Shell Appeals Gas Flaring Judgment, Falana Joins Community’s Legal Team

Shell Petroleum Development Company of Nigeria Limited has filed an appeal challenging the judgment of the Federal High Court sitting in Benin, Edo State, which stopped flaring of gas in Iwhrekan community in Delta State.

Iwhrekan is one of the host communities to West Africa’s biggest gas plant, Otorogu Gas Plant, in Ughelli South, Delta State, where Shell has been flaring gas for decades.

Justice J. Nwokorie of the Federal High Court, Benin, had in a case instituted by Mr. Jonah Gbemre on behalf of the community, ordered SPDC to stop flaring of gas in the community.

The suit had SPDC, Nigerian National Petroleum Corporation and the Attorney-General of the Federation as first, second and third defendants respectively.

Justice Nwokorie also declared that the “actions of the first and second respondents in continuing to flare gas in the course of their oil exploration and production activities in the applicants’ 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, in suit no FHC/B/CS/53/05, had asked the court to declare “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 include the right to clean poison-free, pollution-free and healthy environment.

“A declaration that the failure of the first and second respondents to carry out environmental impact assessment in the applicants’ 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 applicants’ said fundamental rights to life and dignity of person.

“An order of perpetual injunction restraining the first and second respondents by themselves or by their agents, servants, contractors of workers or otherwise howsoever from further flaring of gas in the applicants’ said community.”

Dissatisfied with the judgment, SPDC filed an appeal at the Court of Appeal sitting in Benin with a suit No. CA/B/419/2017, asking the appellate court to determine if the lower court judge had the jurisdiction to entertain the suit.

SPDC also claimed that the pieces of evidence relied upon by the trial judge were not scientifically proven by Gbemre and Iwhrekan community before judgment was given in their favour.

The appeal has been slated for hearing on January 20, 2022.

Meanwhile, lawyer to Iwhrekan community, Chima Williams, said the community was ready to defend the position of the law and ensure that justice was served to the people of the oil-rich community.

Williams also disclosed that renowned activist, Mr. Femi Falana (SAN), has joined the community’s legal team to defend the judgment of the Federal High Court.