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Gas flare commercialisation: Economic gains for all, breath of fresh air for communities and oil firms

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By Akpandem James

For decades, the sight of roaring flames lighting up the night sky in Nigeria’s Niger Delta has been both a symbol of oil wealth and a reminder of environmental neglect. Gas flaring, long treated as an unavoidable by-product of crude oil production, has inflicted deep scars on host communities, degraded ecosystems, endangered public health and strained relations between oil producers and their hosts. Over time, these tensions contributed significantly to operational disruptions, community unrest and the eventual decision by some international oil companies to divest from onshore oil production in the region.

At the heart of this long-standing conflict lies environmental degradation, with gas flaring as one of its most visible and damaging manifestations. Beyond the obvious pollution of air, soil and water, flaring has been linked to respiratory illnesses, acid rain and heightened safety risks for communities living near oil facilities. For Nigeria, whose economy depends heavily on hydrocarbon revenues for foreign exchange earnings, the consequences extended beyond the Niger Delta, affecting national output, investor confidence and energy security.

These challenges formed part of the critical concerns addressed by the Petroleum Industry Act (PIA) 2021, a landmark reform that redefined the regulatory and commercial framework of Nigeria’s petroleum sector. Sections 104 to 108 of the Act introduced a comprehensive regime for prohibiting, penalising, measuring, managing and ultimately eliminating the flaring of natural gas during petroleum operations. This marked a decisive break from the Associated Gas Re-injection Act (AGRA) of 1979, which had permitted routine flaring with ministerial approval once operators submitted gas re-injection plans.

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In practice, the old regime inadvertently encouraged flaring. Penalties for non-compliance were relatively low and often cheaper for operators than investing in gas utilisation infrastructure. The result was decades of routine flaring, with enormous environmental costs and lost economic value. The PIA reversed this logic by making flaring increasingly unattractive while creating clear incentives for gas capture and utilisation. It also streamlined milestone approvals for gas flare elimination facilities, ranging from concept design and front-end engineering design to detailed engineering approvals and final permits to operate, thus providing regulatory clarity and predictability for investors.

With the coming into effect of the PIA in August 2021 and the subsequent inauguration of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) in October 2021, Nigeria’s foremost upstream regulator, decisive steps were taken to confront what had become an Achilles heel of the petroleum sector. Central to this effort were clear regulatory guidelines and the relaunch of the Nigerian Gas Flare Commercialisation Programme (NGFCP) in September 2022.

The NGFCP was conceived as a market-driven solution to a decades-old environmental and economic problem. Its core objective is to transform flare gas from a long-standing liability into a valuable economic asset capable of driving industrial growth, strengthening energy security and significantly improving the sector’s environmental credentials. Rather than viewing flared gas as waste, the programme treats it as feedstock for power generation, LPG, petrochemicals and other gas-based industries.

According to the Commission Chief Executive, Engr. Gbenga Komolafe, the ambition is nothing short of transformational. “The target was to end a decades-long challenge and replace it with a wealth-generating, climate-positive opportunity,” he said. By allocating flare sites to competent third-party developers through a transparent and competitive process, Nigeria has activated what he describes as a globally innovative commercial model—one in which waste is converted into value and environmental challenges give way to investment opportunities.

The scale of the programme is significant. The NGFCP targets 49 flare sites across land, swamp and shallow offshore terrains, with aggregate flare volumes estimated at between 250 and 300 million standard cubic feet of gas per day by 2027. Individual sites range from 0.5 to 30 mmscf/d, offering opportunities for both small modular projects and larger gas utilisation schemes. Supported by the fiscal incentives embedded in the PIA, the programme is expected to attract up to $7.2 billion in investment capital while delivering annual emissions reductions of between six and seven million tonnes of CO₂ equivalent.

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Beyond climate benefits, the economic implications are far-reaching. Increased gas supply into the domestic market will deepen in-country value addition, stimulate gas-based industrialisation and reduce reliance on imported fuels. For host communities in the Niger Delta, the programme promises cleaner air, new infrastructure, employment opportunities and enhanced social development. For oil producers, it offers relief from flare penalties, reduced environmental and operational liabilities and improved environmental, social and governance (ESG) performance—an increasingly important factor in global investment decisions.

The NGFCP also aligns fully with Nigeria’s Energy Transition Plan (ETP) and its Nationally Determined Contributions under global climate frameworks. As noted by Engr. Komolafe, the programme is not merely a policy initiative but a core pillar in Nigeria’s effort to eliminate routine flaring, reduce greenhouse gas emissions and enhance the country’s credibility in international energy transition commitments.

Progress under the programme has been steady. To date, 28 frontline NGFCP awardees have been issued final permits to access flare gas, marking a critical transition from planning to implementation. The programme itself has been structured in three phases: the bidding process, which began in 2023 and culminated in the announcement of 42 awardees in September of that year; a negotiation phase in 2024 covering technical, commercial and contractual terms, followed by permit issuance in 2025; and a final execution phase, scheduled to commence in 2026, aimed at delivering actual flare-out projects.

This transition was formally underscored on Friday, December 12, when the NUPRC issued Permits to Access Flare Gas (PAFG) under the 2022 NGFCP. Presiding over the ceremony, Engr. Komolafe described the event as a milestone achievement for Nigeria’s upstream sector, a strategic inflection point signalling the shift from legacy challenges to market-driven solutions that unlock economic opportunities, strengthen energy security, reduce emissions and improve operational efficiency across the industry.

More importantly, the issuance of permits marked the end of commercial negotiations and the beginning of real project execution. It signalled a fundamental change in how flare gas is perceived, not as waste or an environmental burden, but as a commercially viable resource capable of driving industrial growth and national prosperity. In regulatory terms, it represented a decisive move from policy design and bidding to tangible implementation under the NGFCP.

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The achievements recorded so far are notable. The programme has awarded 49 flare sites across three terrains to 42 bidders, attracted an estimated $2 billion in foreign direct investment for gas development projects and placed Nigeria as a pioneer in structured flare gas commercialisation. It has also created a fast track towards fulfilling the Presidential mandate of deepening domestic gas utilisation while enhancing local participation in the sector.

Recognising that success depends on effective delivery, the NUPRC has established continuous support mechanisms for permit holders. These include streamlined regulatory approvals, hands-on guidance through a dedicated NGFCP Project Management Office, facilitation of access to financing, including carbon finance in collaboration with development partners, and sustained advocacy for international support.

However, the responsibilities are clearly shared. Producers are obligated to deliver flare gas in line with agreed quantities and quality, ensure accurate metering and transparent reporting, provide safe access to flare sites and align host community engagements with permit holders. Permit holders, on their part, must design, finance, build and operate gas gathering and utilisation facilities to approved technical and safety standards, meet flare-out milestones, maintain robust health, safety and environmental systems, and manage fair relationships with host communities.

Once projects commence, routine gas flaring is expected to cease, except in limited emergency situations expressly permitted by regulation. The ultimate expectation is clear: visible projects on the ground that convert flare stacks into engines of economic value.

If fully implemented, gas flare commercialisation under the NGFCP will stand as one of the most consequential reforms in Nigeria’s upstream petroleum sector. It offers a compelling example of how environmental responsibility can be aligned with economic growth, delivering cleaner air for communities, operational relief for oil firms and sustainable value for the national economy. In extinguishing the flames of routine flaring, Nigeria may well be lighting the path to a more resilient, inclusive and climate-conscious energy future.

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  • Akpandem James is a Fellow of the Nigerian Guild of Editors and member Governing Board of the Nigerian Institute of Journalists, Lagos

 

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Court halts move to impeach Fubara *Orders CJ to tarry on panel

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A Rivers High Court sitting in Oyigbo Local Government Area has stepped into the escalating political crisis in the state, issuing an interim injunction that temporarily halts further action on the impeachment process against Governor Siminalayi Fubara and his deputy, Ngozi Nma-Odu.

In a ruling delivered in Port Harcourt, the court restrained the Speaker of the Rivers State House of Assembly, Martin Amaewhule, alongside thirty-two other defendants — including the Clerk of the House and the Chief Judge of Rivers State—from taking steps aimed at advancing the impeachment process.

Specifically, the order barred the Chief Judge, Justice Simeon Chibuzor-Amadi, from receiving, forwarding, considering, or acting on any request, resolution, or impeachment-related document from the Assembly for the purpose of constituting an investigative panel, pending the determination of the matter. The injunction is to subsist for seven days.

In the two suits—marked OYHC/7/CS/2026 and OYHC/6/CS/2026—the court also granted the claimants leave to serve the interim order and other originating processes on the first to the thirty-first defendants by pasting them at the gate of the Rivers State Assembly quarters.

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The court also directed that the Chief Judge, listed as the 32nd defendant, be served through any staff of the judiciary at his chambers within the court premises.

Justice Fiberesima thereafter adjourned the matter to January 23, 2026, for hearing of the motion on notice, as the legal battle over the impeachment move shifts from the political arena to the courtroom.

On Friday, the Rivers State House of Assembly had called on the Chief Judge of the state to set up a panel to investigate the allegations of gross misconduct against Governor Fubara and his deputy.

The assembly members, who made the call through a unanimous vote, vowed to continue with the impeachment process.

The lawmakers had earlier addressed a press conference in Port Harcourt, where they accused Fubara of allegedly using blackmail.

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Addressing journalists, the deputy speaker, Dumle Maol, claimed Fubara lacked the trust needed to address the crisis rocking the oil-rich state.

They accused the governor of infringing on the 1999 Constitution, saying the parliament was left with no other choice but to apply their legislative power by impeaching him from office.

The lawmakers also claimed the governor and his deputy had resorted to intimidating the parliament.

They, however, thanked President Bola Tinubu for wading into the crisis.

The members also called on the Speaker, Martin Amaewhule, to reconvene the House.

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Their position came weeks after they initiated an impeachment process against Fubara and Odu. The lawmakers are accusing them of gross negligence, a move that has heightened political tension in the coastal state.

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Impeachment: Do your job, Rivers assembly tells CJ *Insist Fubara must go

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No amount of intervention or pleading will mitigate the case of Siminalayi Fubara at this stage regarding the determination to impeach him, members of the Rivers State House of Assembly, vowed on Friday, as they opened a new chapter in the ongoing onslaught against the state governor.

Against the backdrop of what appeared like a lull when they failed to sit on Thursday for the same purpose, the members on their return, hinged the blame to go on with the action on the alleged intransigence of Fubara to retrace his step.

For this reason, the called on the state Chief Judge to set up the panel of investigation to look into the allegations of gross misconduct levied against Fubara and his deputy, Ngozi Odu.

Conveying their decision which came in form of a unanimous vote, the assembly members, who vowed to continue with the impeachment process, stressed that no amount of intimidation, blackmail or intervention would stop them this time – the third in the impeachment approach, which was first initiated in November 2023.

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Dumle Maol, Deputy Speaker, had earlier told reporters that Fubara lacked the trust needed to address the crisis rocking the oil-rich state, accusing him of multiple infringement on the 1999 Constitution, which left the house with no other choice but to apply their legislative power.

Accusing the governor and his deputy of resorting to intimidation of the parliament, including the dropping of the name of President Bola Tinubu, they thanked the President for wading into the crisis in order to find a solution, but regrated that his efforts were stalled by the same Fubara.

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Rigging: I warned Obi that judicial option in 2023 won’t work – Datti

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If Peter Obi had mobilised Nigerians against those who rigged him out of the presidential election in 2023, his mandate given to him by the electorate would have been intact and he would have been President today.

This was the contention of Yusuf Datti Baba-Ahmed, who ran with the former Governor of Anambra State, as vice-presidential candidate of the Labour Party (LP) in the 2023 elections, where Obi was the presidential candidate.

Datti-Ahmed, in an interview currently going viral on social media, told his hosts that anyone seeking to defeat President Bola Tinubu must not rely on the court process but resistance, using Nigerians as was done in the June 12, 1993 election saga against the military.

The outing on Nigeria Right Now, uploaded on YouTube on Thursday, quoted the politician, formerly Senator representing Kaduna Central at the National Assembly, as stating that he made this much clear to Obi, that the judiciary could not resolve the fundamental breaches of the constitution perpetrated by the All Progressives Congress (APC) in the last elections.

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Hear him: “I told Peter Obi – Supreme Court cannot give you governor and give you presidency. For God’s sake, stand up and do something. The Nigerian Constitution was clearly breached.

“The Nigerian constitution was clearly breached; section 134 2b. It couldn’t be any clearer. Now, if it was June 12 people, and you breached not just the constitution but just one punctuation in their interest, I swear to God, nobody will sleep. They will take it.

“As much as I dislike the fact that they are using the Nigerian constitution, you must give it to them; they fight for their interest. They can organise rallies and can keep it up for three decades. And you are saying, ‘Let’s go to court; let’s go to court.’

“Whoever is going to defeat Tinubu must be ready to, I will use the word, ‘red eye’. You must show your red eyes because on that day that they are declaring the results, the people declaring fake results are criminals, and those who are stopping the declaration of fake results are good citizens. Whoever is going to defeat Tinubu must show red eyes… there’s no going to court.”

In the 2003 Anambra governorship election, the Independent National Electoral Commission (INEC) declared Chris Ngige of the Peoples Democratic Party (PDP) the winner, but Obi, candidate of the All Progressives Grand Alliance (APGA), challenged the result and was later affirmed governor by the court of appeal in March 2006.

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Similarly, in 2023, Obi challenged Tinubu’s victory, the APC presidential candidate, but his appeal was dismissed up to the supreme court level.

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