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Article

14 Jan 2022

Author:
Asaba Osayande, The Guardian (UK)

Nigeria: Shell appeals judgment challenging order to stop gas flaring

"Shell appeals judgment stopping gas flaring", 29 Dec 2021

Shell Petroleum Development Company of Nigeria Limited has filed an appeal challenging the judgment of the Federal High Court sitting in Benin, Edo State, which ordered the company to stop flaring of gas in Iwhrekan community in Delta State.

Apparently dissatisfied with the judgment, SPDC filed an appeal at the Court of Appeal sitting in Benin with Suit No. CA/B/419/2017, asking the appellate court to determine if the lower court judge had the jurisdiction to entertain the suit.

Shell is also arguing that evidence relied upon for Iwhrekan community did not scientifically prove the judgment by the trial judge before judgment was given in their favour.

The appeal suit, slated for hearing January 20, 2022, at the Court of Appeal, Benin, has Shell Petroleum Development Company (SPDC) Ltd and Nigerian National Petroleum Corporation (NNPC) as applicants while Mr. Gbemre (for Iwhrekan community) and Attorney General of the Federation are respondents.

Iwhrekan community is one of the host communities to West Africa’s biggest gas plant, Otorogu Gas Plant, in Ughelli South, Delta State, where Shell has been flaring gas for decades.

Justice J. Nwokorie of the Federal High Court, Benin, had in the case instituted by Gbemre on behalf of Iwhrekan community ordered SPDC to stop flaring of gas in the community.

Reacting to the appeal, lawyer to Iwhrekan community, Prince Chima Williams of Chima Williams & Associates Law Firm, said they were ready to defend the position of the law and ensure that justice was served to the people of the oil-rich community, as a renowned constitutional lawyer and activist, Mr. Femi Falana (SAN) joined the community’s legal team to defend the judgment of the Federal High Court in favour of Iwhrekan people.

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