Non-renewable fuel sources have been the predominant energy sources and a significant source of foreign exchange income for Nigeria, while at the same time there is a severe problem of electricity ...inconsistency and persistent power blackouts in Nigeria. The research aims to end the concern for deficient energy use, and to encourage energy efficiency and sustainability. Nigeria has not maximized the advantages of renewable energy after the denationalisation of its electricity industry despite the current transformation in the power industry and the rising demand for renewable energy supply. The research adopts a doctrinal legal approach with a library-based legal research technique with a comparative legal method. It reveals that the absence of a comprehensible legal regime with encouragement for the use of renewable energy is the fundamental element causing the slow utilization of renewable energy as a substitute source of energy in Nigeria. It is suggested that, among other reforms, there is a need for a comprehensible legal regime on renewable energy and the encouragement of strict implementation of energy regulatory strategies and policies with incentives for the application of renewable energy sources in Nigeria.
The Social Science Editorial Office retracts the article, “Analysis of the Legal Framework Governing Gas Flaring in Nigeria’s Upstream Petroleum Sector and the Need for Overhauling” (Olujobi 2020), ...cited above ...
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.
The study investigates the necessity for deregulation of the downstream petroleum sector to tackles shortfalls and to enhance quantities of petroleum commodities in Nigeria. The objective is to boost ...proficiency in the industry via governance, statutory transformations and vigorous business competition by learning from other advanced countries' skills to transform and fortify the downstream oil industry laws. The study embraces a conceptual legal approach utilising existing literature to aid a doctrinal legal study technique. The research also utilizes primary and secondary founts of legislations, such as, constitutional and case laws. The finding of the research is the absolute authority of the government in the industry and incongruous valuing of oil commodities which made the industry unappealing to financiers to found private refineries that will ensure adequate supply of petroleum and reasonable profits on their investments owing to excessive regulation of the industry by the government. The study designed a model to halt continuous increment in the fuel price and to ensure efficient downstream petroleum industry. The study concludes with the recommendations, for instance, the necessity of high-tech fusion of policies and encouragements for investment in the downstream to boosts swift enactment of the awaiting Petroleum Industry Governance Bill 2017 and absolute deregulation of the industry to foster private investments and to halt subsidy disbursements being a new fountain of corruption.
Petroleum, Deregulation, Downstream oil sector, Petroleum industry, Nigeria
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 research-based 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.
Nigeria, Oil Firms, Creditor, Insolvency and Business Recovery laws.
Nigeria’s oil industry encounters crude oil theft in commercial quantities, which is often exported to neighbouring countries. This has occasioned a loss of revenue and has caused environmental ...pollution due to oil spillages. There is a need for a stringent legal framework to combat the menace caused by incessant crude oil thefts, pipeline vandalisation by militants, and inadequate maintenance of existing crude oil refineries. The study adopts doctrinal legal research methods and a conceptual approach with the consideration of primary and secondary sources of law, for instance, the Petroleum Industry Act 2021, the Nigeria Extractive Industry Transparency Initiative (NEITI Act 2007, International Conventions, law textbooks and peer-reviewed journals. The justification for using the method was to establish the trustworthiness of the findings on illicit crude oil refineries. The findings reveal that the Nigerian government has lost more than 150,000 barrels of crude oil daily valued at USD six billion as a result of crude oil theft. This has reduced oil revenues, which ought to have added to the national treasury. The Petroleum Production and Distribution (Anti-Sabotage Act) 2007, which proscribes disruption of petroleum products in Nigeria, has not been diligently enforced. There is also an absence of a specific oil and gas legal framework criminalising crude oil theft. Section 3(e)(f)(iv) of the Nigeria Security and Civil Defence Corps Act only offers pipeline security as one of the functions of the corps, without distinctly stating the penalties to be imposed on those damaging crude oil pipelines. The study designs a hybrid model for the renovation of the country’s crude oil refineries. It also advocates the need to redefine legal regimes on illegal oil refineries by amending the Petroleum Industry Act to include specifically illegal oil refineries provision and to effectively criminalise crude oil theft. The implications of the main results are as follows: criminalising crude oil theft and pipeline vandalisation with vigorous punishments will serve as deterrence to others in the sector, increase revenues for the government and reduce environmental pollution.
Fundamentally, energy could be refer to as the cornerstone for progress of most nations, as a lack of unswerving energy sources perpetuates poverty and impedes economic development. In Nigeria, there ...exists an abundance of low-carbon energy resources that hold immense potential for fostering sustainable growth. Regrettably, Nigeria has yet to fully harness these resources to drive its economic expansion and bolster its power sector. This study undertakes a thorough exploration of the untapped capacity of low-carbon energy bases in the country, with the aim of ensuring a consistent and dependable electricity supply. The research methodology employed in this study encompasses both empirical and doctrinal legal research approaches, drawing upon a wide range of primary and secondary sources, including authoritative energy law textbooks and peer-reviewed journals. In order to gain valuable insights into achieving a stable electricity supply in Nigeria, a meticulous comparative legal analysis of low-carbon energy practices was conducted, focusing on the experiences of China, Spain, Germany, and Nigeria. By applying legal theories and empirical procedures, the study estimated carbon emissions using the auto-regressive distributed lag model. The data exploited in this study were acquired from the World Bank's World Development Indicator (WDI, 2021), a renowned public domain repository of economic development data encompassing numerous countries worldwide. The findings of this study demystify the positive association between electricity consumption and substantial fluctuations in CO2 emissions, as demonstrated by both short-run and long-run model estimations. Significantly, the presence of hydroelectric power sources emerged as a pivotal factor in curbing carbon emissions.
Moreover, the study's error correction model findings unveil a noteworthy mechanism of systemic convergence when confronted with external shocks. To facilitate the adoption of low-carbon energy sources, the study proposes a hybrid model that combines various approaches, while underscoring the urgent need for reforming Nigeria's energy laws to address environmental concerns and promote security and sustainability. The practical implications and policy applications of this research highlight its potential to provide policymakers in Nigeria and beyond with invaluable insights for formulating effective measures aimed at reducing carbon emissions arising from electricity generation and consumption.
The global push for net-zero carbon emissions by 2050 requires countries to adopt sustainable energy sources, address energy poverty and promote energy security. Nigeria is grappling with an energy ...crisis, and the recently enacted Climate Change Act 2021 offers the prospect of addressing this while advancing energy sustainability. The study evaluates the Act’s potential in promoting energy security and global net-zero carbon emissions. Nigeria faces challenges in recovering from the COVID-19 pandemic and combating climate change, prompting countries to take domestic and international measures to reduce greenhouse gas emissions. Through doctrinal legal research and conceptual analysis, the study examines Nigeria’s Climate Change Act, proposing solutions to enhance its commitment to global net-zero carbon emissions. It conducts a comparative legal analysis of climate change frameworks in Kenya, Nigeria and the Democratic Republic of Congo, providing insights and suggesting reforms to Nigeria’s Act for Energy Security. While the existing laws are adequate, weak enforcement by regulatory agencies and a lack of political will hinder compliance. Public awareness regarding individual contributions to climate change is also lacking. The study recommends increased funding for regulatory institutions and proactive public awareness. Complying with the Paris Agreement and Sustainable Development Goal 13 is vital for a sustainable energy future.
The study examines the payment of fossil fuel subsidies made in Nigeria on petrol, with an analysis of the laws governing its payments. It explores the reasons for the removal of the petrol subsidy ...and examines the merits advocated by proponents of its elimination. Additionally, it investigates the diverse pricing methods employed for petroleum products. Employing a doctrinal legal research methodology, the article relies on the existing primary and secondary sources of laws to provide insights for the reforms. The study concludes with recommendations such as the implementation of a mixed economic system, reinforcement of trade laws, consumer protection and competition laws, improvement of transparency and accountability, promotion of investments in local refineries, adoption of cleaner alternative energy sources such as renewable energy sources by adopting the global energy transition agenda, and provision of palliatives. The findings unravel the complexities surrounding petrol subsidy payments which have occasioned corruption, rent-seeking activities and insufficient utilization of clean sources of energy. A significant gap exists in Nigeria’s energy sector compared to the selected case study countries. The study provides valuable insights for policymakers and stakeholders. The recommendations promote transparency, and accountability and will facilitate the necessary reforms for sustainable downstream petroleum industry and global energy security.
Background: The study examines the gaps in the provisions of the Petroleum Industry Act (PIA) that could hinder the effective application of the Act in attaining its objectives. The repealed ...Petroleum Act of 1969 became obsolete and largely incapable of meeting the emerging global best practices in the industry due to inadequate sanctions, failure to address the aspirations of the people of the oil-bearing states, among others. Hence, the need for the PIA of 2021 to overhaul the industry to meet global standards though some controversial provisions that pose challenges to its proper implementation.
Methods: The study examines the PIA to identify its prospects, challenges, and the way forward. The methodology the study utilises is doctrinal research with reports from existing literature and tertiary data sources such as newspapers, the Internet, and websites. Pertinent data collected from these sources were theoretically analysed and argued with current literature on the subject.
Results: The finding is that the PIA does not make adequate provisions for the energy transition in line with Nigeria's Nationally Determined Contributions (NDC) under the Paris agreement; the PIA was provided for weak institutions, which translates to weak implementation and enforcement of the law which further widening the gap between the law and reality.
Conclusions: The study concluded that, although the Act delivered the much-needed stability in the petroleum industry in Nigeria, there is a need for an overhaul of the Act to further protect the interest of host communities and allow for co-ownership of petroleum resources by the state government.
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