Nigeria is rated the number one producer of crude oil in Africa. Still, oil exploration activities have resulted in a high rate of gas flaring due to weak enforcement of the anti-gas flaring laws by the regulatory authorities. Associated natural gas is generated from oil production, and it is burnt in large volumes, thereby leading to the emission of greenhouse gases and waste of natural resources which could have generated billions of dollars for the Federal Government of Nigeria. There are concerns that if nothing is done to curtail this menace, humans and the environment will be imperiled due to its negative consequences. There is therefore a need to decrease gas flaring by replicating the strategies applied in the selected case study countries to combat the menace. It is relevant to carry out this analysis to reduce greenhouse gas emissions in the oil industry for the sustainability of the energy sector and to generate more revenues for the government. This study provides guidelines for legislatures on suitable approaches to adopt for formulating an anti-flaring legal framework. The study is a comparative analysis of national legal regimes on gas flaring in Nigeria, Canada, the United Kingdom, Saudi Arabia, and Norway. The study adopts a doctrinal legal research method, a point-by-point comparative approach with a library-based legal research method. The study finds that weak enforcement of laws is a critical factor responsible for the menace. It recommends the use of more advanced technologies, a sophisticated mixture of regulations and non-regulatory incentives such as fiscal policies and gas market restructuring, and proffers further suggestions based on the lessons learnt from the selected case study countries.
Gas flaring is a global problem affecting oil-producing countries. The Nigerian petroleum industry is not an exemption. Gas flaring is responsible for the emission of greenhouse gas, depletion of the ozone layer, global warming, and climate change. The study aims to offer legal panaceas to the menace of gas flaring, which has affected Nigeria’s economy. Many scholars have raised concerns and the need for discontinuance of gas flaring in Nigeria due to its adverse effect on oil-producing areas and human health. The study adopts a doctrinal legal research method, exploring both primary and secondary sources of information to achieve its aim. The study finds that weak enforcement of the existing anti-gas-flaring laws in Nigeria made some oil companies flare gas. The study designs a hybrid model or mechanism for combating the menace and advocates that defaulting companies should be made to pay dearly for violation of anti-gas-flaring laws to promote the commercialisation of fled gas. The study recommends stringent enforcement of the Petroleum Industry Act 2021 and advocates replication of the provisions of the anti-gas-flaring laws of other advanced climes, especially the selected case-study countries where gas flaring has been abated. The study further advocates the need for the use of sophisticated or advanced technologies in oil and gas operations. In conclusion, it is believed that if the government adopts and implements stringent laws, it would combat gas flaring in Nigeria.
This study explores the need for conversion of wastes to energy for a sustainable power sector and environmental development in Nigeria, to decrease greenhouse gas emissions and to offer incentives for investments in renewable energy sources, and to mitigate the concerns on disposal of hazardous wastes in the country. The study adopts a library-based doctrinal legal research technique with a conceptual approach, relying on existing literature. It explores the potency of existing laws and other legal provisions binding on the practice of waste management to power in Nigeria. Also, it carries out a comparative appraisal of the renewable system through organic wastes to electricity in other countries. The key finding of the study is that if practical measures are taken by the Nigerian government to control waste disposal, it will minimise wastes from the various sources in conformity with the legal and regulatory requirements and this can be utilised to generate electricity. The study proposes a model for converting wastes to electricity to sustain the ever-intensifying demands for energy and to combat ecological issues in Nigeria. The research concludes with recommendations for the fusion of regulations and non-regulatory incentives for conversion of wastes to electricity in Nigeria’s power sector and advocates coherent legal framework on sources of energy with stringent enforcement of energy laws for stable electricity generation and sustainability in Nigeria’s power sector.
Purpose The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption. Design/methodology/approach The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws. Findings The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption. Research limitations/implications The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Practical implications Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy. Social implications Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Originality/value The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.
Insolvency and business recovery laws in Nigeria have not evolved to incorporate reorganisation, reforming insolvent oil firms' operations to boost commercial oil firms' steadiness and economic suitability like other moderately developed countries. In Nigeria, liquidation is understood by many as the panacea to indebtedness. The research evaluates the Nigerian insolvency and business recovery legal regime to sustain indebted oil firms from economic shocks due to the global decline in the oil price to avert imminent business failures due to insufficient cash flows. The aim is to fill the gaps in Nigeria's insolvency and business recovery laws by recommending a model for the sustenance of oil firms and to suggest the reform of the gaps identified in the existing laws and the extant literature on the subject. The paper opted for conceptual legal review, comparative legal and policies analyses of solvency and business recovery legislations in Nigeria, Malaysia, India, South Africa, the United Kingdom and the United States. These nations were designated for this study because their insolvency and business recovery legal regime are business rescued driven, not winding up centred. The study is library researchbased to address some of the flaws in Nigeria's insolvency and business recovery laws. The study finds that Nigerian legislation on insolvency is flawed in oil firms' salvage, improvement and rearrangement. It ends that, statutory bodies in the designated case study nations are efficient than those in Nigeria due to the strong political will of their governments in supporting insolvent oil firms for successful financial recovery, to safeguard jobs, to protect creditors and to enhance the wealth of their nations through sound business recovery policies and laws. The study, advocates, remodel of Nigeria's insolvency and business recovery legislations and policies in compliance with the international standards on insolvent oil firms salvaged and creditors focused policies for a robust economy. The study concludes with the recommendation for further study to consider quantitative analysis research methodology to project further scholarship on the subject.
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