Gbemre v Shell Petroleum Development Corp. Nigeria Ltd. & Others, Suit No. FHC/B/CS/53/05 (Fed. High Court of Nigeria, Benin Division) (14 Nov. 2005) 

The applicant Jonah Gbemre represented himself and the Iwherekan Community in Delta State, Nigeria against Shell Petroleum Development Company Nigeria Ltd, Nigerian Petroleum Corporation and the Government of Nigeria. Gbemre v Shell Petroleum Development Corporation Nigeria Ltd. & Others, Suit No: FHC/B/CS/53/05 (Federal High Court of Nigeria, Benin Division) (14 Nov 2005), pg. 1. The applicants brought the case to address effects of gas flaring produced during the extraction of petroleum, and its effects on their health and environment. The applicants asked the court to enforce their constitutional rights to life and the dignity of the human person violated by the gas flaring generated from the project. Id. at pg.1.

The applicants claimed the pollution from the gas flaring caused respiratory illnesses, degraded the environment, threatened food and water security, and negatively affected their livelihood. Id. at pgs. 4&5. Applicants also claimed that the gas flaring law violates constitutional rights, as well as the African Charter of Human and Peoples’ Rights, and that an environmental impact assessment was not conducted as required by the Environmental Impact Assessment Act. Id. at pg. 2.  

The Court ultimately determined that the applicant properly instituted the case in a representative capacity on his own behalf and on behalf of the community members seeking the enforcement of their fundamental rights. Id. at pg. 29. The Court declared that the Constitutional fundamental rights to life and dignity of person “inevitably includes the rights to clean, poison-free, pollution-free healthy environment.” Id. at pg. 30. 

The Court held that failure to conduct an environmental impact assessment in the affected community violated the Environmental Impact Assessment Act  and “contributed to the violation of the Applicant’s … fundamental rights to  life and dignity of the human person.” Id. at pgs. 30-31. The Court declared the provisions of the Associated Gas-Re-injection Act on continued gas flaring are “unconstitutional, null and void” because they are “inconsistent with the Applicant’s Right to life and/or dignity of the human person” as provided by the Constitution and the African Charter on Human and Peoples’ Rights. Id. at pg. 31. The Court further held that Respondents’ continuous gas flaring during their oil “exploration and production activities” violated the “fundamental rights to life (including healthy environment) and the dignity of human person” guaranteed in the constitution. Id. at pg. 30. 

Consequently, the Court restrained the respondents and ordered them to immediately take steps to stop the gas flaring in the applicants’ communities. Finally, the Court ordered the Attorney General of the Federation of Nigeria to commence proceedings to amend Section 3 of the Associated Gas Re-injection Act to align with the Constitution. 

The respondents have appealed this decision.