Access to Environmental Justice in Nigeria: The Case for a Global Environmental Court of Justice

This report by Friends of the Earth International and Environmental Rights Action/Friends of the Earth Nigeria examines the failure of the Nigerian judicial system to hold transnational oil corporations, specifically Shell, accountable for environmental degradation and human rights violations in the Niger Delta. The authors argue that systemic barriers in national courts—including high costs, strict standing requirements, and corporate stalling tactics—necessitate the establishment of a World Environmental Court with international jurisdiction to ensure environmental justice.

• Transnational oil companies including Shell, Texaco, Chevron, Elf, and Eni operate with corporate impunity in Nigeria's Niger Delta, leading to severe environmental degradation and human rights violations. This is facilitated by a weak state and the collusion between the state and corporations to bypass existing laws.
• Gas flaring has been illegal in Nigeria since January 1984, yet it continues unabated. In 2015, the Nigeria National Petroleum Corporation recorded that 271.38 billion standard cubic feet of gas, valued at US$518.33 million, was flared, despite an official zero gas flaring policy.
• Oil spills are a daily occurrence in the Niger Delta, with over 1,000 spills annually caused by corroded, obsolete pipelines. Between 1976 and 2001, at least 6,817 spills were recorded, with an estimated annual average of 500,000 barrels spilled.
• Environmental pollution has caused severe health and livelihood crises. A 2011 UNEP report found hydrocarbon contamination in soil up to 5 metres deep in areas Shell claimed to have cleaned, and benzene levels in drinking water were 900 times above WHO standards.
• The Nigerian judicial system presents significant barriers to environmental justice, including the 'locus standi' (right to sue) requirement, where plaintiffs must prove a 'sufficient interest' peculiar to themselves rather than a general public interest. Other hurdles include exorbitant legal fees and the burden of proof resting on impoverished victims.
• Corporate entities use legal stalling and the cumbersome nature of the national court system to evade justice. In the case of Ekeremor Zion vs Shell, a final judgment was delayed for over 30 years, and in the Iwherekan community case, Shell has failed to comply with a 2003 court order to stop gas flaring.
• The report concludes that a World Environmental Court (WEC) with international jurisdiction and a binding environmental rights treaty are necessary to hold transnational corporations and their CEOs accountable, as national judiciaries in developing countries often lack independence.

APA

Ojo, G. U., & Tokunbor, N. (2016). Access to Environmental Justice in Nigeria: The Case for a Global Environmental Court of Justice. Friends of the Earth International. https://www.foei.org/wp-content/uploads/2016/10/Environmental-Justice-Nigeria-Shell-English.pdf

Chicago

Ojo, Godwin Uyi, and Nosa Tokunbor. Access to Environmental Justice in Nigeria: The Case for a Global Environmental Court of Justice. Friends of the Earth International, 2016. https://www.foei.org/wp-content/uploads/2016/10/Environmental-Justice-Nigeria-Shell-English.pdf.

Wikipedia

{{cite report |last1=Ojo |first1=Godwin Uyi |last2=Tokunbor |first2=Nosa |title=Access to Environmental Justice in Nigeria: The Case for a Global Environmental Court of Justice |publisher=Friends of the Earth International |date=October 2016 |url=https://www.foei.org/wp-content/uploads/2016/10/Environmental-Justice-Nigeria-Shell-English.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ojo2016access, author = {Ojo, Godwin Uyi and Tokunbor, Nosa}, title = {{Access to Environmental Justice in Nigeria: The Case for a Global Environmental Court of Justice}}, institution = {Friends of the Earth International}, year = {2016}, month = oct, url = {https://www.foei.org/wp-content/uploads/2016/10/Environmental-Justice-Nigeria-Shell-English.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }