LEGAL APPRAISAL OF GAS FLARING DURING PETROLEUUM OPERATIONS IN NIGERIA: LESSONS FROM NORWAY AND KUWAIT

Abstract

This study examined the adequacy and effectiveness of the legal regime on gas flaring during petroleum operations in Nigeria as well as the enforcement mechanisms and their barriers to eliminating gas flaring in Nigeria. Gas flaring remains one of the most persistent environmental, health, and socio-economic challenges associated with petroleum operations in Nigeria. Despite being Africa’s largest oil producer with substantial natural gas reserves, Nigeria continues to rank among the world’s top gas-flaring nations, with significant volumes of associated gas routinely burned during crude oil extraction, particularly in the Niger Delta region. This practice not only wastes a valuable energy resource worth billions of dollars annually but also contributes to severe air pollution, acid rain, climate change, and public health crises in host communities. This study adopted a doctrinal legal research methodology, relying on the analysis of primary and secondary sources including statutes, regulations, case law, policy documents, and scholarly literature. A comparative research methodology incorporated with a view to extracting valuable lessons for Nigeria. The study critically examined the conceptual and theoretical frameworks of gas flaring and historical evolution, and the environmental impacts of the topic under study. It critically examined the legal and regulatory frameworks governing gas flaring during petroleum operations in Nigeria; analysed the Petroleum Industry Act (PIA) 2021, the Gas Flaring, Venting and Methane Emissions Regulations 2023, the Nigerian Gas Flare Commercialisation Programme (NGFCP) under the Flare Gas (Prevention of Waste and Pollution) Regulation, 2018 and the role of key institutions such as the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA). The study further considers regional, foreign and international frameworks like the Banjul Charter, Revised African Convention on the Conservation of Nature and Natural Resources, Norway and Kuwait models for comparative lessons, World Bank Zero Routine Flaring by 2030 initiative amongst others which provided benchmarks for best practices. The work found that while the post-2021 legal regime marks a significant improvement by prohibiting routine flaring and promoting gas commercialisation through the NGFCP, significant implementation gaps persist. These gaps include low penalty rates that fail to deter operators, weak enforcement mechanisms, excessive exemptions, infrastructure deficits, and poor inter-agency coordination between NUPRC and NMDPRA. The study further highlighted how post-divestment challenges and weak enforcement have limited the effectiveness of reforms, allowing flaring to continue despite progressive legislation. It concluded that Nigeria’s framework though advanced on paper, falls short of international best practices. It recommended a hybrid reform model combining Norway’s strict regulatory and fiscal approach with Kuwait’s corporate-driven infrastructure strategy. Strengthening penalties, enhancing monitoring, accelerating infrastructure development, and ensuring transparent community benefits are critical to achieving zero routine flaring by 2030 and promoting sustainable petroleum operations in Nigeria.