Nigeria Dragged to ECOWAS Community Court Over GAS Flaring Penalties

PRESS RELEASE
 
Prof. Amos Enabulele, a Nigerian citizen, and the Centre for Community Law, (CfCL) an NGO, have jointly sued the Federal Republic of Nigeria at the ECOWAS Community Court of Justice (CCJ) for the latter’s violation of its international obligations under human rights and environmental treaties through its failure to enforce the prohibition of gas flaring and gas emissions.
In the suit No ECW/CCJ/APP/48/25 dated 22^nd September 2025, Prof. Amos Enabulele, a professor of public international law and citizen of the Federal Republic of Nigeria, and the CfCL are the first and second Applicants/Plaintiffs, while the Federal Republic of Nigeria is the Respondent.
The Applicants are praying the CCJ to determine the “legality of Continuous Gas Flaring in Nigeria in the light of the provisions of articles 4, 5, 14, 16, and 24 of the African Charter on Human and Peoples’ Rights; article 11 and 12 of the International Covenant on Economic, Social and Cultural Rights; Article Il of the African Convention on the Conservation of Nature and Natural Resources; article 24 of the Convention on the Rights of the Child; article 3(1) of the United Nations Framework Convention on Climate Change; Section 22(5) and 24(2) of the Nigeria Climate Change Act (CCA); Section 104 of the Petroleum Industry Act (PIA).
The Second Applicant seeks to promote the realization of the safeguards of ECOWAS laws as guaranteed in article 4(g) of the Revised Treaty of ECOWAS, through the various and earlier highlighted articles.
The Respondent is a major oil producer. In the course of producing oil, gas is flared in its Abia, Akwa Ibom, Anambra, Bayelsa, Delta, Edo, Imo, Kaduna, Lagos, Rivers States, and in various Local Government Areas within the country. The current penalties for gas flaring in Nigeria officially stand at $2 per 1000 standard cubic feet. From this penalty regime, the NUPRC, the Respondent’s agency responsible for collecting and managing the payments, received the sums of N98,548,237,009.00, N70,422,698,758.57, N140,542,799,981.78, N391,264,227,593.46 for 2021, 2022, 2023 and 2024 respectively.
The penalties, notwithstanding, Nigeria, through its agencies (public, private and government entities) is notoriously known for its constant pollution through gas emissions and flaring, which has great health and environmental impacts. This contributes to climate change, poses immediate and far-reaching threat to people and communities and has implications for the full enjoyment of human rights.
In their suit, the Applicants argue that despite the existing statutory and treaty obligations, gas flaring continues in Nigeria, causing severe environmental pollution, health hazards, and destruction of livelihoods, especially in oil-producing communities. And that the Respondent’s inaction in enforcing its own domestic laws (CCA and PIA) and meeting its international commitments reflect a failure to regulate harmful practices under its control.
The Declarations/Orders sought by the Applicants are:
A DECLARATION that the respondent state has a duty of performance under which the breach by a State of its international obligations does not extinguish its underlying duty of performance. States have a continuing duty to perform their obligations despite their breaches thereof.
A DECLARATION that the failure of the Respondent to implement the provisions of the Climate Change Act 2021 and to enforce the prohibitions on gas flaring/emissions under the Petroleum Industry Act 2021 constitutes a violation of the citizens fundamental rights to life, health, dignity, environment and work as guaranteed under regional and international human rights instruments.
A DECLARATION that by reason of relying on the use of penalty as a deterrent for gas flaring, the Nigerian state violates its obligations under human rights and environmental treaties to which it is a party.
A DECLARATION that the host communities alone are entitled to the penalties recovered from gas flaring.
AN ORDER directing the Respondent to immediately commission an independent investigation into the number of active gas flaring sites in Nigeria; the companies involved; the quantity of gas flared and the actual amount of penalties charged, due and or collected.
AN ORDER directing the Respondent to publicly acknowledge its responsibility for the violations referred to in the Application and publicly apologise, in particular to the victims of the gas flaring and for the consequences thereof;
AN ORDER directing the Respondent to take immediate and effective measures to fully implement the Climate Change Act 2021 and to enforce the anti-gas flaring provisions of the Petroleum Industry Act 2021, including the imposition of penalties and regulatory sanctions against defaulting operators.
AN ORDER directing the Respondent to immediately take measures to prepare a comprehensive national study on the health and environmental effects of gas flaring in the short, medium and long term; ensure that the study is widely disseminated and inform the public of measures taken to address the short; medium and long-term negative effects of gas flaring on human health and the environment. And to ensure the provision of medical assistance to victims, including treatment of new symptoms, and in the long-term, illnesses to victims;
AN ORDER directing the Respondent to compel multinational oil companies to comply with environmental protection laws and build a gas infrastructure to preserve or store wasted gas for industrial or domestic uses;
AN ORDER directing the Respondent to immediately put in place an adequate and effective compensation programme for victims of gas flaring;
AN ORDER directing the Respondent to ensure a regular and constant monitoring of multinational oil companies’ activities in terms of health and that defaulting companies should be fined exorbitantly so as to deter them from continuing to engage in gas flaring without investing in redirecting the gas for other uses.
AN ORDER directing the Respondent to provide for the relocation of the communities with close proximity to gas flare site or location less than 4 km, so as to save human life and wellbeing, and to ensure no new gas flaring sites are opened.
AN ORDER directing the Respondent to publish verifiable updates on the progress made towards the achievement of the 2030 gas flaring cessation date by employing all means at its disposal to reduce their GHG emissions by ending gas flaring, including but not limited to mandating multinational oil companies to re-inject associated natural gas into the ground;
AN ORDER directing the Respondent to make reparation by way of the remediation of the environment and the remission of the penalties to host communities.
AN ORDER directing the Respondent make restitution and this may take the form of reconstructing damaged or destroyed infrastructure, and restoring ecosystems and biodiversity.
SUCH FURTHER orders the Honourable Court may deem fit to make in the circumstances of this suit.
 
Prof Amos Enabulele Esq. filed the suit on behalf of the Applicants (the Centre for Community Law, which promotes and protects the rights of ECOWAS citizens and the rule of law within the Community).