Jurisdictional Conflicts in Petroleum Free Zones: Comparative Lessons from Nigeria, Ghana and Tanzania
Usman Ibrahim, Kasim Abdullahi Sulaiman, Abiodun Amuda-Kannike San
National Institute for Legislative and Democratic Studies, Kwara State University
Nigeria's free trade zone regime, designed to attract foreign direct investment and promote export-oriented industrialisation, is currently undermined by a protracted jurisdictional conflict between the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and the Oil and Gas Free Zones Authority (OGFZA) over regulatory authority over petroleum operations within the Dangote Industries Free Zone. This dispute has resulted in conflicting vessel clearances, duplicative compliance costs, confusion among security agencies, and significant risks to national energy security and investor confidence. This paper aims to: (i) examine the legal and institutional frameworks governing free zones in Nigeria, Ghana, and Tanzania; (ii) analyse the causes and consequences of Nigeria's NMDPRA-OGFZA jurisdictional conflict; (iii) evaluate Ghana's unified free zone model (GFZA) and Tanzania's centralised EPZ/SEZ model as comparative case studies; and (iv) draw practical lessons for resolving Nigeria's regulatory fragmentation. The paper adopts a doctrinal legal research methodology, combining statutory interpretation of enabling laws (PIA 2021, OGFZA Act 1996, Ghana's Free Zone Act 1995, Tanzania's EPZA Act) with comparative institutional analysis. The paper finds that Ghana's unified model, which integrates oil and gas regulation through a dedicated Oil and Gas Department within GFZA established under the Petroleum (Local Content and Local Participation) Regulations 2013, eliminates jurisdictional ambiguity through institutional integration and formalised collaboration with sector regulators. Tanzania's centralised EPZA model demonstrates the operational benefits of a single licensing regime, one-stop service centre, and transparent investor charters. In contrast, Nigeria's fragmented approach characterised by the coexistence of NEPZA, OGFZA, and NMDPRA without statutory proper coordination creates overlapping mandates, adversarial inter-agency relations, and regulatory uncertainty. The paper recommends that Nigeria adopt legislative amendments to either: (i) integrate OGFZA into a unified free zone authority with a dedicated oil and gas department, following Ghana's model; or (ii) amend the PIA to expressly include free zones within NMDPRA's exclusive jurisdiction, supported by statutory coordination mechanisms
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