PRESIDENT TINUBU, NASS PRESSED TO CLAMP DOWN ON MISUSE OF GAS FLARING FUNDS

Read Time:2 Minute, 35 Second

By: Fasasi Hammad

Environmental groups have called on President Bola Tinubu and the National Assembly (NASS) to urgently review Executive Order 9, stressing that gas flaring penalties should act solely as deterrents against environmental violations rather than being diverted as a source of government revenue.

The appeal was made on Friday at a world press conference in Abuja, where the coalition urged immediate policy reforms to address the health and environmental hazards of gas flaring in the Niger Delta.

Speaking for the coalition, Comrade Itsede Victor criticized the ongoing remittance of gas flaring penalties into the Federation Account, calling it a grave injustice to Niger Delta communities who suffer the consequences of persistent gas flaring.

“The key question for the nation is whether gas flaring penalties are meant to deter environmental harm or to fill government coffers,” Victor said.

The groups highlighted decades of exposure of Niger Delta residents to toxic emissions, citing scientific studies linking gas flaring to pollutants like methane, carbon dioxide, nitrogen oxides, and particulate matter. These substances contribute to respiratory illnesses, cancers, skin conditions, reproductive health issues, soil and water degradation, acid rain, biodiversity loss, and declining agricultural productivity.

Despite Nigeria’s stated commitments to reduce gas flaring, the coalition noted the country remains among the world’s top offenders, largely due to weak enforcement and ineffective penalty structures.

Under Executive Order 9, fines imposed on oil and gas companies are channeled into the Federation Account via NNPC Ltd., effectively turning environmental violations into government revenue while communities suffering from pollution receive little or no remediation.

The coalition referenced a 2019 Supreme Court ruling affirming that the right to a clean and healthy environment is inseparable from the right to life, granting citizens and civil society legal standing to hold polluters accountable.

They also cited the Petroleum Industry Act (PIA) 2021—specifically Section 104, which limits gas flaring to legally permitted cases, and Section 52(14), which requires gas flare penalties to fund gas infrastructure and community projects.

Highlighting reports from the Nigeria Extractive Industries Transparency Initiative (NEITI) and NASS oversight committees, the groups criticized ongoing arbitrary flaring, high penalty default rates, delayed remittances, and weak enforcement mechanisms. They warned that redirecting gas flare fines without legislative approval would violate the law and undermine constitutional processes.

The coalition further alleged that large sums of gas flare penalties have been held by the Central Bank of Nigeria for years, and that distributing these funds nationally rather than targeting affected communities unfairly shifts the burden to victims.

They urged the President to take immediate steps: remove gas flaring penalties from the Federation Account and ensure all existing and future funds are dedicated exclusively to environmental remediation, health programs, poverty reduction, and sustainable development in the Niger Delta.

“Gas flaring penalties must fulfill their purpose as deterrents; penalizing pollution should never be turned into a revenue stream,” the coalition said, warning that sustainable peace in the region depends on tangible environmental justice.

They called on the administration to ensure that the welfare of oil-producing communities remains central to the government’s Renewed Hope Agenda.