Historic Ruling acknowledged that oil pollution can engage the right to life under Section 33 of the Nigerian Constitution but Defers to Nigerian Judiciary
Olisa Agbakoba Legal (OAL) is proud to announce that our Senior Partner Dr. Olisa Agbakoba SAN served as expert witness on Nigerian constitutional law and African Charter rights in the landmark High Court case Alame & Others v. Shell Plc & SPDC before the English Court, which concluded with a significant ruling on Friday, June 20, 2025.
In a groundbreaking development for environmental justice in Nigeria, the presiding judge, Mrs Justice May, acknowledge that oil pollution can engage the right to life under the Nigerian Constitution, noting that "knowledge about the impact of environmental harm has moved on such that there is now a greater readiness to see polluting activities as capable of engaging the right to life."
The Judge specifically recognized the "direction of travel" of the Nigerian Supreme Court toward acknowledging the relevance of fundamental human rights in pollution cases, acknowledging Dr. Agbakoba's expert testimony on the evolving interpretation of constitutional rights in environmental contexts, Justice May explicitly stated that:
"Such a legal development about the interpretation of the Nigerian Constitution should be left to the Nigerian courts."
Dr. Agbakoba's expert evidence on the scope and application of Nigerian constitutional rights and African Charter provisions was central to the Court's findings. His testimony demonstrated how Nigerian jurisprudence increasingly recognizes environmental degradation as capable of engaging fundamental rights, particularly the right to life under Section 33 of the Nigerian Constitution.
"This ruling represents a watershed moment for environmental constitutionalism in Nigeria," said Dr. Olisa Agbakoba SAN. "While the English Court appropriately deferred to Nigerian courts on the final interpretation of our Constitution, the recognition that oil pollution can engage constitutional rights validates our long-standing position that environmental justice is a fundamental rights issue."
The case has profound implications for environmental justice across Nigeria:
Evolution of Constitutional claim for Environmental degradation: The Court's recognition of the possibility of oil pollution engaging constitutional rights points to the direction the Nigerian Jurisprudence is going which will likely open up new avenues for communities affected by environmental degradation to seek redress through fundamental rights litigation.
Community Empowerment: The decision acknowledges the evolution of Constitutional rights enforcement with respect to environment degradation under the Nigerian Law which will enable Nigerian communities to challenge environmental violations through constitutional litigation albeit limiting same against the state in its position.
Significantly, Mrs Justice May held that as an English judge, she could not make definitive rulings on the horizontal application of Nigerian constitutional rights against private companies, stating that "such a legal development about the interpretation of the Nigerian Constitution should be left to the Nigerian courts."
This creates a crucial opportunity for the Nigerian judiciary to provide definitive guidance on whether oil companies can be held liable for breaches of fundamental constitutional rights arising from serious pollution.
"The ball is now firmly in the court of the Nigerian judiciary," Dr. Agbakoba emphasized. "Our Supreme Court has the opportunity to provide definitive clarity on the constitutional dimensions of environmental pollution and corporate accountability. The international legal community is watching."
The case addresses pollution affecting the Bille and Ogale communities in Rivers state, with a combined population of 50,000, who have been left without clean water, unable to farm and fish, and facing serious ongoing health risks due to chronic oil spills.
Olisa Agbakoba Legal has been at the forefront of constitutional litigation and environmental justice advocacy in Nigeria for over two decades. The firm's expertise in fundamental rights law and environmental constitutionalism positions it as a leading voice in the intersection of human rights and environmental protection.
The firm continues to advocate for stronger legal frameworks that hold corporations accountable for environmental harm while empowering communities to vindicate their constitutional rights to a clean and healthy environment.