Institutional and Legal Control of Gas Flaring in the Niger Delta Region of Nigeria
Keywords:Gas Flaring, Environment, Environmental challenges, Applicable laws, Regulatory Institutions
The emission of â€œgreenhouse gasesâ€ into the air has adverse effects on the environment. This study examines the effects of gas flaring on the Niger Delta Region of Nigeria. It analyses the institutional and legal framework that prevents gas flaring in the region. The paper appraises the effectiveness of the existing laws on gas flaring with a view to suggest viable means of reviewing the laws.
The study found that continuous flaring of gas in the region over the last forty years has adversely bring about health challenges, climate change and loss of income in the region in particular and Nigeria as a whole. The study also found that the laws are too many and ineffective and that the regulatory institutions lack the necessary authority for their enforcement. The paper concludes that basic human rights can only be enjoyed in a pollution free environment. The paper therefore recommends amongst other that applicable laws should be amended, harmonized and domesticated where necessary.
The study relies on primary and secondary sources of information like Constitution, Constitutional documents, Statutes, Judicial precedents, International Conventions and Treaties, Books, Journals and Internet materials. The information obtained through these sources was subjected to content analysis.
Abdulkadir, B. A., and Yusuf, Z. D. â€˜An Evaluation of the Institutional Frameworks on Environmental Protection in Nigeria: Promises and Challengesâ€™, (2014) 4 1 Journal of Private and Property Law (JPPL).
Aghalino, S.O. â€˜Gas Flaring, Environmental Pollution and Abatement Measures in Nigeria 1969-2001â€™, (2009) 11 4 Journal of Sustainable Development in Africa.
Eregha P.B and Irughe I.A. â€˜Oil Induced Environmental Degradation in the Nigeria's Niger-Deltaâ€™, (2009) 11 Journal of Sustainable Development in Africa.
Ukala, E. â€˜Gas Flaring in Nigeriaâ€™s Niger Delta: Failed Promises and Reviving Community Voicesâ€™, Journal of Energy, Climate and Environment.
GAS, Global Gas Flaring Reduction Initiative: Report No. 3: Regulation of Associated Gas Flaring and Venting â€“ A Global Overview and Lessons, (World Bank, March 2004).
Ikein, A. A. The Impact of Oil on a Developing Country: The Case of Nigeria. (New York: Praeger,1990).
Ikein, C. R. Shell Shocked: The Environmental and Social Costs of Living With Shell in Nigeria
Ladan, M.T. Materials and Cases on Public International Law, (2007).
Omeje, K High Stakes and Stakeholders-Oil Conflict and Security in Nigeria, (2006)
Robinson, D.Ogoni: The Struggle Continues (Geneva: World Council of Churches, 1996)
Uyigue, E. and Agho, M. Coping with Climate Change and Environmental Degradation in the Niger Delta of Southern Nigeria, (CREDC, 2007).
Akaakar, F. O. (1999) â€˜The Law and Natural Gas Development in Nigeria,â€™ in Natural Gas: The Energy for the Next Millennium. Proceeding of the 29th Annual Conference of the Nigeria Society of Chemical Engineers.
Bassey, N. (2008) Gas Flaring: Assaulting Communities, Jeopardizing the World Rights Action in Conjunction with the Federal Ministry of Environment at Reiz Hotel, Abuja.
Ikelegbe, A.O. (1993) â€œPollution in Nigeria: Causes, Effects and Control: The Case of Delta State.â€ Paper Presented at the 14th Annual Congress of the Nigeria Geographical Association, Minna, 8 April, 1993.
Nlerum S. O. (2014) â€œThe Plight of the Minority Niger Delta IN Nigeria: The Poverty of Protective Legal and Institutional Mechanismâ€ http://www.nigerianlawguru.com/articles/general/pdf, accessed on March 8, 2014.
Nwachukwu, C. (2007) Gas Flaring: Oil Majors Seek extension of Deadline to 2010, The Punch, Lagos, Wednesday 14, November, 2007
Omeke, C. (2011) "A Critique on the Legal Regime Governing Gas Flaring in Nigeria" (Paper presented at the University of Nigeria, Nsuka)
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