HUMAN RIGHTS IMPLICATIONS OF GAS FLARING: EXPLORING THE TRANSFORMATIVE EFFECTS OF THE PETROLEUM INDUSTRY ACT

Abstract

Gas flaring, a common practice in the petroleum industry, has significant environmental and human rights implications, contributing to air pollution, and climate change, and negatively impacting the fundamental rights guaranteed by the Nigerian Constitution. The negative impact of gas flaring includes greenhouse gas emissions, reduced air quality, and threats to human rights including the right to life. The recent judgment of the Nigerian Supreme Court in Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation1 has acknowledged the environmental and human rights implications of gas flaring. Gas flaring, a common practice in the oil and gas industry, poses significant environmental challenges and adversely affects the health and well-being of local communities. The PIA, enacted to reform the petroleum sector in Nigeria, presents an opportunity to address these concerns and safeguard human rights. This paper explores the profound implications of gas flaring on the environment and the transformative effects of the Petroleum Industry Act (PIA) on the protection of human rights in Nigeria. The paper concludes that the PIA signifies a positive step toward addressing the environmental and human rights impact of the petroleum industry, particularly gas flaring. By imposing penalties, promoting gas utilization, and emphasizing environmental compliance, the PIA contributes to Nigeria's climate change commitments, aligns with global efforts to create a more sustainable and environmentally responsible energy sector, and ultimately protects human rights, particularly of the vulnerable communities near oil-producing areas. It is recommended that there should be Public participation in law and policy-making cannot.