Friends of the Earth International Media
Advisory
Shell ignores court order to stop gas
flaring in Nigeria - Company faces contempt
action
Lagos Nigeria / Brussels Belgium, December
16 - Contempt of court proceedings were today
started against the Shell Petroleum Company
of Nigeria (Shell) and the Nigerian National
Petroleum Corporation (NNPC) for failing to
comply with a court order. The order was
issued by the Federal High Court of Nigeria
on 14 November 2005, to stop flaring gas with
immediate effect in Iwherekan community,
Delta state. The court found gas flaring to
be a ‘gross violation' of the rights to life
and dignity.
People from the Iwherekan community have
confirmed that flaring, a by-product of oil
extraction, has continued unchecked since 14
November 2005. Shell has therefore been in
contempt of court since this date. The
contempt of court notice is being filed by a
member of the Iwherekan community in Delta
State on behalf of himself and the Iwherekan
community, with the support of Environmental
Rights Action (Friends of the Earth Nigeria),
the Climate Justice Program and Friends of
the Earth.
Across the Delta, the giant orange flares
burn all day and night, many of them close to
peoples' homes. Local communities suffer
higher rates of respiratory diseases such as
asthma because of the toxic chemicals in the
gas and have to suffer constant noise, light
and heat. Crop yields are damaged by air
pollution.
The flaring pumps clouds of black toxic
smoke into the sky, causing more greenhouse
gas emissions than any other single source in
sub-Saharan Africa, according to the World
Bank.
Nnimmo Bassey, Executive Director of
Environmental Rights Action (Friends of the
Earth Nigeria), said: “Since judgement was
passed Shell has not halted her illegal
activities. What we are witnessing is a clear
demonstration of the fact that Shell has
scant respect for the lives of the people in
whose communities they carry on their
business. While the people are dying, Shell
cares only for her profits. We see a
multinational corporation that has no respect
for the rule of law but who at every turn
loves to characterise local people as vandals
and saboteurs. Who is the vandal: Shell or
the people? Shell is contemptuous of our
laws, of our peoples and of our environment.
We are ashamed that our government is in an
unholy wedlock with a corporation such as
this.”
Paul de Clerck of Friends of the Earth
International in Brussels says:
“It is shocking that Shell continues to
flare gas despite Nigeria's high court ruling
that it is illegal and a breach of human
rights. Shell has demonstrated once again
that is doesn't have any respect for the
people of the Niger Delta”.
Peter Roderick of the Climate Justice
Programme said: “So soon after its fraud over
Nigerian reserves, it's astonishing that
Shell has not complied with this court order
preventing it from continuing gross
violations of human rights. Its behavior
seriously undermines respect for the rule of
law that its operations depend on.”
For further information, please
contact:
- In Brussels Friends of the Earth
International, Paul de Clerck, phone:
+32-2-3457572,
paul@milieudefensie.nl
- Friends of the Earth Nigeria, Nnimmo
Bassey, +234 80 37274395 (mobile),
nnimmo@eraction.org
and Chima Williams, lawyer, +234 80 388
59477, +234 80 236 49890
- Climate Justice Program, Peter Roderick, +
44 20 7388 3141
Information on gas flaring, see ‘Gas
flaring in Nigeria; a human rights,
environmental and economic monstrosity':
http://www.foei.org/publications/index.html
Photographs of Niger Delta flaring are
freely downlo adable, without watermarks,
from:
http://www.idspicturedesk.com/picturedesk/I?k=icn85ZN347-49423&u=aGO
http://www.idspicturedesk.com/picturedesk/I?k=Om4Noo55XK-66585&u=yFf
A copy of the court order is available
here:
http://www.climatelaw.org/media/media/gas.flaring.suit.nov2005/ni.shell.nov05.decision.pdf
Notes to editors
Contempt proceedings were filed today, 16
December 2005, by Mr Jonah Gbemre, on behalf
of himself and the Iwherekan community, Delta
State at the Federal High Court of Nigeria,
sitting in Benin City, against the Shell
Petroleum Development Company of Nigeria and
the Nigerian National Petroleum
Corporation.
On 14 November 2004, the Shell Petroleum
Development Company of Nigeria and the
Nigerian National Petroleum Corporation were
ordered by the Federal High Court of Nigeria
to stop flaring gas in the Iwherekan
community, in the Niger Delta, as it violates
the rights to life and dignity, guaranteed
under the Constitution of Nigeria. The Judge
also declared that the gas flaring laws were
“unconstitutional, null and void”.
Shell has appealed against the High
Court's ruling on procedural grounds,
challenging the court's competence to try the
case, and against the judgment. However,
without a ‘stay of execution' this does not
free Shell from its obligation to immediately
end flaring in Iwherekan community. No stay
of execution has been granted. An application
for a stay of execution by Shell and NNPC is
due to be heard on 20 December 2005.
This original case brought by Mr Jonah
Gbemre, on behalf of himself and the
Iwherekan community in Delta State, supported
by Environmental Rights Action/Friends of the
Earth Nigeria (ERA) and the Climate Justice
Programme (CJP).
All the major multinational oil companies
in Nigeria flare gas, in joint ventures with
the Nigerian National Petroleum Corporation,
and the breadth of the ruling makes it clear
that their flaring is also illegal.
The ruling recognizes that gas flaring is
a serious human rights violation; a violation
which has gone unchecked for almost 50 years
across the Delta earning profits for oil
companies including Shell while contributing
to the degradation of the local environment,
on which local communities depend, and to
global climate change. 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
combine, as well as poisoning localities with
a cocktail of toxins. Furthermore, the
practice costs Nigeria about US$2.5 billion
annually, while 66% of its population live on
less than US$1 a day.
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
.
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