Summary:
The applicant brought the action on behalf of himself and the Iwherekan community in Delta State in the Niger Delta region. The community had for decades been subjected to continuous gas flaring by the Shell Petroleum Development Company (SPDC) in joint venture with the Nigerian National Petroleum Corporation (NNPC). The applicant argued that this practice caused severe health problems, degraded agricultural land and water sources, polluted the air, and contributed to broader adverse climate change effects. He contended that the continued flaring of gas violated constitutionally guaranteed rights to life and dignity (in terms of sections 33 and 34 of the 1999 Constitution of Nigeria) as well as protections under the African Charter on Human and Peoples’ Rights.
The court held that the gas-flaring violated constitutionally guaranteed rights, including the right to a clean, poison-free, pollution-free, healthy environment. Having found this, the court declared the practice unconstitutional in the applicant’s community and ordered Shell and the NNPC to take immediate steps to stop flaring gas there. It also directed the Attorney General of the Federation to initiate amendments to the relevant legislation to align it with constitutional guarantees.
This case constitutionalised environmental protection, embedding it within Nigeria’s fundamental rights framework. Secondly, it recognised that environmental harm, including greenhouse gas emissions and the adverse effects of climate change, can amount to a violation of the rights to life and dignity. Thirdly, it demonstrated judicial willingness to confront powerful corporate and state actors where fundamental rights are implicated. The judgment ultimately situates climate change and environmental protection within the core of human rights law, affirming that the rights to life and dignity necessarily include the right to a healthy and sustainable environment.
Text of the decision:
The text of the decision can be consulted and downloaded below.
Date of decision:
14 November 2005
Status:
Decided
Court:
Federal Court of Nigeria
Suggested citation:
Gbemre v Shell Petroleum Development Company
Nigeria Limited and Others (2005) AHRLR 151 (NgHC 2005) (Federal High Court of Nigeria in the Benin Judicial Division, suit FHC/B/CS/53/05, 14 November 2005)
Last updated:
3 August 2026
Credits:
This database entry was contributed by Michaela O’Donoghue, LLD Candidate in the Urban Law and Sustainability Governance Chair, Stellenbosch University, South Africa