The Flare Gas (Prevention of Waste And Pollution) Regulations, 2018: A New Dawn?

Following the suspension of the Nigerian Gas Flare CommercialisationProgramme (the “Programme”) in Q4 of 2017, by the Federal Government of Nigeria due to the lack of sufficient regulations to guide the Programme amongst other reasons, the President of the Federal Republic of Nigeria, who doubles as the Minister of Petroleum Resources recently, on 5 July 2018 made the Flare Gas (Prevention of Waste and Pollution) Regulations, 2018 (the “Regulations”). The Regulations seek the reduction of environmental/social impact caused by the flaring of gas, protection of the environment, prevention of waste of natural resources and creation of social and economic benefits from flare gas capture.

In this briefing note, we have highlighted salient provisions of the Regulations vis-à-vis practical commercial issues with regards to the implementation of the Programme.

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A DECADE POST THE PENSION REFORM ACT 2014: ANY NEED FOR CHANGE?

Nigeria’s pension system has undergone significant transformations since its inception in 1951. Initially plagued with malpractices, budgetary issues, weak administration, and a lack of accountability, the system has evolved into a defined contribution scheme for both public and private sector employers and employees. In 2004, the Federal Government enacted the Pension Reform Act 2004 (“PRA 2004”), instituting the Defined Contributory Pension Scheme (“CPS”) and establishing the National Pension Commission (the “Commission”) as the regulatory authority.

IMPACT OF THE NEW PRICING OF NATURAL GAS FOR THE NIGERIAN DOMESTIC GAS MARKET

Nigeria is said to have 206.53 trillion cubic feet (tcf) of untapped proven gas reserves with an estimated recoverable gas reserve of 139.4 tcf. Despite the abundance of gas reserves, the production and development of gas have not been optimally harnessed. This is largely attributable to the capital-intensive nature of gas production. However, the Federal Government of Nigeria (FGN) has continued to formulate policies , enact laws and make regulations that will enhance the development and utilization of Natural Gas and availability of Natural Gas for the domestic market.

AN ANALYSIS OF THE EFFICACY OF MINORITY PROTECTION UNDER NIGERIAN COMPANY LAW

The protection of the minority shareholders within the domain of corporate activity constitutes one of the most difficult problems facing modern company law. It is not unusual to find majority shareholders running a company in an illegal or oppressive mode irrespective of provisions of the laws regulating the operation of companies in Nigeria or managing the company in an oppressive manner detrimental to the rights of the minority shareholders.