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American Journal of  
Society and Law ( AJSL)

An Examination of  the Legislative Framework on Gas Flaring in Nigeria
Idachaba Martins Ajogwu1*, Ann Ojonugwa Ameh2, Adukwu Glory Ojochegbe3

Volume 1 Issue 1, Year 2022
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Article Information ABSTRACT

Received: September 23, 2022
Accepted: November 10, 2022
Published: November 22, 2022

The rapid development of  the global oil and gas industry has led to an increase in atmo-
spheric emissions which is detrimental to the wider atmosphere. The flaring of  gas during 
oil exploration and production activities alarmingly contributes to the emission of  green-
house gases which contribute to climate change. The enactment of  legislation with adequate 
provisions for reducing and eliminating gas flaring from oil and gas activities cannot be over 
emphasized. Few countries of  the world have successfully eliminated the problem of  gas 
flaring through conservation and the enactment of  adequate legislation which prescribes 
stringent sanctions for defaulters. However, Nigeria is an example of  a country with inade-
quate gas flaring laws. The doctrinal methodology was adopted here in this research. Hence, 
Both primary and secondary sources of  materials were used. This paper examined the effec-
tiveness of  the legal frame work and regulatory regimes on gas flaring in Nigeria with a view 
to determining if  the phase-out of  the problem can be achieved. This paper found out that 
the provisions of  the Associated Gas RE-Injection Act (AGRA) 1979 and its Regulations of  
1984, among other laws, are inadequate for regulating and/or eliminating gas flaring. This 
paper finally recommended developing more effective laws on gas flaring and methods by 
which the gas being flared can be conserved to ensure a clean and healthy environment in 
Nigeria, particularly the Niger-Delta. 

Keywords
Legislative Framework, Gas 
Flaring, AGRA

1 Faculty of  Law, Kogi State University, Anyigba, Nigeria
2 Faculty of  Law, Salem University, Lokoja, Nigeria
3 Pneuma and Law, MKK Plaza, Gudu, Abuja, Nigeria
* Corresponding author’s e-mail: idachabamartins1@gmail.com 

INTRODUCTION
Throughout the ages, human societies have altered 
local ecosystems and modified the climate of  the areas 
they inhabited by their various activities. Relentless 
population pressure in all the continents of  the world 
has made this impact global in nature. This has resulted 
in global, agricultural and industrial human activities, 
leading to high emissions of  polyatomic molecules into 
the atmosphere. Consequently, these emissions have an 
adverse effect on the earth’s climate and have become an 
issue of  international concern in the past few decades.
Atmospheric emissions take place at all stages of  oil and 
gas industry activities. (A Y Tayo, 2020).However the 
continuous flaring of  gas to eliminate oil-associated gas is 
a common practice worldwide. The reasons why this gas is 
flared include: limited access to international gas markets 
as well as weak local markets to commercialize the gas; 
lack of  funding to put in place the necessary infrastructure 
to use the associated gas; and an undeveloped regulatory 
framework for using that gas. (GGFR report, 2020). 

Ownership and Disposition of  Oil and Gas Rights 
in Nigeria
Regarding ownership of  oil and gas rights, Nigeria 
has no private ownership of  natural resources. (I T 
Odumosu, 2006-2007) All oil and gas rights vests in the 
state that is the Federal government.  The Petroleum 
Act,9  the governing statute on petroleum exploration 
and development in Nigeria, vests the ownership and 
control of  all ‘petroleum’ in, under or upon any lands in 
the State.10  
The word ‘petroleum’ is defined in section 15 of  the Act 
to include: “mineral oil (or any related hydrocarbon) or 

natural gas as it exists in its natural state in strata.”11 In 
addition, the Federal Government disposes of  oil and 
gas resources through concessions and several types of  
contracts and agreements. (Y Omorogbe, 1997). These 
include the Joint venture (JV) contracts and production-
sharing contracts (PSCs). Each type of  oil production 
contract has the capacity to affect the volume of  flared 
gas through the provisions relating to the rights and 
obligations of  operators and Governments in relation to 
associated gas. (G Franz et al 2004). 
Under the Petroleum Act, the Government grants 
concessions to operators in the form of  Oil Mining 
Leases (herein after referred to as OMLs). The procedure 
for obtaining the OML involves the granting of  several 
levels of  licenses in the following order Oil Exploration 
License (OEL), Oil Prospecting License (OPL), and the 
OML.  It should be noted that the OML is the largest oil 
and gas right that oil companies can acquire in Nigeria. 
The Federal Government, through the Nigerian National 
Petroleum Corporation (NNPC), typically acquires a 
60 percent participation interest in companies’ OMLs 
through the JV, which is the most common form of  oil 
and gas agreement in Nigeria.(S A Khan, 1994).
Companies incorporated in Nigeria which already hold 
an Oil Prospecting License are entitled to the grant by 
the Minister of  a renewable 20 (twenty) year Oil Mining 
Lease upon discovery of   oil in commercial quantities and 
compliance with all conditions imposed on the lessee is 
made pursuant to the Petroleum Act. (A Gbite, 2000). 
Such conditions include the right of  the Government to 
take associated gas produced by the lessee free of  cost 
at the flare or at an agreed cost without the   payment 
of   royalty and to pay royalties ,rents and taxes due and 

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payable in respect of  the lease and on the gas produced 
within the concession. 
However, it would appear that concessions are not 
exclusively granted for natural gas production but are 
granted to MNCs for exploration and production of  
crude oil. Given the abundance of  Nigeria’s natural gas 
reserves and the scandalous levels of  associated gas 
flared, it is unlikely that any lease would be granted in 
the medium term for non - associated gas assets.  On the 
other hand, it appears that the nature of  the Nigerian 
Government’s agreements with MNCs has a major 
impact on its regulatory effectiveness. 
Indeed, it has been argued that due to the NNPC’s JV 
participation, any regulation would be a regulation of  the 
NNPC, which is an agency of  the Nigerian Government.24 

Thus, this raises questions of  institutional bias and lack 
of  independence on the regulatory effectiveness of  the 
Nigerian government with respect to the oil and gas 
production. 
In addition, it further raises a probable argument that 
NNPC’s participation in each JV implies that it bears the 
responsibility for flaring about 60 percent of  all gas flared 
in fields covered by JVs in the country. However, the JV 
agreements designate the companies, and not the NNPC, 
as operators, so it would appear that the companies are 
responsible for gas flaring in Nigeria. It is suggested 
that Odumosu’s argument is correct as it appears that 
the problem of  gas flaring would be addressed more 
expediently if  the parties that is the operators and 
companies (MNCs) who are complicit in carrying out the 
gas flaring in Nigeria via OMLs should be made to face 
stringent sanctions and penalties.
Thus, a key component of  the Nigerian government’s 
strategy for reducing Nigeria’s massive associated gas 
flaring level is through the enactment of  legislation to 
encourage such oil producing companies to develop 
programs for the utilization of  associated and non- 
associated gas. (T A Yusuf, 2020). Examinations of  the 
existing gas flaring legislation and the effectiveness or 
otherwise of  the accompanying sanctions are carried out 
below.

Legislation On Gas Flaring In Nigeria
The Nigerian Government has been fashioning out 
ways of  bringing an end to gas flaring so as to harness 
the Country’s abundant gas reserve. Consequently, the 
Federal Government is implementing policies that would 
reduce gas flaring by stimulating domestic gas utilization. 
In a similar vein, legislation is also put together to address 
this all important issue. Some of  the legislation would be 
discussed below:

The Petroleum Act (PA) 2004 and the Petroleum 
(Drilling and Production) Regulations 1969
The Petroleum Act and the Petroleum (Drilling and 
Production) Regulations (PDPR) 1969 are the two main 
statutes generally regulating the Nigerian petroleum 
exploration and production (E &P) sector. Section 9 

(1) (b) (iii) of  the Act empowers the Minister to make 
regulations providing for matters relating to licenses, 
including pollution of  the atmosphere. Indeed, gas 
flaring could be implied into the words “pollution 
of  the atmosphere” as it is a source of  atmospheric 
pollution. Nevertheless, no other specific provisions on 
gas utilization exist anywhere under the Petroleum Act.
However, Regulation 42 of  the PDPR requires licensees 
or lessees (i.e. oil producing companies) to:
“ Not later than five years after the commencement of  
Production submit to the Minister, any feasibility study, 
Programme or proposal...for the utilization of  any natural 
gas, whether associated with oil or not, which has been 
discovered in any relevant area.”
This was the first major move by the Nigerian State at that 
time to halt gas flaring in the country by the then military 
head of  State, General Yakubu Gowon. (B Nnimmo, 
2008)However, this legislation was inherently flawed as 
it made no provision for sanctions (I M Garba, 2008) on 
the licensees or lessees in the event of  non-compliance. 
The absence of  sanctions rendered the legislation 
ineffective in every sense, an example of  a pattern which 
the majority of  Nigerian oil and gas legislation follows. In 
view of  the fact that the licensees/lessees had paid little 
or no attention to the 5year deadline and had nothing on 
ground to utilize the natural gas, (Nigerian Gas Flaring 
Fact Sheet, 2020). the government was forced to shift the 
deadline to 1979. That same year, the Associated Gas Re-
Injection Act No. 99 of  1979 was promulgated.

Associated Gas Re-injection (Continued Flaring of  
Gas) Regulations 1984
The major statute addressing gas flaring reduction in 
Nigeria is the Associated Gas Re-injection Act (AGRA) 
1979. This Act was promulgated ostensibly to fill the 
vacuum left by the Petroleum Act and its Regulations.(I M 
Garba, 2008). Essentially, the Act is aimed at compelling 
every oil and gas producing company in Nigeria to submit 
preliminary programmes and implementation plans for 
gas re-injection. The AGRA applies to all associated gas 
in lands as defined in section 1 of  the Petroleum Act  and 
the Exclusive Economic Zone of  Nigeria. Section 1 of  
the AGRA States that notwithstanding the provisions of  
Regulation 42 of  the PDPR  made under the Petroleum 
Act, all oil and gas producing companies in Nigeria shall 
submit a preliminary program to the Minister providing 
schemes for the viable utilization of  all associated gas and 
projects to re-inject all non-associated gas not later than 
1 April 1980.
However, the Act further required that not later than 1st 
October, 1980, every  oil and gas producing company 
in Nigeria should submit to the Minister, detailed 
programmes and plans for either the implementation of  
programmes relating to the re-injection of  all produced 
associated gas or schemes for viable utilization of  all 
produced associated gas. The wordings of  the above 
provisions appeared to compulsorily mandate oil and gas 
producing companies to submit such programs, plans 

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and schemes between April and October 1980. Thus, it 
is surprising that the same Act empowers the Minister to 
issue a certificate of  exemption to oil and gas producing 
companies exempting them from the provisions of  
AGRA where gas re-injection is inappropriate or not 
feasible, subject to any conditions that he may impose 
at his discretion. Such certificate of  exemption could 
also permit such company to continue flaring gas if  
the company pays a particular sum prescribed at the 
discretion of  the Minister for every 28.317 standard cubic 
metre (SCM) of  gas flared. One would have expected the 
Nigerian Government to stipulate exactly how much 
such company would be liable to pay if  it is permitted 
to continue flaring gas, to buttress the seriousness of  the 
consequences of  gas flaring. This is one example of  a 
loophole contained in the AGRA.
Interestingly, Section 3(1) of  the Act prohibited flaring of  
gas by oil and gas producing companies after 1 January 
1984 without the written permission of  the Minister 
for Petroleum Resources. Continued flaring of  gas after 
1 January 1984 constituted an offence. The penalty for 
such offence was forfeiture of  the concessions granted 
to licensee/lessee in the particular field (s) in which the 
offence was committed or repair or restoration of  any 
reservoir in the field in accordance with good oil-field 
practice. Arguably, the AGRA does have a permanent 
plan to stop the flaring of  Gas in Nigeria given the 
conditions set out in section 1 of  the Associated Gas 
Re-Injection (Continued Flaring of  Gas) Regulations 
1984 but contains no provisions on payable fines for 
continuous gas flaring. (B E Umukoro, 2020).
The Associated Gas Re-Injection (Continued Flaring 
of  Gas) Regulations (“AGRA Regulations) of  1984 was 
made pursuant to the AGRA and amends the AGRA. The 
conditions set out in section 1 of  the AGRA Regulations 
are to the effect that the Minister is empowered to 
issue a certificate for the continuation of  flaring of  gas 
in particular field (s), if  one or more of  the following 
conditions are satisfied:

(a) Where more than 75 percent of  the produced gas is 
effectively utilized or conserved;

b) Where the produced gas contains more than fifteen 
percent impurities, 

such as N2, H2S, CO2, etc., this renders the gas 
unsuitable for industrial purposes;

(c) Where an on-going utilization programme is 
interrupted by equipment failure, etc.
The implication of  this is that the Minister shall continue 
to permit the flaring of  gas in Nigeria as long as a desiring 
oil and gas producing company satisfies one or more 
of  the above conditions. This by extension reveals the 
unwillingness of  the government to stop gas flaring.
However, the limited exemptions for flaring set out 
in section 1 of  the AGRA Regulations was further 
strengthened in 1985 with another amendment which 
fixed a fine of  2 Kobo (equivalent to US$.0009) against 
the oil companies for each 1000 standard cubic feet 
(SCF) of  gas flared. This amount was regarded as being 

too meager, even at a time when the Nigerian Naira still 
possessed great value, and thus the fine didn’t provide any 
incentive to induce the companies to reduce flaring.
These fines were later raised in January 1998 to 10 
Naira (US$11) for every 1000 SCF of  gas flared. This 
ridiculously low fine for flaring gas by oil producing 
companies did little or nothing to them as it was cheaper 
for the oil companies to pay the penalty than build a facility 
to collect and transport the gas flared for alternative use 
as a fuel or for electricity generation.(T A Yusuf, 2020).
From the above, we see a trend in the deadlines which the 
Nigerian Government has set to stop gas flaring. The first 
deadline was set in 1969 and the next deadline was next 
set by the Government in 1984(that is 15 years after the 
first deadline of  1969 was fixed!). These deadlines were 
never respected by oil and gas producing companies and 
the Government has resorted to shifting them according 
to the pleasure of  the MNCs through executive orders 
embedded in speeches and remarks and without any 
backing by law. (S Akanimo, 2020)
Thus, in response to international and local pressure, 
the Federal Government of  Nigeria pledged to halt gas 
flares in Nigeria and set January 1, 2008 as its “flare-
out” deadline. This deadline was not to be actualized as 
President Umaru Yar’Adua shifted the deadline for gas 
flaring from January 1, 2008 to December 31, 2008 at the 
International Gas Stakeholders Forum, Abuja, Nigeria in 
November 2007 despite the clamour of  Nigerians and 
citizens of  the world that gas flaring should be stopped at 
the close of  2007.
This continuous shift in deadlines by the Federal 
Government of  Nigeria shows the lackadaisical attitude 
of  the Government towards phasing-out gas flaring 
completely from Nigeria. This is surprising in view 
of  the harmful effects which gas flaring subjects the 
environment and health of  Nigerian citizens. Bassey54 
aptly summarizes the situation when he describes the 
MNCs and the Nigerian government as “the players as 
well as the umpires in the game of  gas flaring who can 
freely shift the goalposts as they please. (B Nnimmo, 
2008).  

The Federal Environmental Protection (FEPA) Act 
1988
The Federal Environmental Protection Agency (FEPA) 
Act 1988 is arguably the most comprehensive framework 
legislation for environmental protection in Nigeria. The 
Act incorporated most of  Nigeria’s national commitments 
under the UNFCCC and other multilateral environmental 
agreements (MEAs).(I M Garba, 2008). The Act also 
incorporated most of  the government’s policy and 
commitments on environmental management enshrined 
in the National Policy of  Environment (NPE) which 
was launched on 27th November 1989. One of  the policy 
goals enshrined in the NPE is to secure for all Nigerians 
a quality of  environment adequate for their health and 
well-being. (National Policy on the Environment, 2008).
The Environmental Protection Agency (FEPA), duties 

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include, inter alia, rendering advice to the Federal Military 
Government on national environmental policies and 
priorities and scientific and technological activities 
affecting the environment.  The FEPA Act was amended 
by an Amendment Act of  199261 and by virtue of  
section 17 of  that Act, which is headed “Air quality and 
Atmospheric protection” FEPA is empowered to:
Establish more criteria, guidelines, specifications and 
standards to protect and enhance the quality of  Nigeria’s 
air resources and to promote the public health or welfare 
and the normal development and productive capacity of  
the nation’s human, animal or plant life. 
This provision includes establishing minimum essential 
air quality standards for human, animal or plant health, 
the control of  concentration of  substances in the air 
which may result in damages or deterioration of  property 
of  human, animal or plant health, prevent and combat 
various forms of  atmospheric pollution,65 and the 
employment of  all appropriate means to reduce emissions 
to permissible levels. 
The weakness inherent in this Act is that there is no 
specific reference made to air pollution arising from 
gas flaring. Considering that the FEPA Act was the 
principal framework legislation in Nigeria at the time, it is 
surprising that the military government at the time did not 
contemplate the problem of  gas flaring and make specific 
provisions to that effect within the Act. It could be argued 
therefore that the FEPA Act merely contemplates such 
air pollution like emissions from automobiles, factories 
and power generating plants in its bid to ensure air quality.
(B E Umukoro, 2020).
However, following a re-structuring programme by the 
Nigerian government in 1999, FEPA was upgraded 
to a full-fledged federal ministry called the Federal 
Ministry of  Environment (FMENV). The FMENV was 
established as the apex authority on the Environment and 
assumed the responsibilities of  the then FEPA.(FMENV, 
1999). The instrument which set up the FMENV also 
transferred to it the Oil and Gas Pollution Control Unit 
of  the Department of  Petroleum Resources (DPR). In 
addition, the FMENV in response to current demands of  
Nigeria’s international obligations, and in accordance with 
NPE, drafted the National Environmental Management 
Act (NEM Act), which, inter alia, incorporated the 
current government policy on gas flaring elimination, 
and the utilization of  Nigeria’s gas resources. The role of  
the DPR and its attempt to stop gas flaring is examined 
below.

Environmental Guidelines and Standards for the 
Petroleum Industry in Nigeria (EGASPIN) 1991
The Petroleum Act, 1969 empowers the Minister 
of  Petroleum Resources to make regulations for 
the prevention of  pollution of  water courses and 
the atmosphere. These regulations made include the 
Petroleum Regulations 1967, the Petroleum (Drilling and 
Production) Regulations 1969 and the Oil in Navigable 
Waters Act 1968. The regulations authorize the issue 

of  licenses/permits and establishment of  guidelines, 
standards and procedures for environmental control.
EGASPIN was made by the Department of  Petroleum 
Resources pursuant to the provisions of  these regulations. 
The DPR is responsible for administering and ensuring 
that Multi-National Companies (MNC) complies with 
the provisions of  EGASPIN. One of  the objectives of  
EGASPIN is to “establish Guidelines and Standards for 
the Environmental Quality Control of  the Petroleum 
Industry taking into account existing local conditions and 
planned monitoring programmes.”
Part III, Paragraph 3.8.8 of  EGASPIN reiterates the 
AGRA provisions that gas flaring is prohibited. However, 
EGASPIN goes further to set some conditions should 
the licensee/operator “be constrained to flare gas”These 
conditions are to the effect that:

a. An appropriate waiver and a permit to flare the gas 
must be issued by the DPR

b. The flared gas should attract an appropriate fine for 
every SCF flared in accordance with existing laws;

c. Pre-treated ‘clean’ gas shall be burnt and the flare 
shall be luminous and bright to show complete smokeless 
combustion at operating gas flow rate;

d. The allowable heat radiation at ground level is 6.3 
kw/m2 during maximum flaring at a distance of  60m 
from the base of  the flare;

e. A maximum sterilized approach distance of  60 
metres radius, measured from the base of  the stack shall 
be maintained. No other equipment except that related to 
the flare itself  shall be located within this area.

f. The noise levels for unprotected ears at 60m radius 
from the flare stack shall be well within the threshold of  
pain (80-100dBA);

g. Purging of  the flare headers shall be designed to 
minimize emissions to air, by considering e.g. a closed 
loop hydrocarbon purge gas system or use of  nitrogen 
gas as purge gas; and

h. Relief  valves, blow down valves and control valves 
to flare shall be closed during service and leakages 
minimized. Failure to comply with the conditions set 
out above constitutes an offence and a body corporate 
or MNC, its directors and/or relevant management staff  
shall be liable to fine, imprisonment and/or revocation of  
their license/permit.
These provisions of  EGASPIN are indeed laudable as 
they refer specifically to gas flaring and take into account 
the health and safety aspects and sets environmental 
standards. However, the ineffectiveness of  EGASPIN 
lies in the lack of  capacity/manpower in enforcing these 
standards for gaseous emissions from E&P. Most MNCs 
situate the flare stacks right within metres of  residential 
communities in the Niger Delta and there is insufficient 
manpower to compel them to desist from such.  
Indeed, it is still quite common to see women drying ‘garri’ 
and fish  at flare sites, bearing the searing heat of  the gas 
flares, despite the fact that EGASPIN sets a ‘maximized 
sterilized approach distance of  60metres radius’ which 
should be maintained from the base of  the stack.” This 

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practice of  frying this garri is likely to be continued for a 
while until the Federal government addresses the issue of  
capacity within the DPR.
In accordance with the provisions of  EGASPIN, the 
Guidelines were reviewed late in 1998, and again in 
2002, 11 years after it was first established. In spite of  
this revision, no further additions were made to the issue 
of  gas flaring within the Guidelines. It is hoped that 
further amendments to these Guidelines will herald more 
effective provisions empowering the DPR to impose 
penalties on MNCs who do not comply with standards 
set within the Guidelines.

Environmental Impact Assessment (EIA) Act 1992
The Environmental Impact Assessment Act (EIA Act) 
1992, commenced on 10December 1992. It is geared 
towards, inter alia, encouraging the development of  
procedures for information exchange, notification and 
consultation between organs and persons when proposed 
activities are likely to have significant environmental 
effects on boundary or trans-state or on the environment 
of  bordering towns and villages. 
The Act requires the public and private sector of  the 
nation’s economy to carry out environmental impact 
assessments (EIAs) ‘where the extent, nature or 
location of  a proposed activity is such that it is likely 
to significantly affect the environment.’ Interestingly, an 
EIA is compulsory where a public or private institution or 
agency intends to develop oil and gas fields, construct oil 
refineries, pipelines and oil and gas separation, processing 
and storage facilities.
Accordingly, since the flaring of  gas occurs during oil and 
gas fields development and oil and gas separation, it would 
appear that carrying out of  EIAs are mandatory before 
gas can be flared anywhere in Nigeria. Additionally, the 
EIA Act requires that before an EIA is to be carried out, 
certain factors should be taken into consideration namely; 
the cumulative environmental effects of  the project, the 
significance of  the project, comments concerning those 
effects received from the public, and measures which 
are technically and economically feasible and that would 
mitigate any significant or serious s adverse environmental 
effects of  the project.
These provisions are laudable as the environmental and 
socio-economic effects of  a project like gas flaring is taken 
into consideration under the Act, considering the fact that 
gas flaring has deleterious effects on the environment. 
FEPA is the competent authority responsible for the 
administration of  the EIA Act and works in conjunction 
with the Ministry of  Petroleum Resources (MPR). In fact, 
in 1994, FEPA published a document titled EIA Guidelines 
for Exploration and Production Projects (E&P) Projects. 
It requires that mitigating measures to preserve air quality 
must specifically include the minimization of  venting (of  
gas) during production.(Gas Flaring in Nigeria, report 
2022). So, from the provisions of  the EIA Act, it appears 
that the flaring of  gas by MNCs can only be done subject 
to carrying out an EIA which is to be monitored by both 

FEPA and the MPR. However, this dual role played by 
both agencies in enforcing the provisions of  the Act has 
led to jurisdictional conflicts between both regulatory 
agencies and thus, resulted in an inadequate monitoring 
of  EIA procedures. The officers of  the regulatory agency 
lack the requisite expertise and equipment to determine 
the economic and environmental feasibility of  a gas flaring 
project and there is the absence of  requisite manpower to 
monitor the adequacy of  the EIA procedures submitted 
by the MNCs. Thus, the EIA Act is instrumental to the 
elimination of  gas flaring if  properly enforced as the 
requirements of  compulsory EIAs for gas flaring is one 
way in which the problem can be gradually phased-out.

Niger Delta Development Commission (NDDC) 
Act 2004
The Niger Delta Development Commission Act (“NDDC 
Act”) was established by the Federal Government in 2000, 
in sensitivity to the plight of  oil producing communities 
in the Niger Delta. The Act also establishes the Niger 
Delta Development Commission (the “Commission”). 
The Commission is empowered to, inter alia; tackle the 
“environmental problems that arise from the exploration 
of  oil mineral in the Niger Delta area and the giving of  
advice to the Federal Government and the member States 
on the prevention and control of  oil spillage, gas flaring 
and environmental pollution.” 

In view of  the fact that the Niger Delta people of  
Nigeria are most affected by gas flaring, this Act and 
the establishment of  a Commission to that effect was 
hailed as a welcome development. However, instead of  
alleviating the environmental and health problems of  the 
people of  that region as a result of  gas flaring and other 
E&P activities, the Commission is blatantly nonchalant 
and has not even begun implementing the provisions of  
the NDDC Act in full in the Niger Delta over 15 years 
after its establishment! This is as a result of  corruption 
within the Commission and a blatant disinterest by the 
government on activities relating to the environment.

Existing Gas Projects In The Country Aimed At 
Phasing Out Gas Flaring
With a view to phasing out gas flaring in Nigeria, the 
government has also invested in various gas utilization 
projects aimed at absorbing flared gas. Some of  these 
projects will be examined below:

The Nigeria Liquefied Natural Gas (NLNG)
The Nigerian Liquefied Natural Gas (NLNG) Project 
is located in Bonny Island in the Southern part of  the 
country and is the single largest natural gas utilization 
project in Nigeria. The project is jointly owned by Agip 
(10.4%), the NNPC (49%), Shell (25.6%) and Total 
FinaElf  (15%).(J A Sonibare & F A Akeredolu, 2020).
The objective of  the project is to transport associated and 
non-associated gas by pipelines to a liquefaction plant on 
Bonny Island.(A Christiansen & T Haugland, 2020). At 
the plant, natural gas is processed to remove water and 

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carbon dioxide. The processed LNG, which is a blend 
of  lighter hydrocarbons with methane as the primary 
component, is then shipped to markets in Europe and 
the US. This shipment to Europe and the US marked the 
beginning of  Trains 1 and 2 of  the $3.8 billion project. 
Thus the project includes a three-train liquefaction plant, 
a 218km gas pipeline system, associated gas utilities, 
storage and loading facilities as well as other infrastructure 
investments. The project was set up  to serve the Nigerian 
domestic market and it is estimated that the project serves 
to increase gas supplies to about 870 million SCF per day 
with associated gas as the primary supply.
In comparison, Shell Petroleum Development Company’s 
(“Shell”) flared gas amounted to 19, 925 million Sm3/d in 
1999 while the total volume of  gas being flared in 1998 
in Nigeria was about 57 million Sm3/d or about twice 
the size of  the NLNG Project.  Thus, it appears that  the 
NLNG project will utilize a huge amount of  AG and 
when a third liquefaction  train becomes fully operational 
or other additional production trains are established, the 
project will mop up about 45 percent of  the AG currently 
being flared in Nigeria and decrease the amount being 
flared by 60 percent.  Indeed, time will tell if  this project 
is effective in the fight to phase-out gas flaring in Nigeria.

The Escravos Gas Project
This project is owned by joint venture between NNPC 
(60%) and Chevron-Texaco (40%). In September 
1997, Chevron Nigeria Limited (“Chevron”) started 
the processing of  previously flared gas into natural 
gas liquids (NGL) and associated liquefied petroleum 
gases (LPG) and condensate at its Escravos Gas Plant. 
(H Torlief, 2020). The first phase of  the Escravos Gas 
Project (EGP1) started in September 1997. 
It processes 165 million SCF/d of  associated natural gas 
from offshore fields in the Western Niger Delta which 
is supplied to domestic market by pipeline. (I M Garba, 
2008). EGP2, the project’s second phase began operations 
in late 2000 and processes an additional 135 million 
SCF/d. This second phase aims to sell conditioned gas 
to regional markets via the West African Gas Pipeline 
Project (WAGPP), which is examined below. In addition, 
EGP3 was launched on September 8, 2000, serving as a 
feedstock for Chevron’s Gas to Liquid (GTL) plant aimed 
at extracting NGL and preparing it for use in a GTL plant 
adjacent to the gas processing plant.  
The 3rd phase was expected to have been completed 
(Chevron report, 2020). but due to community 
complaints over the unemployment of  local residents to 
work at the facility, the new completion date was moved 
to 2009.(Fayzeh report, 2020). However, the three phases 
are expected to be completed in 2010 with estimated 
startup date of  the entire project put at 2013 by Chevron.
(chevron report, 2009).
With the completion of  the 3 phases of  these projects 
and the GTL projects the EGP will have the capacity to 
process more than 19 million Sm3/d of  associated gas per 
year. Ultimately, this means that Chevron will not only have 

developed plans to eliminate routine gas flaring from its 
operations, but also taken steps towards commercializing 
Nigeria’s natural gas resources.(Gasandoil, 2020).

United Nations Environmental Programme (Ogoni 
Cleanup Exercise)
Covering around 1,000 km2 in Rivers State, southern 
Nigeria, Ogoni land has been the major site of  oil 
industry operations since the late 1950s. Ogoni land has a 
tragic history of  pollution from oil spills and oil well fires, 
although no systematic scientific information has been 
available about the ensuing contamination. Studies by 
the United Nations Environment Programme (UNEP) 
reveals the nature and extent of  oil contamination in 
Ogoni land. The Environmental Assessment of  Ogoni 
land covers contaminated land, groundwater, surface 
water, sediment, vegetation, air pollution, public health, 
industry practices and institutional issues.
The UNEP project team(UNEP report, 2011) surveyed 
122 km of  pipeline rights of  way and visited all oil spill 
sites, oil wells and other oil-related facilities in Ogoni 
land, including decommissioned and abandoned facilities, 
that were known and accessible to UNEP during the 
fieldwork period, based on information provided by the 
Government regulators, Shell Petroleum Development 
Company (Nigeria) Ltd (SPDC) and community 
members. Undoubtedly, the revenue derived from oil and 
gas industry in Nigeria has contributed immensely to its 
economy. However, the problem of  gas flaring still exists 
despite plethora of  legislation.
 It has been identified that legislation on gas flaring 
should be further strengthened to tackle the problem. 
Hence, this research highlights the need for the Nigerian 
Government to enact and or amend existing legislation 
on gas flaring in Nigeria in order to effectively eradicate 
gas flaring in the country. In view of  the existing gas 
flaring regulations in Nigeria and the various gas projects 
in the country, it appears that the complete phasing-out 
of  gas flaring in Nigeria could become a reality in the very 
near future. 
It is recommended therefore that the existing Nigerian 
legislation on gas flaring should be revised, with a view 
to inserting strict and realistic sanctions which could 
deter Multinational Corporations or Companies (MNCs) 
from further flaring of  gas. It is recommended that the 
Gas Flaring (Prohibition and Punishment) Bill 2020 shall 
regulate gas production, transportation and distribution 
as well as stringent penalties and conditions on flaring.
In order to reduce the amount of  gas being flared, 
the Government should actively mandate each Multi-
National Companies (MNCs), operating in Nigeria to 
submit an Environmental Impact Assessments (EIAs) 
report before they can be allowed to flare gas. This can 
effectively be achieved by the engagement of  DPR and 
NESREA professional and technical expertise of  these 
agencies in conducting regular inspections of  gas flaring 
sites to determine if  flaring should continue there or not, 
and also to assess the validity of  EIAs submitted by this 

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Am. J. Soc. L. 1(1) 31-38, 2022

MNCs.

CONCLUSION
The Government can adopt the multi-stakeholder approach 
in solving the problem of  gas flaring. Presently in Nigeria, 
various environmental non-governmental organizations 
(NGOs) like Friends of  the Earth International (FOEI) 
have brought the issue of  phasing-out gas flaring to the 
forefront of  the Nigerian Government’s tasks. These 
NGOs are constantly convening meetings with the 
Government on the issue in a representative capacity for 
the people of  the oil-producing communities. Therefore, 
should the Government include public participation 
as one of  its goals in resolving the problem, it will not 
only be seen as justice to the residents of  the Niger 
Delta, it will also give the citizens the opportunity to 
contest and express their views on the effects of  the 
activities of  the Government and oil companies to their 
livelihood under the appropriate legal machinery. Thus, 
public participation forums on gas flaring should include 
NGOs, the Government, regulatory agencies concerned 
citizens of  Nigeria, lawyers, residents who have been 
living proximate to the gas flares for the past 70 years and 
interpreters who can translate the proceedings into clear 
language for those residents who may not understand the 
language used in the proceedings.

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