Nigerian SC Gives Decision Against Shell

international | rights, freedoms and repression | news report

Saturday November 19, 2005 10:01

by Paul O'C - n/a

I just recieved this report through escr.net, thought it would be of interest to all, in particular those involved in the Rossport/Corrib campaigns. (p.s. there is some odd sintax in the main post, just ignore it).

Immediate Release: Monday 14 Nov 2005

COURT CASE RESULT - OIL COMPANIES ORDERED TO STOP GAS FLARING IN
NIGERIA

In a historic judgment today, the Federal High Court of Nigeria has
ordered companies to stop gas flaring in the Niger Delta, as it
violates guaranteed constitutional rights to life and dignity. In a case brought against the Shell Petroleum Development Company of Nigeria (Shell), Justice C. V. Nwokorie ruled in Benin City that the damaging and wasteful practice of flaring by all the major companies, including ExxonMobil, ChevronTexaco, TotalFinaElf and Agip, as well as Shell, in joint ventures with the Nigerian National Petroleum Corporation, cannot lawfully continue and must stop.

Nigeria has been the world's biggest gas flarer, and the practice has
contributed more greenhouse gas emissions than all other sources in
sub-Saharan Africa combined, as well as poisoning localities with their toxic cocktail. The practice costs Nigeria about US$2.5 billion
annually, while about 66% of its population live on less than US$1 a
day.

The judge also declared the Nigerian gas flaring law to be
unconstitutional, and ordered the Attorney General to meet with the
Federal Executive Council (the countryÃ¢â‚¬â„¢s highest executive body,
including the President, Vice President and Ministers) in order to
bring the law into line with present day practice, rules and regulations governing oil and gas activities.

The case was brought by Mr Jonah Gbemre, on behalf of himself and the
Iwerekan community in Delta State, supported by Environmental Rights
Action/Friends of the Earth Nigeria and the Climate Justice Programme.

*Reverend Nnimmo Bassey*, Executive Director of Environmental Rights
Action/Friends of the Earth Nigeria, commented:

Ã¢â‚¬Å“For the first time, a court of competence has boldly declared that
Shell, Chevron and the other oil corporations have been engaged in
illegal activities here for decades. We expect this judgement to be
respected and that for once the oil corporations will accept the truth and bring their sinful flaring activities to a halt.

Ã¢â‚¬Å“This victory marks a new dawn in the struggle of the communities of
the Niger Delta to have these flares of hell switched off. For the
first time there is a hope that children here can hope to have a dark, quiet night, enjoy the chirps of birds and rest their ear drums from the awful noise of these gas flares."

Peter Roderick, co-Director of the Climate Justice Programme, said:

Ã¢â‚¬Å“This is a landmark judgment. We applaud the courage of the judge in
giving a clear message that flaring is an outdated practice that is not acceptable in Nigeria. We also applaud the courtÃ¢â‚¬â„¢s decision to apply rights guaranteed by the Nigerian constitution to an environmental case for the first time in Nigeria, in line with other countries.Ã¢â‚¬Â