AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE CONTROL OF GAS FLARING IN NIGERIA

ABSTRACT

The study examined the legal and institutional framework for combating gas flaring in Nigeria. The study considered the history, function, effect of oil exploratory activities of oil companies in Nigeria having caused gas flaring resulting in loss of lives and properties in the affected communities where gas is flared. The study relied on primary and secondary sources of information. The primary data included statutes and case laws. Statutes such as the constitution of the federal republic of Nigeria (as amended), criminal code violations, conventions and decided cases. The secondary sorces of information used are books, journal, articles, newspaper, reviews and the internet. This study found that more gas is flared in Nigeria than anywhere else in the world. Estimates are notoriously unreliable but roughly 2.5 billion cubic feet of gas associated with crude oil is wasted in this way every day. This is equal to 40 percent of Africa’s natural gas consumption in 2001 while the annual financial loss to Nigeria is about 2.5 billion dollars. The flares have contributed more green houses gases than all subs Saharan Africa combined. And the flares contain a cocktail of toxins that affect the health and livelihood of local communities exposing Niger delta resident to an increased risk of pre mature death, child respiratory illnesses, asthma and Gas flaring have been condemned severally in different countries of the world. The study concluded that there is no specific legal framework that prohibits gas flaring in Nigeria in spite of the environmental problems associated with it. The existing law that appears to regulate gas flaring in Nigeria is not effective as it does not completely prohibit gas flaring but only provide monetary penalties for continued flaring of gas by oil companies in Nigeria. The xix Judiciary therefore appeared to have championed the cause for the abolition of gas flaring in Nigeria.