The Pilex Centre for Civic Education Initiative (PILEX) has instituted a landmark lawsuit challenging the continued statutory authorisation and regulation of gas flaring in Nigeria under Sections 104 and 107 of the Petroleum Industry Act (PIA) 2021.
The organisation said the suit, filed in the public interest, seeks to protect Nigerians, particularly communities in the Niger Delta, from the health and environmental consequences associated with gas flaring, including air pollution, toxic emissions and climate change.
In a statement issued in Port Harcourt, PILEX said the legal action is premised on the argument that economic development and petroleum exploitation should not come at the expense of human life, dignity and the environmental conditions necessary for safe and healthy living.
According to the organisation, gas flaring releases significant quantities of greenhouse gases and other pollutants into the atmosphere, while communities across the Niger Delta have for decades experienced polluted air, environmental degradation, ecosystem destruction, loss of livelihoods and exposure to hazardous emissions.
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PILEX is asking the court to determine whether provisions of the PIA that permit or facilitate gas flaring are consistent with fundamental rights guaranteed under the 1999 Constitution, particularly the right to life under Section 33 and the right to dignity of the human person under Section 34.
The organisation also raised concerns about the broader implications of gas flaring and other fossil-fuel emissions for climate change, noting that communities are increasingly experiencing extreme rainfall, flooding, displacement, destruction of homes and livelihoods, disease risks and loss of lives.
PILEX cited the devastating 2022 flooding in Nigeria and recurrent flooding across the Niger Delta as examples of the urgency of addressing the environmental and human consequences of activities that contribute to climate change.
It argued that environmental protection should no longer be treated solely as a policy issue, but as a matter of rights, justice and accountability where environmental degradation threatens lives and livelihoods.
The organisation stressed that the lawsuit was not an attack on Nigeria’s petroleum industry, but a call for petroleum exploitation to be carried out within the boundaries of constitutional rights, environmental justice, public health and climate responsibility.
“Development must be sustainable, responsible and consistent with the fundamental rights of the Nigerian people,” PILEX said.
The organisation further maintained that Nigerians have a right to breathe clean air and that communities should not be subjected to unnecessary exposure to toxic pollution.
It also urged the judiciary to provide authoritative guidance on the relationship between petroleum legislation, fundamental human rights, environmental protection and climate change.
According to PILEX, the case presents an opportunity for Nigeria to strengthen its environmental jurisprudence by recognising the direct implications of environmental degradation and climate change for constitutionally protected rights.
The organisation said it would pursue the case in the public interest and called on civil society organisations, environmental defenders, scientists, lawyers, affected communities and young people to follow the proceedings and support efforts towards a clean, safe and sustainable Niger Delta.
PILEX said its position was simple: gas flaring is not merely an environmental issue but also a human rights concern, while climate change is increasingly a question of justice and accountability.
The organisation said it was seeking justice for Niger Delta communities, protection for present generations and a safer climate for future generations.
