Shell appeals judgment stopping gas flaring

By : Monday Osayande, Asaba

Date: 29 December 2021 3:47am WAT

(FILES) In this file photo taken on May 16, 2004 (FIELS) -- File picture shows an Aerial view of the Balal offshore oil platform in the Gulf waters, in the Gulf on the edge of Qatar's territorial waters on May 16, 2004. Under threat of US sanctions, European oil firms Total, Shell, Statoil and Eni have pledged to stop investing in Iran in what amounts to a "significant setback" to Tehran, a US official said September 30, 2010. AFP PHOTO/Behrouz MEHRI - OPEC members and other oil-producing countries convene in Vienna this week December 2018 to discuss cutting their output targets, torn between plunging oil prices and pressure from the United States to keep prices low. Under the watchful eye of major producers such as Saudia Arabia and Russia, delegates from both the Organization of Petroleum Exporting Countries and around 10 other non-OPEC members -- which together account for more than half of total global output -- will first hold preparatory meetings earlier in the week and then full plenary sessions on Thursday and Friday. (Photo by Behrouz MEHRI / AFP)

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.