Jonah Gbemre v. Shell Petroleum

Shell Petroleum (Shell) (defendant) flared gas as part of its oil-exploration and -production activities in Jonah Gbemre’s (plaintiff) community. Gbemre applied to the High Court in Nigeria as an individual and on behalf of Gbemre’s community. Gbemre alleged that the gas flaring caused environmental pollution and adverse effects on human health and contributed to climate change. Gbemre also cited the fact that Shell did not complete an environmental-impact assessment before undertaking the gas flaring. Gbemre argued that the Nigerian constitution’s rights to life and dignity included the right to a healthy environment. Because “life” was not defined in the Nigerian constitution, Gbemre pointed to the definition of life in Black’s Law Dictionary, which was broad enough to include having functioning organs and enjoyment of the faculties. Gbemre also cited the rights to life and integrity of person and the right to a general satisfactory environment enshrined in the African Charter on Human and Peoples’ Rights (the charter). Gbemre sought a declaration that the gas flaring violated his rights to life and dignity and an injunction stopping Shell from flaring gas. Shell argued that its gas flaring complied with federal regulations and was not causing pollution or health problems. Gbemre argued that the federal law that permitted continuous gas flaring was inconsistent with Gbemre’s right to life and dignity and, therefore, unconstitutional.