A biomedical scientist and a member of the National Registry Environmental Profession, Mr Okparaolu Chioma Chris who is also a practicing lawyer and a human and environmental rights crusader has dragged the Federal Government before a Federal High Court sitting in Port Harcourt for its failure to enforce his fundamental right to physical and mental health as guaranteed under Articles 16 and 24 of the African Charter on Human and Peoples’ Right (ratification and enforcement) act laws of the Federation of Nigeria.
In the supporting affidavit, the lawyer said that the 1st Respondent which is the Federal Government of Nigeria saddled with the responsibility of implementing the human rights provisions captured in the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004 failed in its responsibilities to enforce his physical and mental health rights.
He added that the 2nd Respondent is the chief law officer of the Respondent; responsible for, amongst other functions, advising the Respondent on the implementation and enforcement of treaties and other laws of the land also failed in its responsibilities.
According to him: “Sometime in the month of April 2016, many Nigerians including myself, living in Port Harcourt, began noticing the presence of an airborne particulate now commonly called “black soot” within the city of Port Harcourt and its environs. Black soot then was visible on white clothes spread outside and on the body of cars parked outside and it even increasingly began to affect the paint especially the white colour used in the painting of the houses in Port Harcourt.
“When the emission of the black soot continued unabated and began to be seen in peoples’ living homes and that of myself, I and other residents of Port Harcourt began raising alarm to both the government of Rivers State and the Respondents on the dangerous effects of the black soot. On the heels of the public outcry against the deleterious impact of the black soot, the government of Rivers State, sometime in the month of May 2019, set up a technical committee made up of 20 experts from various inter-disciplinary and relevant fields led by the former honourable Commissioner for Environment, Prof. Roseline Konya to review and implement the recommendations of a scientific workgroup earlier established to investigate the prevalence of black soot in Rivers State.
“The technical committee which had in its team, a consultant physician and dermatologist at the University of Port Harcourt Teaching Hospital, Dr.Dasetima AItraide, had conducted investigative studies into the airborne particulate (soot) and the report stated that illegal bunkering and gas flaring are two major sources of soot in the state. The technical committee reviewed and accepted the report of the scientific report by the technical study team set up by the government of Rivers State earlier on, which had it that following a hospital-based review of records of 22,077 persons, who received medical care for soot related conditions related to black soot. The report noted that the 12 persons who received the health care included women, men and children. The report found based on the risk of analysed pollutant samples of the black soot, heavy metals concentrate found in the soot and measured in the study showed that thousands of people in Rivers State are expected to suffer cancerous and non-cancerous diseases from the soot in the atmosphere”
The affidavit further explained that the predictions by many health professionals are that if nothing is done urgently to stop the soot or reduce the emission to the barest minimum, many residents might experience chronic respiratory diseases, heart problems and an increase in mortality rate. The above predictions of health experts are becoming real as there is widespread news of many people in the state, including myself, who now find it difficult to breathe.
“Apparently, the soot is not discriminatory; it’s not like the sun or rain that inclines on those who are unable to shield themselves, it filters in through locked doors, closed surfaces, into the room, cars and offices, that there is no safe or hiding place from its siege on the state. 1t has been widely reported that top government functionaries, politicians and general persons of affluence in the state have started using M95, a nose mask that filters the air. This mask is very expensive, and is thus, far from my reach and those of other ordinary Rivers people and Nigerians living and doing business in Rivers State. 1t is myself and other poor Nigerians living and doing business in Rivers State who stand the immediate and long term risk of this deadly black soot”.
The lawyer, therefore, is asking the court to declare that he and indeed, other indigenes of Rivers state, Nigerians and all human beings living and resident in Port Harcourt and in Rivers State and its environs are entitled to the best attainable state of physical and mental health, and a general satisfactory environment favourable to their development guaranteed by Articles 16 and 24 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004.
He also asked the court to declare that the act of the Respondents in neglecting several pleas and petitions from the government of Rivers State and her citizens alike, to urgently intervene, stop and/or remedy the hazardous atmospheric condition of Port Harcourt and other neighboring areas/ local governments of Rivers State affected by the dangerous airborne particulate commonly known as “black soot” amounts to a gross violation of his right and indeed that of other indigenes of Rivers state, Nigerians and all human beings living and resident in Port Harcourt and its environs to enjoy safe physical and mental health, general satisfactory environment favourable to their development, and the right to life as guaranteed under Articles 16 and 24 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) respectively.
He further sought AN ORDER of the Court to mandate the respondents to pay him the sum of Five Hundred Million Naira only as damages for the gross violation of his fundamental rights as guaranteed under Article 16 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, and section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) respectively.
“AN ORDER of this Honourable Court mandating a post-judgment sum of ten percent 10% interest rate till same is fully liquidated.
“AN ORDER of this Honourable Court directing the Respondent to immediately take bold and reasonable steps to stop or minimize to the barest minimum the emission of black soot in Rivers State and to begin the process of cleaning the atr space and environment of Rivers State, and for such further order or orders that this Honourable Court may deem fit to make in the circumstances of this case”.
He said the reliefs were sought on the grounds that by;
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By virtue of Article 16 (l) of the African Charter on Human and People’s Right (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004 “Every individual shall have the right to enjoy the best attainable physical and mental health in Nigeria.”
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By virtue of paragraph two (2) of the above-referenced Article, “States parties to the present charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.”
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The Respondents have failed to take necessary steps to protect the Applicant and indeed other indigenes of Rivers State and Nigerians living and/or doing business in Port Harcourt, Rivers State and its environs, from the harmful effects of the dangerous air-bone particulate known as “black
soot.” -
The action of the Respondents contravene the right to life of the Applicant and indeed, other indigenes of Rivers State and Nigerians living and/or doing business in Port Harcourt, Rivers State and its environs as guaranteed under section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
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By virtue of Article 24 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act (CAP A9) Laws of the Federation of Nigeria, 2004, “All peoples shall have the right to a general satisfactory environment favourable to their development,”
