Legal Assessment of The Regulatory Framework on Combating Gas Flaring and Fugitive Gas Emissions in Nigeria
Tony A. Francis, Onumbu Nkechi Ann
Abstract
This paper examined gas flaring penalties under Nigeria’s Petroleum Industry Act, 2021, with particular focus on compliance, enforcement, and climate accountability. The paper adopted the doctrinal research method, relying on the analysis of statutes, regulations, case laws, policy documents, and relevant academic literature relating to gas flaring regulation in Nigeria. The paper found that the Petroleum Industry Act significantly improved the legal framework on gas flaring by introducing stricter compliance requirements, higher penalties, mandatory gas utilization plans, and enhanced regulatory powers for monitoring and enforcement. The paper also found that while the PIA established a framework that could support climate accountability, particularly through emission reduction obligations and gas utilization requirements, the absence of strong climate reporting obligations, transparent emissions data, and clear environmental remediation mechanisms limited the effectiveness of the Act in achieving full climate accountability. The paper concluded that the Petroleum Industry Act represented a significant step toward strengthening gas flaring regulation, improving compliance, and promoting environmental protection in Nigeria’s petroleum sector. However, the effectiveness of gas flaring penalties under the Act depended largely on strong enforcement, institutional capacity, transparent monitoring systems, and integration of climate accountability mechanisms into petroleum regulation. Therefore, it was recommended that to improve compliance, the Nigerian Upstream Regulatory Commission and other relevant agencies should invest in advanced real time gas flaring monitoring technologies. Secondly, the Nigerian Upstream Petroleum Regulatory Commission should establish strict timelines for penalty imposition and prevent protracted litigation.
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Keywords
References
* PhD (NAU); LL.M (IBADAN); LLB (RSUST), BL (NLS), Dip. Applied Th. (FBIPH), Senior Lecturer and Coordinator of Postgraduate Programmes, Faculty of Law, Rivers State University, Nkpolu-Oroworukwo, Port Harcourt; Founding Partner of Tony & Legbor Legal Practice and Consultancy, and Managing Partner, Imperial Spring Law & Partners, No. 27 Mbonu Street, D/Line, Port Harcourt, Nigeria. +234(0)8037792125; tonylegbor@gmail.com; tony.francis@ust.edu.ng
** LLB (Igbinedion University), BL (NLS); bestmannkechi@gmail.com.
[1] Petroleum Industry Act is hereinafter referred to as PIA, wherever it appears.
[1] Examples of the repealed petroleum statutes include Petroleum Act, 1969, and Associated Gas Re-injection Act.
[1] Petroleum Industry Act, 2021, ss. 102, 103, and 104.
[1] ibid.
[1]Nigerian Upstream Petroleum Regulatory Commission is hereinafter referred to as NUPRC.
[1] ibid.
[1] PIA, 2021, ss. 102 – 105.
[1] ibid.
[1] F A Anyanwu and Others, ‘Oil and Gas Industries Financing and Financial Performance in Nigeria: The Case of Intelligent Capital Led Model’ [2017] (3) (12) International Journal of Commerce and Management Research 63-73.
[1] ibid
[1] O Elumah ‘Exploring Financing Strategies in Oil and Gas Industry: Lessons from Nigeria’ [2025] (9) (1) Petroleum Business Review 1-12.
[1] Petroleum Industry Act, 2021.
[1] ibid.
[1] E Nangih, E, ‘Financing Mix and Market Potentials of Listed Oil and Gas Firms in Nigeria’ [2021] (2) (1) Journal of Applied Financial Econometrics 15-27.
[1] Associated Gas Reinjection Act is hereinafter referred to as AGRA
[1] E Nangih, E, ‘Financing Mix and Market Potentials of Listed Oil and Gas Firms in Nigeria’ [2021] (2) (1) Journal of Applied Financial Econometrics 15-27.
[1] A Meza and Others, Perspectives and Strategies for LNG Expansion in Qatar: A SWOT Analysis [2022] Energy Policy 10-30
[1] ibid.
[1] https://www.premiumtimesng.com/investigationspecial-reports/913916-investigation-nuprc-fails-to-enforce-nigerias-anti-flaring-law-as-methane-emissions-go-unchecked-2.html, accessed on the 5/11/26.
[1] ibid.
[1] A Frühauf, Mozambique’s LNG revolution: A political risk outlook for the Rovuma LNG Ventures (Oxford Institute for Energy Studies 2023) 1-53
[1] ibid.
[1] N Jorge, N and C Fernando, “Comprehensive Analysis of the Energy Transition in Mozambique: Opportunities and Challenges for Achieving the Established Global Goals’ [2024] (14) Journal of Energy Technology Policy 20-35.
[1] F A Alabi, Offshore Liquefied Natural Gas LNG and Monetization (Offshore Technology Conference, Houston, TX, USA, 2022) 3-25.
[1] (ECW/CCJ/JUD/18/12), judgment of the ECOWAS Community Court of Justice delivered on December 14, 2012, in Ibadan, Nigeria.
[1] Cap A 25 LFN 2004
[1] Petroleum Industry Act 2001
[1] NC Egwu and R Babalola, ‘Nigeria Energy Transition: The Role of Gas in Achieving a Low Carbon Economy’ [2024] Proceedings of the 2nd International Facilities Engineering & Management Conference Exhibition, AGM 72-78.
[1] Algeria Hydrocarbon Law No.13-19, 2019
[1] Section 10, Norwegian Petroleum Act (No. 72 ) of 29 November, 1996
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