Court rules against gas flaring in Iwhrekan community

Justice J. Nwokorie of a Federal High Court in Benin , Edo state has ruled against continued gas flaring in Iwhrekan community, Delta state in a case filed by Mr. Jonah Gbemre for the community against Shell , SPDC, Nigerian National Petroleum Corporation, NNPC and Attorney General of the Federation, AGF, as first, second and third defendants respectively.

According to Justice Nwokorie : “Actions of the 1 and 2 Respondents in continuing to flare gas in the course of their oil exploration and production activities in the Applicant’s Community is a violation of their fundamental rights to life (including healthy environment) and dignity of human person guaranteed by Section 31 and 34(1) of the Constitution of Federal Republic of Nigeria, 1999…”

The community among other things had sought in suit no FHC/B/CS/53/05 “Declaration that the constitutionally guaranteed fundamental rights to life and dignity of human person provided in Sections 33(1) and 34(1) of the Constitution of Federal Republic of Nigeria, 1999 and reinforced by Arts 4, 16 and 24 of the African Charter on Human Procedure Rules (Procedure and Enforcement) Act. Cap A9, Vol. Laws of the Federation of Nigeria, 2004 inevitably includes the right to clean poison-free, pollution-free and healthy environment.”

“A declaration that the actions of the 1” and 2 Respondents in continuing to flare gas in the course of their oil exploration and production activities in the Applicant’s Community is a violation of their fundamental rights to life (including healthy environment) and dignity of human person guaranteed by Sections 3301) and 34(1) of the Constitution of Federal Republic of Nigeria, 1999 and reinforced by Arts 4, 16 and 24 of the African Charter on Human Procedure Rules (Ratification and Enforcement) Act Cap, A9 Vol. I Laws of the Federation of Nigeria, 2004.

“A declaration that the failure of the 1 and 2 Respondents to carry out environmental impact assessment in the Applicant’s Community concerning the effects of their gas flaring activities is a violation of Section 2(2) of the Environment Impact Assessment Act, Cap. E12 Vol. 6 Laws of the Federation of Nigeria, 2004 and contributed to the violation of the Applicant’s said fundamental rights to life and dignity of person.

“An order of Perpetual Injunction restraining the 1 and 2 Respondents by themselves or by their agents, servants, contractors of workers or otherwise howsoever from further daring of gas in the Applicants said Community.”

Meantime, Shell has challenges the judgment at the Appeal court in Benin.