EFFECTIVENESS OF THE LAW AGAINST GAS FLARING IN THE NIGER DELTA REGION OF NIGERIA

Student: Michael Perekeme Daunemighan
Supervisor: Prof Enobong Akpambang
HOD: Dr Tayewo Adewumi
Department of Department of Law
Faculty of Law
Elizade University, Ilara-Mokin, Ondo State

Abstract

Gas flaring is a global problem affecting oil-producing countries. Gas flaring is responsible for the emission of greenhouse gas, depletion of the ozone layer, global warming, and climate change. However, the existing legal framework has been associated with various challenges; this study examines the Effectiveness of the Law against Gas flaring in the Niger Delta. It seeks to note how efficient the law has been towards combating Gas flaring in the Niger Delta region which is the most affected by these activities. This study adopts a doctrinal legal research method with context and conceptual legal analysis. The study further reviewed existing literature to explore the topic from the various authors’ views. This study relied on both primary and secondary sources of law. The primary sources are the constitution, statutes and judicial precedents while the secondary sources are international conventions, treaties, online articles and journals that are relevant to gas flaring and environmental law. The study defines the area known as the Niger Delta region, reasons for gas flaring and the effect of gas flaring especially on the host communities of the Niger Delta region. The study finds that the existing laws to combat gas flaring in Nigeria suffer from weak enforcement and lacks effectiveness which has led to some oil companies’ still flaring gas. The study further advocates the need for the use of sophisticated or advanced technologies in oil and gas operations so as to harness the effects of gas flaring. Conclusively, the legal and institutional frameworks put in place for the control of gas flaring should be strictly adhered to. It is believed that if the laws regulating gas flaring in Nigeria are enforced, it would harness the harsh effects of gas flaring in the Niger Delta.  

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