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VOL. 12, ISSUE 3 (2026)
Are the laws regulating the flaring of gas in Nigeria a negative compromise to the environment
Authors
Esegbuyota Obukata
Abstract
Gas flaring remains a persistent environmental and legal challenge in
Nigeria’s oil and gas industry despite decades of regulatory intervention. This
study examines whether the legal framework governing gas flaring in Nigeria –
particularly the Petroleum Industry Act 2021 and the Flare Gas (Prevention of
Waste and Pollution) Regulation 2018 – constitutes a ‘negative compromise’ that
prioritises industry convenience over environmental protection. Adopting a
doctrinal legal research methodology, the article analyses primary legislation,
regulations, and institutional frameworks alongside secondary literature on
environmental impacts. The findings reveal that while recent legal reforms have
increased flare penalties and established new regulatory bodies, fundamental
weaknesses persist: penalty levels remain economically attractive to oil
companies relative to gas capture costs, exceptions for force majeure and
operational reasons are overly broad, enforcement is inconsistent, and the
non-justiciable nature of constitutional environmental provisions undermines
legal accountability. The study concludes that Nigeria’s gas flaring laws are
indeed a negative compromise – they create an illusion of regulatory stringency
while providing loopholes that perpetuate flaring. It recommends specific
amendments, including: (i) increasing flare penalties to at least the marginal
cost of gas utilisation; (ii) introducing specific performance remedies
requiring environmental remediation; (iii) making the constitutional right to a
healthy environment justiciable; and (iv) mandating public disclosure of flare
volumes and penalty payments. Only such reforms can align Nigeria’s legal
framework with its international climate pledges and the goal of a sustainable
environment.
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Pages:21-25
How to cite this article:
Esegbuyota Obukata "Are the laws regulating the flaring of gas in Nigeria a negative compromise to the environment". International Journal of Law, Vol 12, Issue 3, 2026, Pages 21-25
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