NUPRC VERSUS NMDPRA: ASSESSING THE INSTITUTIONAL SLIP AND REGULATORY OVERLAP UNDER THE PETROLEUM INDUSTRY ACT 2021

Abstract

he enactment of the Petroleum Industry Act (PIA) 2021 dismantled Nigeria's legacy monolithic energy governance model under the defunct Department of Petroleum Resources (DPR), introducing a bifurcated regulatory structure. This article examines the institutional split between the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), critically assessing the resulting regulatory overlaps and bureaucratic friction. Employing a doctrinal legal research methodology, this paper conducts a systematic analysis of the statutory provisions of the PIA 2021 alongside relevant administrative directives. The article reveals that the Act creates porous jurisdictional boundaries, resulting in severe regulatory duplication over integrated petroleum facilities, concurrent mandates regarding the custody of Decommissioning and Abandonment escrow funds, and conflicting authority at crude oil export measurement terminals. These structural overlaps create duplicative compliance burdens for operators, increase transaction costs, and weaken investor confidence, proving that current ad-hoc executive balancing acts are insufficient for long-term industry stability. The article recommends targeted legislative amendments to clarify physical asset boundaries, the institutionalisation of a mandatory single-window licensing regime for integrated operations, and the statutory establishment of a permanent joint-regulatory dispute resolution committee to replace temporary presidential fixes and secure a predictable regulatory environment