By Agabaidu Chukwuemeka Jideani

As we approach 2026, the ongoing legal battle between the Bille and Ogale communities in the Niger Delta and Shell plc stands as one of the most significant developments in transnational business and human rights (BHR) litigation. Known formally as Okpabi v Royal Dutch Shell plc and Alame v Shell plc, this case which was initiated in 2015 by over 42,000 claimants, alleges decades of chronic oil pollution from Shell’s operations that have devastated livelihoods, contaminated water sources, and posed severe health risks.

In 2025, a pivotal preliminary issues trial in the UK High Court (February–March) culminated in a June judgment by Justice May, ruling that Shell plc and its former Nigerian subsidiary (Shell Petroleum Development Company of Nigeria) can be held liable for legacy (historic) oil pollution. This rejected Shell’s attempts to limit the scope of claims, clearing the path for a full four-month trial scheduled for 2027. While Shell attributes most spills to third-party sabotage and illegal refining, the ruling underscores potential parent company responsibility for systemic failures in oversight and remediation.

This case is critically important for Business and Human Rights compliance in Nigeria, particularly in light of the National Action Plan (NAP) on BHR, the UN Guiding Principles on Business and Human Rights (UNGPs), and the extractive industry’s central role in the Nigerian economy.

Nigeria’s NAP on BHR, approved in April 2023 and embedded within the broader National Action Plan for Human Rights (2024–2028), represents a commitment to operationalizing the UNGPs. It prioritizes due diligence in high-risk sectors, enhanced access to remedy through strengthened non-judicial mechanisms, and multi-stakeholder engagement. Ongoing implementation includes workshops led by the National Human Rights Commission (NHRC), the Abuja Chamber of Commerce and Industry, and the establishment of the African Continental Centre for Business and Human Rights as well as continued support by the UNDP.

The Shell case directly challenges these efforts, exposing enforcement gaps in the Niger Delta while highlighting opportunities to advance Pillar III objectives, such as improving grievance mechanisms and fostering business-community partnerships.

The UNGPs, endorsed in 2011, outline three pillars: the state’s duty to protect human rights, the corporate responsibility to respect them, and effective access to remedy. The Bille/Ogale litigation starkly illustrates challenges under Pillar III in Nigeria, where local judicial and non-judicial remedies have frequently fallen short due to delays, limited resources, or other barriers. By permitting claims against a UK-domiciled parent company, the case reinforces the expectation that home states provide extraterritorial remedies when host-state options are insufficient. It also underscores the importance of robust human rights due diligence under Pillar II to address salient risks, including environmental degradation affecting rights to health, clean water, and adequate livelihoods.

The oil and gas sector continues to dominate Nigeria’s economy, driving substantial government revenue and foreign exchange amid diversification initiatives. Despite challenges like oil theft and global energy shifts, extractives underpin GDP growth and attract major investments. Yet, persistent pollution in the Niger Delta erodes sustainable development, intensifies community tensions, and poses health risks.

The Bille/Ogale proceedings demonstrate how unresolved human rights impacts in this vital sector can generate legal, reputational, and operational risks, potentially discouraging investment and perpetuating instability.

With the 2027 trial approaching, 2026 presents a critical opportunity for stakeholders to proactively align practices with the NAP and UNGPs, averting future conflicts and promoting responsible business conduct.

The organized private sector and businesses, particularly in extractives (e.g., NNPC and international operators), should embed human rights due diligence, targeting salient risks such as pollution and displacement. This includes developing remediation plans for legacy issues, fostering genuine community engagement, and advancing sector-wide standards through organizations like the Abuja Chamber of Commerce and Industry, the African Continental Centre for Business and Human Rights, the Nigerian Chambers of Commerce Dispute Resolution Centre and various Extractive Industry associations.

Civil society organizations and community groups can monitor NAP progress, push for robust remedy mechanisms (including NHRC processes), conduct impact assessments, and document ongoing harms to shape policy and support grievance efforts.

Regulators and government entities, including the NHRC, National Oil Spill Detection and Response Agency (NOSDRA), and Ministry of Environment, need to expedite NAP initiatives, build capacity for non-judicial remedies, enforce environmental regulations, incorporate Business and Human Rights into licensing, and enhance transparency. It would be helpful to work with the Nigeria Extractive Industries Transparency Initiative (NEITI) in this initiative.

Independent Business and Human Rights experts, serve as essential neutral advisors. They can guide government on NAP execution and policy refinement, assist businesses with due diligence and risk management, and facilitate access to remedies through mediation or arbitration. Existing platforms, such as the Nigerian Chambers of Commerce Dispute Resolution Centre (established for commercial alternative dispute resolution), could be adapted or expanded to incorporate specialized Business and Human Rights (BHR) panels, enabling quicker, cost-effective resolutions that preserve relationships and align with the NAPBHR and UNGP standards.

Ultimately, the Bille/Ogale vs. Shell case transcends mere litigation; it is a compelling imperative to integrate human rights into Nigeria’s economic foundation. By harnessing the NAPBHR and UNGPs, all stakeholders (in all sectors) can convert vulnerabilities into pathways for equitable, rights-respecting development in 2026 and beyond. Inaction risks deepening Niger Delta alienation, jeopardizing both human dignity and national economic resilience.

Agabaidu Chukwuemeka Jideani, a Business and Human Rights Compliance, Risk, and Governance Expert, Serves as the Director General of the Abuja Chamber of Commerce and Industry and a Director of the African Continental Centre for Business and Human Rights.