16th December 2005 -- Contempt of court proceedings began in the Federal High Court of Nigeria in Benin City today against The Shell Petroleum Development Company of Nigeria Limited (Shell) and the Nigerian National Petroleum Corporation (NNPC), for disobeying a court order last month to stop gas flaring in the Iwherekan community in Delta State.

In his historic order of 14 November 2005, Justice C. V. Nwokorie found, in a case brought by Mr Jonah Gbemre on behalf of himself and his community, that gas flaring is a "gross violation" of the constitutionally-guaranteed rights to life and dignity, and ordered Shell and NNPC to be "restrained" and to "take immediate steps to stop further flaring" in Iwherekhan.

However, 32 days after the order, the community reports that the flaring continues.

Today's contempt proceedings began with the filing today of "Form 48", giving notice to named officers of the two companies that they are liable to imprisonment if the court order of 14 November is disobeyed. The named individuals are: Mr Basil Omiyi, the Managing Director of Shell, Eng. Funsho Kupolokun, Group Managing Director of NNPC, and Chief Mrs. Sena Anthony, Company Secretary of NNPC. Once these notices have been served by the court, “Form 49” can be filed, requiring the addressees to attend court to show cause why they should not be sent to prison for disobedience of a court order. These would be served and the court would then decide the appropriate response.

Read the court order.

Shell and NNPC have appealed against the judgment. However, they are obliged to comply with it unless a stay of execution has been granted. No stay has been granted. On 20th December 2005, their application for a stay is due to be heard. Even if a stay was to be granted, they will have been in contempt of court until the date of the stay.