The Controversy Of Jonah Gbemre

1196 Words Oct 28th, 2016 5 Pages
Jonah Gbemre instituted a lawsuit on behalf of himself and the Iwhereken Community in Delta State, in the Niger Delta area of Nigeria against Shell Petroleum Development Company Nigeria Ltd, NNPC and the Attorney General of the Federation . Alleging violations of both constitutional provisions and those of the African Charter under the fundamental rights enforcement procedure in the Nigerian constitution, the Plaintiffs claimed that sections 33(1) and 34(1) of the constitution, their right to life and the dignity of the human person and articles 4, 16 and 24 of the African Charter had been violated by the oil exploration and production activities of Shell, which led to incessant gas flaring . In addition, the plaintiffs alleged that the continuous gas flaring by the MNCs had led to the pollution of the environment, exposing the community to the risk of premature death, respiratory illnesses, asthma and cancer . Their crop production was alleged to have been ruined by pollution thereby adversely affecting their food security . Furthermore, many of the natives were said to have died with many more were suffering from various illnesses causing the Plaintiffs to complain that the community had been left in a state of gross underdevelopment . One of the many grounds on which the defendants hinged their case, according to Amao, was that the quoted articles of the African Charter , under the Nigerian fundamental rights enforcement procedure, do not create enforceable rights . Due…
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