The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made a historic deviation from the usual trend of seeking monetary compensation by host communities in oil-rich regions in Nigeria. Rather, it seeks to correct regulatory shortcomings which were upheld by the court but never enforced. This article argues that the failure to enforce the judgment of the court is a missed opportunity to strengthen the environmental regulatory framework in the Nigerian oil and gas industry. It further argues that if the judgment had been enforced, it could have contributed to the reduction of the militant activities in the region and also encourages a significant change in the pattern of redress sought by litigants whose communities have been affected by the operations of oil multinational corporations in the region.
African Journal of International and Comparative Law – Edinburgh University Press
Published: May 1, 2019