At the Federal High Court of Nigeria in Benin City today (11th April 2006), Mr Justice Nwokorie ordered:

1. the Managing Director of Shell Nigeria, Chief Basil Omiyi;
2. the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Eng. Funsho Kupolokun;
3. the Nigerian Petroleum Minister, Chief Edmund Dakoru; and
4. the Company Secretary of NNPC, Chief Mrs. Sena Anthony,

to appear before him to present in open court a quarterly programme for stopping gas flaring in the Iwherekan community by one year from today, 11th April 2007.

On this basis, the judge allowed Shell Nigeria and NNPC a partial stay of execution on his November 2005 order ^[ 1 ], allowing them to continue to flare in Iwherekan until April 2007.

The order was made in a case brought by Mr Jonah Gbemre on behalf of himself and the Iwherekan community.

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 ^[ 2 ].

Contempt of court proceedings were filed against Messrs Omiyi and Kupolokun, and Mrs Anthony in December 2006, after Shell and NNPC had not complied with an order of the same judge to stop flaring in the Iwherekan community. It would be a contempt of court for these three individuals and the Petroleum Minister not to appear in court with such a programme on the day ordered by the judge, namely 31 May 2006.

Reverend Nnimmo Bassey, Executive Director of Environmental Rights Action/Friends of the Earth Nigeria, who have been supporting the case, said: "We expect this judgment to be respected and that for once the oil corporations will accept the truth and bring their damaging and wasteful flaring activities to a halt."

Peter Roderick, co-Director of the Climate Justice Programme, which has been supporting Mr Gbemre and the community in bringing the case, said:

"I am delighted that the judge has shown courage and tenacity in requiring Shell Nigeria and NNPC to stop flaring in Iwherekan. His order indicates a nuanced approach, backed by a clear message that the rights of local people to live in dignity and in a healthy environment will be enforced by the courts. The old flares-out game of broken promises is coming to an end."

Alison Dilworth, Rights and Justice Campaigner, Friends of the Earth, said:

"Flaring is a human rights violation which damages the health and livelihoods of communities across the Delta, as well as significantly contributing towards climate change. Today's verdict puts Shell under a legal obligation to end flaring and is a victory in the campaign to end flaring."

"Oil giant Shell has been told twice now to stop gas flaring. Nevertheless, Shell plans to continue flaring until 2009. It is time that Shell starts to respect Nigerian law and stops breaching human rights in the Iwherekan community and in the rest of Nigeria," added Paul de Clerck of Friends of the Earth International.

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

Friends of the Earth, Alison Dilworth
+ 20 7566 4084

In Belgium

Paul de Clerck, Friends of the Earth International
Tel: +32-473 510147 or email: paul@milieudefensie.nl

Notes