic growth as well as poverty alleviation in Africa’s least developed countries.

President of the AfDB Group, Akinwumi Adesina, acknowledged the landmark event and expressed the bank’s gratitude and appreciation to the Government of Japan.

Signing the Notes of Exchange, Adesina said, “Thanks to Japan and its Government for keeping a promise. One often hears about many international pledges of development cooperation remaining unfilled. I would like to commend the full accomplishment of Japan’s commitments to Africa’s development. With its $700-million loan, which came on top of $328 million in the form of a grant, Japan has significantly contributed to the ADF commitment capacity for the period 2017-2019.”

Adesina stated that Japan was a longstanding development partner for Africa, with a significant portion of its aid commitments to the continent channeled through the AfDB. “Japan is the second-largest contributor to the ADF in cumulative terms, and it has increased its contributions significantly over time.”

Also speaking on the occasion, Japan’s Ambassador to Côte d’Ivoire, Hiroshi Kawamura, said he was glad to sign the accord to bolster Africa’s socio-economic development. “Our contributions to the ADF-14 replenishment will allow the Government of Japan to increase its contributions to 7.3%, against 6.7% for the ADF-13,” he stated.

Kawamura added: “We hope the loans and grants will be used effectively to improve economic and social conditions of less privileged people in Africa. Also, the reason of our meeting today would further contribute to accelerating the Tokyo International Conference on African Development (TICAD).”

The Japan International Cooperation Agency (JICA) Chief Representative in Côte d’Ivoire, Tsutomu Iimura, said his institution fully adheres to the AfDB’s High 5s. “There is no limit in the potential collaboration and synergies between the two institutions.” Iimura expressed the hope that JICA’s projects and contributions to ADF-14 would bolster the bank’s capacity to carry out the objectives of the High 5s in countries where support is most needed.

Co-signing the accord for the AfDB, Acting Vice-President for Finance, Hassatou N’Sele, thanked the Japanese Government and its people for “exceptional support” to the ADF-14 replenishment, noting that, “These investments by Japan will make a difference in the lives of many Africans. Japan is one of the African Development Bank’s most privileged partners. Your various financial instruments will help us meet our development goals”.

The African Development Fund is part of the AfDB Group and provides support primarily to least developed and poor countries in the form of very long-term, low-interest financing. In contrast, the AfDB, which is the other arm of the AfDB Group, provides financing to middle-income countries in Africa.

Since its inception in 1972, the ADF has conventionally received subscriptions in the form of grants from donor countries, including Japan, as a source of funding to achieve its development mandate. During the negotiations of its fourteenth replenishment, the ADF offered donor countries the opportunity to include concessional loans within subscriptions to the Fund for the very first time.

JICA also provides private sector development support through projects under Enhanced Private Sector Assistance for Africa (EPSA), which the Government of Japan and the AfDB launched as a strategy for support in Africa in July 2005. It is JICA’s policy to maintain its relationship with the AfDB Group as an important development partner contributing to economic growth and poverty alleviation in Africa.