Executive Summary

Table of Contents

1. Introduction
2. Historical Background of Gas Flaring in Nigeria
3. Gas Flaring Locations in Nigeria

4. Penalty Regime
5. Gas Flaring and Greenhouse Gas Emissions
6. Climate Change Implications of Gas Flaring
7. Human Rights and Environmental Justice Dimensions
8. Nigeria’s International Climate Obligations
9. Economic Implications of Gas Flaring
10. Environmental and Community Impacts
11. Technological Solutions and Mitigation Strategies
12. Policy Recommendations and Implementation Framework
13. Conclusion
14. References

Introduction

Gas flaring is one of the most persistent environmental challenges confronting Nigeria and several other oil-producing countries. It refers to the controlled combustion of natural gas released during crude oil extraction. Although oil companies have historically treated gas flaring as a waste-disposal mechanism, the environmental, economic, and public health consequences of the practice are extensive.

Gas flaring releases significant quantities of greenhouse gases and atmospheric pollutants, including carbon dioxide (CO₂), methane (CH₄), carbon monoxide (CO), nitrogen oxides (NOx), sulfur dioxide (SO₂), black carbon, and volatile organic compounds (VOCs) such as benzene. These emissions contribute to climate change, environmental degradation, and severe health risks for communities located near flare sites.

The effects of gas flaring are particularly evident in Nigeria’s Niger Delta region, where oil exploration has continued for decades. Communities in Delta, Rivers, Bayelsa, and Edo States have experienced deteriorating environmental conditions, declining agricultural productivity, pollution of water resources, and increasing health complications linked to prolonged exposure to flare emissions. However, the implications of gas flaring extend beyond host communities and contribute to broader global climate change. Importantly, Nigeria and other member States of the Economic Community of West African States (ECOWAS) now maintain offshore oil infrastructure where gases are flared.

Concerned by the situation and the hosts communities in particular and climate change, in general, the Centre for Community Law decided to undertake this study with a view to highlighting the plight of the hosts communities and the general impact of populace far and near. It particularly sought to determine how it might contribute to reigniting the focus on the elimination of gas flaring as an alternative the current regime of penalty, which enriches the Federal Government at the expense of hosts communities and climate change.

This report examines the relationship between gas flaring and climate change, focusing on the environmental, economic, legal, and human rights implications of continued flaring activities in Nigeria.

2. Historical Background of Gas Flaring in Nigeria

Gas flaring in Nigeria dates back to the 1950s, following the discovery of crude oil in Oloibiri in 1956 and the subsequent expansion of petroleum production across the Niger Delta region. During the early years of oil production, limited investment was made in gas utilisation infrastructure, and associated natural gas was routinely flared as part of oil extraction operations.

Despite repeated governmental commitments to eliminate gas flaring, Nigeria has consistently struggled to meet established deadlines. Various administrations introduced policies and timelines aimed at ending routine flaring, yet implementation has remained weak. Even with the enactment of the Petroleum Industry Act 2021 and the Climate Change Act 2021, Nigeria continues to rank among the world’s major gas-flaring countries.

The persistence of gas flaring reflects longstanding regulatory, economic, and infrastructural challenges. Oil companies frequently regard flaring penalties as less costly than investing in gas capture and utilisation systems, thereby perpetuating the practice.

Over the years, Nigeria’s commitment to ending gas flaring has been frustrated by lack of infrastructure and over-reliance on penalties, from which it realises huge revenues.

3. Gas Flaring Locations in Nigeria

In the course of producing oil, gas is flared in its Abia, Akwa Ibom, Anambra, Bayelsa, Delta, Edo, Imo, Kaduna, Lagos, Rivers States, and in the following Local Government Areas: (1) Yenogua; (2) Warri South; (3) Warri South West; (4) Warri North; (5) Uvwie; (6) Ukuani; (7) Ukwa West; (8) Ughelli South; (9) Ughelli North; (10) Udu; (11) Southern Ijaw; (12) Sapele; (13) Oyigbo (14) Ovbia South West; (15) Ovia North East; (16) Orhionwon; (17) Omuma; (18) Okrika; (19) Ohaji Egbema; (20) Oguta; (21) Ogbia; (22) Ogbaru; (23) Ogba/Egbema/Ndoni; (24) Obia/Akpor; (25) Nember; (26) Ndokwa West; (27) Ndokwa East; (28) Isoko South; (29) Isoko North; (30) Ikwerre; (31) Ikpoba Okha; (32) Ika South; (33) Ibeno (34) Ibeju/Lekki; (35Etchie; (36) Esit-Eket; (37) Emohua; (38) Eleme; (39) Ekeremor; (40) Easther Obolo; (41) Degema; (42) Chikun; (43) Burutu; (44) Bonny; (45) Badagry; (46) Andoni; (47) Anambra West; (48) Akuku Toru; (49) Ahoada West; (50) Ahoada East; (51) Abua/Odual.

These are in addition to offshore sites, including:

 Continental shelf: Agip energy & natural gas resources: OPL 472; Express Pet & Gas Ltd: OML 108; Mobile: OML 67, 68, 70 104; Atlas Pet Ltd – OML 109; Amni International Pet OML 112; Elf: OML 100, 102, 099; NPDC: OPL 091; Addax – OPL 090, 098; Solgas Pet Ltd: OPL 226;Petroleum Products: OPL 233; Shell: OML 79; and Texaco: OML 83, 86; and Chelvron Pet (Nig) Ltd: OML 95.

Deep Sea: Nigeria operates deepwater Blocks: Agip Oil Company Ltd (NAOC) –OPL 316; Den Norske Stats Olijesekap (statoil): OPL 217; Fanfa Oil Ltd: OPL216 (deep water); Elf Pet: OPL222; South Atlantic Pet: OPL 246; Esso E & P Nig Pet: OPL 209 (deep water); Nigerian Agip Oil coy Ltd (NOAC) OPL 316; Allied energy: OPL 210; and Shelf Nig E 7 Pcol Ltd (Snapco) OPL 212.

4. Penalty Regime

The Nigeria Flare Gas (Prevention of Waste and Pollution) Regulations, 2018, fixed gas flaring pollution penalty at the sum of $2 per 28.317 standard cubic metres.

5. Gas Flaring and Greenhouse Gas Emissions

The relationship between gas flaring and climate change is primarily linked to greenhouse gas emissions released during combustion. Gas flaring generates substantial quantities of carbon dioxide, one of the principal greenhouse gases responsible for global warming.

Incomplete combustion during flaring also releases methane, a greenhouse gas with a significantly higher warming potential than carbon dioxide over shorter time horizons. In addition, gas flaring produces black carbon, commonly referred to as soot, which contributes to atmospheric warming by absorbing solar radiation.

The major pollutants associated with gas flaring include: Carbon dioxide (CO₂); Methane (CH₄); Carbon monoxide (CO); Nitrogen oxides (NOx); Sulfur dioxide (SO₂); Black carbon (soot); Volatile organic compounds (VOCs). The combined effects of these emissions intensify the greenhouse effect and contribute to long-term climate instability.

6. Climate Change Implications of Gas Flaring

Gas flaring contributes directly to global warming and climate change through the continuous release of greenhouse gases into the atmosphere. The accumulation of these gases intensifies atmospheric heat retention and alters global climate systems.

The effects of climate change associated with gas flaring include:

• Unpredictable rainfall patterns;
• Increased flooding in coastal regions;
• Rising sea levels;
• Desertification in northern regions;
• Reduced agricultural productivity;
• Biodiversity loss;
• Ocean and freshwater contamination; and
• Declining fish populations and ecosystem disruption;

These environmental consequences demonstrate that gas flaring is not merely a local environmental issue but also a global climate concern.

Scientific evidence indicates that methane emissions from the fossil fuel sector significantly contribute to global temperature increases. Consequently, continued routine flaring undermines international efforts to reduce greenhouse gas emissions and limit global warming.

7. Human Rights and Environmental Justice Dimensions

Gas flaring raises significant human rights concerns because of its effects on health, livelihood, and environmental quality. Communities located near flare sites are routinely exposed to toxic emissions and environmental degradation.

The rights most commonly affected include:

7.1 Right to Life

Climate-related disasters such as flooding, heatwaves, and environmental degradation threaten human survival and increase vulnerability among affected populations.

7.2 Right to Health

Exposure to flare emissions contributes to respiratory diseases, cardiovascular complications, skin disorders, and other long-term health conditions.

7.3 Right to a Healthy Environment

Gas flaring degrades air quality, contaminates water bodies, and damages ecosystems essential for human wellbeing.

7.4 Right to Food and Water

Climate change and environmental pollution reduce crop yields, contaminate water resources, and negatively affect fisheries.

7.5 Rights of Indigenous and Local Communities

Host communities often experience disproportionate environmental harm while receiving limited economic benefits from oil extraction activities.

8. Nigeria’s International Climate Obligations

Nigeria is a party to several international agreements aimed at combating climate change and protecting environmental and human rights.

These include:

• United Nations Framework Convention on Climate Change (UNFCCC)
• Paris Agreement
• Kyoto Protocol
• African Charter on Human and Peoples’ Rights
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Convention on the Rights of the Child (CRC)
• Sustainable Development Goals (SDGs)

Under these instruments, Nigeria has obligations to reduce greenhouse gas emissions, protect environmental rights, and pursue sustainable development.

Continued large-scale gas flaring undermines Nigeria’s commitments under these international frameworks and weakens global climate mitigation efforts.

Insofar as gas flaring affects human health, it also engages the constitution of Nigeria and relevant domestic laws.

9. Economic Implications of Gas Flaring

Gas flaring represents a substantial economic loss for Nigeria. Large volumes of associated gas that could otherwise be utilised for domestic energy generation, industrial development, or export are instead burned as waste.

Nigeria possesses significant natural gas reserves, yet millions of citizens continue to experience inadequate electricity supply and energy poverty. The continued flaring of associated gas therefore reflects broader inefficiencies in resource management and infrastructure development.

The economic consequences of gas flaring include:

• Loss of valuable energy resources
• Reduced industrial productivity
• Increased environmental remediation costs
• Public health expenditures
• Loss of agricultural income
• Reduced fisheries productivity
• Declining investment attractiveness in affected regions

Although the government generates revenue through flaring penalties, such penalties have historically been insufficient to discourage continued flaring.

10. Environmental and Community Impacts

The environmental impacts of gas flaring are extensive and affect both host and non-host communities.

10.1 Air Pollution

Gas flaring releases harmful pollutants that contribute to poor air quality and respiratory illnesses.

10.2 Water and Soil Contamination

Acid rain and atmospheric deposition contaminate water sources and reduce soil fertility, affecting agricultural productivity.

10.3 Agricultural Decline

Farmers in affected communities frequently report reduced crop yields and declining livestock productivity.

10.4 Fisheries and Ecosystem Damage

Pollution and environmental degradation disrupt aquatic ecosystems and reduce fish populations.

10.5 Social and Cultural Disruption

Environmental degradation has affected traditional livelihoods and community practices within the Niger Delta region.

11. Technological Solutions and Mitigation Strategies

Several technological solutions exist for reducing and eventually eliminating routine gas flaring, particularly associated gas can be re-injected into oil reservoirs to maintain reservoir pressure and reduce flaring.