media advisory
friends of the earth international
on behalf of climate justice programme
court orders oil companies to stop gas
flaring in nigeria
LONDON (UK) / BENIN CITY (NIGERIA), 14
November 2005 – 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 country’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:
"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".
"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:
"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 court’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.”
photographs of Niger Delta flaring are
freely downloadable, without watermarks, from
these sites:
http://www.idspicturedesk.com/picturedesk/I?k=icn85ZN347-49423&u=aGO
http://www.idspicturedesk.com/picturedesk/I?k=Om4Noo55XK-66585&u=yFf
for more information
contact
in Nigeria:
Environmental Rights Action/Friends of the
Earth Nigeria:
Chima Williams, lawyer + 234 80 388 59477 +
234 80 236 49890
Nnimmo Bassey, Executive Director +234
52602680 (office) +234 8037274395
(mobile)
in the uk:
Climate Justice Programme: Peter Roderick,
co-Director + 44 20 7388 3141
in germany:
Climate Justice Programme: Roda Verheyen,
co-Director + 49 179 465 2979
in the netherlands
Milieudefensie / Friends of the Earth
Netherlands: Anne van Schaik + 31 20 550 7387
+ Friends of the Earth International: Paul de
Clerck, + 31 62 74 54 457
This action was filed in the summer and
permission was granted to Mr Gbemre to bring
his case on 21 July 2005. The case is one of
a number of cases brought by Niger Delta
communities to stop gas flaring. A report
published by the Climate Justice Programme
and Environmental Rights Action, ‘Gas Flaring
in Nigeria: A human rights, environmental and
economic monstrosity’, is available here, in
both HTML and PDF versions:
http://www.climatelaw.org/media/gas.flaring/report/
Environmental Rights Action/Friends of the
Earth Nigeria is dedicated to the defence of
human ecosystems in terms of human rights,
and to the promotion of environmentally
responsible governmental, commercial,
community and individual practice in Nigeria
through the empowerment of local people:
www.eraction.org
The Climate Justice Programme is an
initiative hosted by Friends of the Earth
International. It aims to encourage and
support the enforcement of the law
internationally to combat climate change.
Over 70 organisations and lawyers are
signatories to its Statement of Support,
including Friends of the Earth, Greenpeace,
WWF and organizations based in developing
countries:
www.climatelaw.org
Read the
court's decision
.
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