The Legal Lacuna of Petroleum Hydraulic Fracking in Nigeria: Lessons from the United States and the United Kingdom

The crude oil, gas and energy global setting is rapidly changing owing to the concern for global warming and the quest for alternative renewable and sustainable energy sources. Notwithstanding the debate for the replacement of fossil fuel (with cleaner energy sources), petroleum production is likely to continue in the foreseeable future. Technological innovations in the petroleum industry sectors are making the exploitation and production of petroleum more effective. Three of such innovations are the cutting-edge technologies of horizontal drilling, plasma-pulse and hydraulic fracking systems, which facilitate progressive oil and gas extraction from shale rock formations that were previously unreachable. Nonetheless, in using horizontal drilling and hydraulic fracking, there are legal and social concerns over the devastation of the ecosystem and several health hazards, including the pollution of the environment from radioactive materials, contamination of water and the ecosystem. Studies on the effect of hydraulic fracking in Nigeria’s petroleum industries are very scarce, so also is the conspicuous gap in the extant laws on the subject matter. Hydraulic fracking is used by petroleum production corporations in Nigeria at the onshore and offshore petroleum acreage, even though there are no statutory obligations for disclosure. By assessing the regulatory models of the United States and the United Kingdom in view of the possible consequential effects of the hydraulic fracking technology in petroleum production, this article argues that there is a grave danger due to the conspicuous vacuum in the legal framework to address and regulate fracking technology in Nigeria. It thus highlights the consequences of the lack of regulatory frameworks, transparency and efficient disclosure mechanisms in the oil and gas industry in Nigeria.