By Abubakar Yunusa
Concerned environmental organisations have called on President Bola Tinubu and the National Assembly to urgently review Executive Order 9, insisting that gas flaring penalties should serve strictly as deterrents against environmental violations—not as a source of government revenue.
The appeal was made on Friday during a World Press Conference in Abuja.
Speaking on behalf of the coalition, Comrade Itsede Victor described the continued remittance of gas flaring penalties into the Federation Account as a fundamental injustice to Niger Delta communities, who bear the brunt of the health and environmental consequences of routine gas flaring.
“The central question before the nation is this: Should gas flaring penalties serve as a deterrent against environmental destruction, or should they continue to function as a source of government revenue?” Victor asked.
The groups highlighted decades of exposure by Niger Delta residents to toxic emissions from oil and gas operations.
They cited scientific evidence linking gas flaring to harmful pollutants such as methane, carbon dioxide, nitrogen oxides, and particulate matter, substances associated with respiratory illnesses, cancers, skin diseases, reproductive health complications, acid rain, soil degradation, water contamination, biodiversity loss, and declining agricultural productivity.
Despite Nigeria’s commitments to reducing gas flaring, the coalition noted, the country remains among the top gas-flaring nations globally, largely due to weak enforcement and ineffective penalty mechanisms.
Under Executive Order 9, penalties imposed on oil and gas companies are remitted into the Federation Account through the Nigerian National Petroleum Company Limited (NNPC Ltd.).
The groups argued that this effectively converts environmental violations into government revenue, while affected communities receive little or no remediation.
They referenced a 2019 Supreme Court ruling affirming that the right to a clean and healthy environment is inseparable from the right to life, and that citizens and civil society organisations have legal standing to hold polluters accountable.
The coalition also cited the Petroleum Industry Act (PIA) 2021, particularly Section 104, which prohibits gas flaring except under legally permitted conditions, and Section 52(14), which mandates that gas flare penalty funds be applied to gas infrastructure development and community projects.
Expressing concern over reports by the Nigeria Extractive Industries Transparency Initiative (NEITI) and National Assembly oversight committees, the organisations noted persistent arbitrary gas flaring, high default rates in penalty payments, delayed remittances, and weak enforcement mechanisms.
They warned that any executive action redirecting gas flare penalties away from their legally mandated purpose without legislative approval would contravene existing law and undermine constitutional processes.
The coalition also alleged that significant portions of gas flare penalty funds have been held by the Central Bank of Nigeria for years, and that distributing such funds nationally, rather than deploying them in affected communities, places the burden of pollution on victims while benefits are shared elsewhere.
The groups urged the President to take two immediate actions: remove gas flaring penalties from funds remitted into the Federation Account, and ensure that all accrued and future penalty funds are dedicated exclusively to environmental remediation, health interventions, poverty reduction, and sustainable development in the Niger Delta.
“Gas flaring penalties must serve their true purpose as deterrents. Penalising pollution must never become a business model,” the coalition said.
They stressed that sustainable peace in the region remains fragile without visible environmental justice, calling on the administration’s Renewed Hope Agenda to prioritise the welfare of oil-producing communities.
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