Climate Justice Programme, 16 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 ^[ 1 ].

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.

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 ].

Reverend Nnimmo Bassey, Executive Director of Environmental Rights Action/Friends of the Earth Nigeria, which has supported the case, commented:

"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."

Peter Roderick, co-Director of the Climate Justice Programme, which has also supported the case, said:

"We are appalled that this judgment has not been respected. It makes reading Shell’s Business Principles now a particularly sickening experience. Shell often complains about lawlessness and the difficulties of doing business in Nigeria. The richest and most powerful in a society contribute to those difficulties when they ignore a court order which offers protection to some of the poorest and most vulnerable. The resulting, widespread anger and repugnance exacerbate them.

"The decent things to do would be to stop flaring immediately, account for the benefits and accept that it is no longer possible to continue flaring for another four years."

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

CONTACTS:

• 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
  

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