Presumed militants of the Niger Delta Avengers struck four pipelines in three days, halting production at key facilities. On May 25, militants blew up a pipeline at Chevron's Escravos facility in Delya state, shutting down all the company's onshore activities in the Niger Delta. The following day, militants hit a Nigerian National Petroleum Corporation (NNPC) pipeline at the Batan oil-field in Warri, Delta state. The day after that, pipelines operated by Shell and Agip in neighboring Bayelsa state were blown up. The NDA had days earlier warned Chevron that no repairs should be carried out on facilities previously targeted by the group, until their demands are fully met. NDA claimed on its official website May 11 that it suspected Chevron was preparing to carry out repair works at the Okan Valve platform, which was blown up by the group at the start of the month. Among its demands, NDA wants to "free the people of the Niger Delta from environmental pollution, slavery and oppression," according to a statement on the group's site. A May 31 deadline had been set for oil companies to quit the Niger Delta. (This Day, May 29; AP, Punch, Nigeria, May 28; Channels Television, Nigeria, Chemical Engineer, May 27; RigZone, May 26; Sahara Reports, May 25)
Three soldiers were killed when gunmen on a speedboat opened fire on a military base in Southern Ijaw district of Nigeria's Bayelsa state on May 9. The soliders were part of Operation Pulo Shield, mobilized to protect oil operations in the Niger Delta region. No group has claimed responsibility for the slayings, but a new militant organization, the Niger Delta Avengers, has claimed a string of attacks on oil infrastructure in the region in recent weeks. Targets have included a Shell facility in Forcados, a Chevron platform in Abiteye, and pipelines transporting oil to the Warri and Kaduna refineries. The Avengers have pledged to contine the attacks, prompting Royal Dutch Shell to evacuate most of its staff from its Eja OML 79 production facility, near the massive Bonga oil-field.
Three people were killed and several wounded when an oil pipeline belonging to Italy's ENI exploded in Nigeria's southern Delta region March 27. There have been numerous recent pipeline accidents in the region, where residents have long complained about oil pollution, but the blast at Olugboboro, Bayelsa state, appears to have been an intentional attack. One alleged perpetrator has been arrested, and four others are said to remain at large. Militant attacks are again on the rise in the Niger Delta. In February militants staged a sophisticated underwater attack, probably using divers, on a Shell pipeline, shutting down the 250,000 barrel-a-day Forcados export terminal. President Muhammadu Buhari, elected a year ago, has extended an amnesty signed with the militants in 2009, but has ended pipeline protection contracts to former militant groups. In a period of insurgency a decade ago, groups such as the Odua Peoples Congress (OPC) and Movement for the Actualization of the Sovereign State of Biafra (MASSOB) attacked pipelines and abducted oil workers before Buhari's predecssor Goodluck Jonathan instated the amnesty and began granting contracts to the former militants. There are fears the militants are now returning to arms, and even reviving ambitions to secede from Nigeria. (Reuters, March 30; Reuters, March 29; The Guardian, Nigeria, March 28 via AllAfrica; IBT, July 28)
The Hague Court of Appeals ruled Dec. 18 that Royal Dutch Shell can be sued in a Dutch court for their involvement in oil spills in Nigeria. The ruling stems from a suit brought by four Nigerian farmers that claimed Shell and its Nigerian subsidiaries were responsible for oil leaks leading to their lands being damaged. In a statement explaining their reasoning for their decision, the Court of Appeals said, "It cannot be established in advance that the parent company is not liable for possible negligence of the Nigerian operating company."
Royal Dutch Shell on Jan. 7 reached a settlement in a lawsuit concerning the Niger Delta oil spills of 2008. The settlement, totaling $84 million, will be divided between 15,600 individuals who will receive $3,300 each as compensation for losses caused by the spills. The remaining $30 million will be disbursed throughout the community, which also suffered significant damage from the spills. Rights group Amnesty International noted that this settlement is "an important victory for the victims of corporate negligence," but expressed disappointment that it took six years for the victims to be compensated. They argue that Shell knew that the oil spills [which took place near Bodo in October and December 2008] were a distinct possibility since 2002 and took no "effective" action to prevent them from occurring. However, the managing director of the Shell Petroleum Development Company of Nigeria Limited, Mutiu Sunmonu, contends that they have taken responsibility for the spills from the beginning, and that the spills were due to operational pipe failure. AI also accused Shell of making false claims about the impact of the oil spills in documents presented to a UK court in November. They state that Shell claimed that only 4,000 barrels of oil spilled for both spills but AI believes the number is closer to 100,000 barrels for the first spill alone.
In a unanimous decision issued on April 17, the US Supreme Court sharply restricted the use of the 1789 Alien Tort Statute for foreign nationals to sue for human rights violations that took place outside the US. The case at issue, Kiobel v. Royal Dutch Petroleum, was brought by 12 Nigerians now living in the US; they charged that Royal Dutch Petroleum (better known as Royal Dutch Shell) and other oil companies with a presence in the US conspired with the Nigerian government to commit human rights violations against Nigerians protesting environmental damage by the companies.
The US Supreme Court ruled unanimously April 17 in Kiobel v. Royal Dutch Petroleum that nothing in the Alien Tort Statute of 1789 (ATS) rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas cannot be brought in US Court. Chief Justice John Roberts authored the majority opinion. Kiobel was held over from last term when the court decided that the parties should brief on the circumstance when the ATS should apply extraterritorially. In the new ruling the court held that extraterritorial disputes—those concerning foreign actors that violate treaties to which the US is a party—cannot be litigated in the US under the ATS, and "sufficient force" is necessary to displace that presumption. The opinion also suggested that "mere corporate presence" will not suffice to bring suit in the US:
Four Nigerian residents and an advocacy group told a Dutch court on Oct. 11 that Shell should be held liable for damage from oil pollution in the Niger Delta. The suit, which was filed by the four villagers and Friends of the Earth Netherlands in 2008, is the first time a Dutch company has been sued for the alleged misconduct of its foreign subsidiary. Shell has maintained throughout the trial that the case should be heard in Nigeria and that the Dutch court does not have jurisdiction. Friends of the Earth Netherlands says that the case could set an international precedent encouraging victims of pollution by Western corporations to sue in the Netherlands and other nations in the EU, noting that there are hundreds of thousands of pollution victims in Nigeria alone. Shell argues that the pollution damage was caused by thieves who sabotaged the oil lines and that its local subsidiary fulfilled its duty in cleaning up the spills. A verdict in this case is expected by early 2013.