Gas flare emits a mixture of benzene and other toxic substances that are harmful to humans and the entire physical environment. Acid rain, another fallout of gas flare acidifies lakes, rivers and streams and damages vegetation. It also accelerates the decay of the roofing sheets and other building materials. It has been stated time and time again by Plaintiffs in suits involving gas flaring that it is a process that seriously pollutes the air, causes respiratory diseases and generally endangers and impairs their health. In particular the Plaintiff in the case of GBEMRE V SHELL PETROLEUM DEVELOPMENT CO NIG. LTD & ORS (2005) A.H.R.L.R 151, stated that the burning of gas by flaring in their community gives rise to the following:
(a) Poisons and pollutes the environment as it leads to the emission of carbon dioxide and other cocktail of toxins that affect the health, lives and livelihood.
(b) Exposes them to an increased risk of premature death, respiratory illness, asthma and cancer.
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(c) Contributes to adverse climate change as it emits carbon dioxide and methane which causes warming of the environment and pollutes their food and water.
(d) Causes painful breathing, chronic bronchitis, decreased lung function and death.
(e) Reduces crop production and adversely impacts on their food security.
(f) Causes acid rain, their corrugated house roofs are corroded by the composition of the rain that falls as a result of gas flaring. Acidic rain consequently acidifies their lakes and streams and damages their vegetation.
(g) That so many natives of the community have died and countless others are suffering various sicknesses occasioned by the effects of gas flaring.
Pursuant to the above averments, Plaintiffs claimed that the constitutional guarantee of right to life and dignity of human person enshrined in Sections 33 & 34 of the 1999 Constitution respectively, and available to them as citizens of Nigeria, includes the right to clean, poison-free and pollution free air and healthy environment conducive for human beings to reside in for their development and full enjoyment of life, which have been and are being wantonly violated and continuously threatened with persistent gas flaring activities of the respondents in their community in Delta State. The response of the court to these averments have both been positive and proactive, and it shows that the judiciary will not wait for the legislature to show the way forward.
The Federal High Court that heard the matter agreed with the Plaintiffs and granted their prayers and reliefs in the form of Declarations namely:
(1) That the continuing flaring of gas in the course of exploration and production activities in the Applicants community constituted a violation of
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their fundamental rights to life and dignity of human person guaranteed by Sections 33(1) and 34(1) of the 1999 Constitution and reinforced by articles 4, 16 and 24 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap A9 L.F.N. 2004.
(2) Declaration that the provisions of Section 3(2), and (b) of the Associated Gas Re-injection Act 1979 now Cap A 25 Volume 1, Law of the Federation 2004 and Section 1 of the Associated Gas Re-injection (Continued flaring of gas) Regulations 1984, under which the continued flaring of gas in Nigeria may be allowed are inconsistent with the Applicant’s right to life and dignity of human person enshrined in Sections 33(1) and 34(1) of the Constitution, and articles 4, 16 and 24 of the African Charter on Human Peoples’ Right (Ratification and Enforcement) Act Cap A9, L.F.N.2004, and are therefore unconstitutional, null and void by virtue of Section 1(3) of the same Constitution.
An order of perpetual injunction restraining the 1st and 2nd respondents by themselves or their agents, servants, contractors or workers or otherwise howsoever from further flaring of gas in the applicant’s said community.
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4. CONCLUSION
You can see from our discussions above that the flaring of gas during oil production in the oil fields, contributes to the pollution of the environment. The extent of this man-made alteration in the quality of the environment is not limited to the atmosphere, but also affects land resources, water resources, residential buildings etc.
The process has also been identified as a major contributor to global warming.
You have also seen that the different arms of governments in Nigeria have not been indifferent to this oil operations damage. But far more active and vigorous is the judicial pronouncement in 2005 that the continued flaring of gas in our oil fields constitutes a violation of fundamental rights guaranteed by Sections 33 and 34 of our Constitution, as amended. To that extent, the provisions in the governing legislations and regulations, which allow gas flaring through Ministerial permit, being inconsistent with Sections 33 and 34 above, are unconstitutional, null and void. Notwithstanding this judicial pronouncement, gas flaring has continued in our fields.
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5. SUMMARY
By way of summary, we can say that the discussions or lecture in this unit of module 1 has been designed to inform the reader about another source of pollution in the oil and gas industry. This is known as gas flaring. I believe that we have been able to explain the nature of this oil operation process, which has become a contributor to the pollution of our environment. It is also my belief that, together with our discussions in unit 1, 2 and 3, the reader will be in a better position to understand and appreciate, not only the relationship between pollution and the environment generally, but particularly in the oil and gas industry.
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