Shell Adds More Onshore Assets In Nigeria For Sale
Shell Adds More Onshore Assets In Nigeria For Sale

Shell Petroleum Development Company (SPDC) Limited has appealed the decision of the Federal High Court in Benin, Edo State.

The court had ordered that gas flaring in the Iwhrekan village of Delta State be halted.

In a case brought by Jonah Gbemre on behalf of the Iwhrekan community, Justice J. Nwokorie of the Federal High Court of Benin ordered SPDC to stop flaring gas in the village.

SPDC, NNPC, and the Attorney General of the Federation (AGF) were named as the first, second, and third defendants in the complaint, respectively.

The “actions of the 1 and 2 respondents in continuing to flare gas in the course of their oil exploration and production activities in the applicant’s community is a violation of their fundamental rights to life (including a healthy environment) and dignity of human person guaranteed by Section 31) and 34(1) of the constitution of the Federal Republic of Nigeria, 1999…”, according to Justice Nwokorie.

“Declaration that the constitutionally guaranteed fundamental rights to life and dignity of human person provided in Sections 33(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 and reinforced by Arts 4, 16, and 24 of the African Charter on Human Procedure Rules (Procedure and Enforcement) Act are constitutionally guaranteed fundamental rights to life and dignity of human person provided in Sections 33(1) and 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 and reinforced by Arts 4, 16, and 24 of the African Charter on Human Procedure Rules ( Vol. A9, Cap. A9 The right to a clean, poison-free, pollution-free, and healthy environment is inextricably linked to the Nigerian Federation Laws of 2004.

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“A declaration that the actions of the 1st and 2nd respondents in continuing to flare gas in the course of their oil exploration and production activities in the applicant’s community is a violation of their fundamental rights to life (including healthy environment) and dignity of human person guaranteed by Sections 3301) and 34(1) of the constitution of Federal Republic of Nigeria, 1999 and reinforced by Arts 4, 16 and 24 of the African Charter on Human Procedure Rules (Ratification and Enforcement) Act Cap, A9 Vol. I Laws of the Federation of Nigeria, 2004.

“A declaration that the failure of the 1st and 2nd respondents to carry out an environmental impact assessment in the applicant’s community concerning the effects of their gas flaring activities is a violation of Section 2(2) of the Environment Impact Assessment Act, Cap. E12 Vol. 6 Laws of the Federation of Nigeria, 2004 and contributed to the violation of the Applicant’s said fundamental rights to life and dignity of person.

“An order of Perpetual Injunction restraining the 1st and 2nd respondents by themselves or by their agents, servants, contractors of workers or otherwise howsoever from further daring of gas in the Applicants said Community.”

Dissatisfied with the decision, SPDC filed an appeal with the Court of Appeal in Benin under the number CA/B/419/2017, requesting that the appellate court assess whether the lower court judge had jurisdiction to hear the case.

Shell further claims that the evidence used by the trial judge for his decision was not scientifically demonstrated by the Gbemre and Iwhrekan communities before the decision was made in their favor.

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