Public participation in energy governance
The thesis examines how public participation in energy governance can be made more effective in Nigeria. It addresses the gap between the formal recognition of participation in law and the limited influence that affected communities may have over decisions concerning energy projects.
The research develops and refines Perlaviciute’s 4D normative framework (Dialogue, Diversity, Deliberation and Decision-making Power) as a basis for assessing whether participation is meaningful rather than merely procedural.Using doctrinal and comparative legal analysis, the thesis examines regional public participation frameworks, including the Aarhus Convention and Escazú Agreement, Nigerian energy and environmental legislation, and Impact and Benefit Sharing Agreements (IBSAs) developed in jurisdictions including Canada and Australia.
It combines this legal analysis with empirical research involving public officials, members of the public and community stakeholders, including scenario-based survey experiments and follow-up interviews.The research finds that Nigerian public participation frameworks provide important opportunities for information disclosure and consultation but do not consistently secure diversity, deliberation or meaningful influence over decision-making. IBSAs can provide greater opportunities for negotiation, legally binding commitments and community influence, but participants did not regard private agreements as a sufficient replacement for public law. The empirical findings instead indicate a preference for combining the two approaches.
The thesis therefore proposes a hybrid participatory framework in which public law provides procedural safeguards, transparency, accountability and regulatory oversight, while IBSAs complement these mechanisms through project-level negotiated participation. It concludes that effective participation requires the interaction of dialogue, diversity, deliberation and decision-making power, supported by legal and institutional arrangements capable of translating participation from formal compliance into meaningful influence.