HELD AT BOLTON WHITE HOTELS, ABUJA, ON WEDNESDAY, 30TH SEPTEMBER, 2009

Preamble

The meeting on Gas Flaring Prohibition and Sustainable Energy Future for Nigeria held in Abuja on Wednesday, 30th September 2009. The meeting was organised by Social Action (Social Development and Integrated Centre) in collaboration with Stakeholder Democracy Network (SDN)  and IIED to examine and evaluate developments on the bill on gas flaring with the view to ensuring sustainable energy future in Nigeria by putting an end to gas flaring without further delay.

The meeting was attended by representatives of local and international groups committed to renewable energy and sustainable development. Participants at the meeting include stakeholders in the struggle for environmental rights and democratic consolidation in Nigeria namely; civil society organisations, environmental rights activists, environmental and legal experts, monitors of legislative process, judicial activists as well as notable state and non state actors.  Presentations were made by resource persons on the following thematic issues: Prohibition of Gas Flaring Bill 2009: From Lamentation to Action?; Past Legislation on Gas Flaring in Nigeria and why they failed; Powering Growth and Development in Nigeria: and Access to a Guaranteed Energy Option.

Deliberations

The meeting entertained robust debates following lead presentations by resource persons. The presentations brought out salient issues which provided bases for critical engagement by participants who sought clarifications and made valuable suggestions on how genuine Law on prohibition of gas flaring could be brought about and implemented in Nigeria.  

The following observations emerged from deliberations at the meeting:

1.       Successive regimes, military and civilian, failed to demonstrate commitment to ending gas flaring in Nigeria.

2.      The local communities and the state legislatures, direct victims of the hazardous effect of gas flaring are not involved in the current prohibition efforts

3.      The current bill promotes the interest of oil companies rather than the interest of the communities and the Nigerian nation.  

4.      Payment of monetary penalty as an option would only serve as incentive for oil companies to continue the flaring of gas rather than as deterrent.

5.       Attempt at increasing penalty payable by oil companies for flouting law against gas flaring is diversionary and not capable of ending gas flaring in the foreseeable future.

6.      The oil multinationals and the Nigerian National Petroleum Corporation have failed to sufficiently  explain why the associated gas gathering facilities which were commenced in 1999 by the oil multinationals have not been completed yet

7.      There are gaps in the recent bill passed by the Senate of the OF THE FEDERAL REPUBLIC OF NIGERIA  and these gaps make the bill in its current state deceptive and incapable of ensuring the cessation of gas flaring

8.      Although Independent Power Projects (IPP) have been completed such as Geregu and Papalato in Ondo State but lack gas to power them

9.      That gas flaring adds to the climate change phenomenon presently constituting a major threat to human and environmental existence. 

Participants consequently resolved as follows: 

1.      That any law on gas flaring must  be clear and definite with regard to the deadline on gas flare out

2.     Any such gas flare out law  should not permit any exception or penalty as this will ultimately undermine the intent and purpose of the law and compromise the right of Nigerians to environmental justice and their fundamental right to life

3.     Gas flare out laws must ensure environmental audit and remediation in line with best practices and standards

4.     That genuine gas flare out law must be supportive of the national, global efforts to address the greatest threat of our time climate change and renewable energy resources

5.     That the enforcement of legislation and other laws connected with prohibiting gas flare out must be sacrosanct and enforced no matter whose ox is gored

6.     That the advocacy for reform should be bottom-up approach with communities and state legislatures playing critical role in policy formulation and enforcement monitoring

7.     That in view of the foregoing, a people-friendly and participatory Gas Flare out Bill should emerge from the on-going efforts and that the National Assembly should take the lead and ownership in order to enact it into law

8.    Nigeria is not only losing resources as a result of the flaring but also denied the energy source that can be channelled towards development and economic growth.

9.     All the parties involved must ensure the supply of gas to these completed projects for the benefit of all Nigerians  

Conclusion  

Participants concluded on a very positive note, despite the identified challenges and shortcomings of the ongoing legislative process of prohibiting gas flaring.  Furthermore, stakeholders (Communities, state legislatures, state governors and National Assembly members) are charged to ensure this process culminate in a law that will not only be sacrosanct but also cover the field.  

COMMUNIQUE DRAFTING COMMITTEE:

1.       Mike Karikpo

2.      Suraj Lanre

3.      Paulinus Okoro

4.      Nurudeen Ogbara

5.      Chima Williams

6.      Patterson Ogon

7.      Francis Abayomi