JURISDICTION OF UK COURTS TO HEAR AND DETERMINE CLAIMS FOR OIL-RELATED ENVIRONMENTAL DAMAGE OCCURRING IN NIGERIA: REFLECTIONS ON THE CASE OF OKPABI V. ROYAL DUTCH SHELL PLC1*

Abstract

In Okpabi v. Royal Dutch Shell PLC, the United Kingdom Supreme Court established that in appropriate cases, a parent company domiciled in the United Kingdom could be held vicariously responsible in a UK Court for the polluting activities of its Nigerian subsidiary occurring wholly within Nigeria. Through an analysis of the Okpabi case, this article examines the jurisdictional challenges that Nigerian litigants are bound to face should they seek redress in English courts for environmental damage caused by the oil operations of Multi-National Oil Companies (MNOCs) in Nigeria. The article finds that the Okpabi series of cases (including the recent English High Court ruling delivered on the 20th day of June 2025, that Royal Dutch Shell PLC and its now former Nigerian subsidiary can be held legally responsible for historic oil pollution in Nigeria) offers potential opportunities for Nigerian victims of oil-related environmental damage desirous of instituting their cases in England. Evidence from the cases indicates that the English courts are ready and willing to exercise jurisdiction to hear and determine claims for damages for the polluting activities of MNOCs in Nigeria, provided that there is an “anchor” defendant domiciled within the United Kingdom.