CHAPTER 21: - Rights of all Peoples to Environmental Protection: - Article 24 i. Legal and Judicial Measures  Under section 20 of the Nigerian Constitution, the State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria. More recently, Justice C.V. Nwokorie of the Federal High Court Benin City of Nigeria in Jonah Gbemre v. Shell PDC Ltd and Ors (2005) Suit No. FHC/B/CS/53/05 granted leave to the applicant to institute these proceedings in a representative capacity for himself and for each and every member of the Iweherekan Community in Delta State of Nigeria, and to apply for an order enforcing or securing the enforcement of their fundamental human rights to life and human dignity as provided by sections 33 (1) and 34(1) of the 1999 Constitution of Nigeria, and reinforced by Articles 4, 16 and 24 of the African Charter on Human an Peoples’ Right Cap. A9 Vol. 1, LFN 2004. The Court held that these constitutionally guaranteed rights inevitably includes the rights to clean, poison and pollution-free healthy environment. The Judge further declared that the actions of the respondents (Shell PDC and NNPC) in continuing to flare gas in the course of their oil exploration and production activities in the Applicant’s Community is a violation of their fundamental rights. Furthermore, the judge ruled that the failure of the companies to carry out an Environmental Impact Assessment in the said community concerning the effects of their gas flaring activities is a clear violation of the E.I.A. Act and has contributed to a further violation of the said environmental rights. The judge’s order restrained the respondents from further gas flaring and to take immediate steps to stop the further flaring of gas in the community. That the Attorney General should ensure the speedy amendment, after due consultation with the Federal Executive Council, the Associated Gas ReInjection Act to be in line with Cap.4 of the Constitution on Fundamental Human Rights. But the Judge made no award of damages, costs or compensation whatsoever. This is a landmark judgment in the sense of application of fundamental human rights to an environmental case for the first time in Nigeria, consistent with the trend in other jurisdictions. National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 No. 25, provides for the establishment of the national environmental standards and regulations enforcement agency charged with the responsibilities for the protection and development of the environment in Nigeria; and for related matters Under section 2 of the NESREA Act, the Agency, shall, subject to the provisions of this Act, have responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines. ii. National Policy on Environment, 2016: - The Revised National Policy on education, 2016 was adopted by the Federal Executive Council on February 22 nd 2017. It captures some emerging and critical issues like climate change, coastal erosion, desertification, erosion, pollution and environmental insecurity. The new policy framework put in place a much better opportunity to engage with states, local governments and communities. iii. The OGONILAND Clean-Up Plan-2016 132