Integrating ibsa s into Nigeria’s Energy Framework: Insights from Canada and Australia

Public participation is recognized as essential for equitable and sustainable energy development. However, in Nigeria, existing legal framework for public participation, such as the Environmental Impact Assessment ( eia ) Act fall short of ensuring meaningful engagement and benefit sharingwith host communities. This article examines the potential of Impact and Benefit Sharing Agreements ( ibsa s) as a complementary tool to existing statutes, drawing lessons from jurisdictions like Canada and Australia, where ibsa s have been used to foster Indigenous participation, ensure fair compensation, and enhance environmental protection. Through comparative legal analysis, the article identifies five key conditions necessary for the successful adoption of ibsa s. By evaluating the relevant Nigerian laws, the article highlights both areas of alignment and divergence between the Nigerian legal framework and the ibsa s. The article concludes that while Nigeria has taken steps towards public participation, more legal reforms are needed to enable the integration of ibsa s into the Nigerian jurisprudence, for an even more inclusive decision-making process.