In a landmark ruling that reinforces public access to environmental information, the Federal High Court in Lagos has ordered the Federal Government of Nigeria to release detailed data on gas flaring by oil and gas companies operating in the country.
Justice A.O. Faji, presiding over Suit No. FHC/L/CS/251/2021, granted the application filed by the Human and Environmental Development Agenda (HEDA Resource Centre), issuing an order of mandamus compelling the President of Nigeria and the Minister of Finance to disclose critical information on gas flaring activities between 2015 and 2020.
Specifically, the Court ordered the Respondents to release the following: the names of all oil and gas companies involved in gas flaring in Nigeria; the volumes of gas flared by each company; the penalties due from the companies for gas flaring; and the actual penalties paid within the five-year period.
Justice Faji upheld HEDA’s argument that access to such information is essential for environmental justice, public accountability, and responsible governance in the extractive industry.
The court rejected the government’s legal team’s attempts to dismiss the suit, ruled the application was meritorious.
HEDA initiated the suit following the government’s failure to respond to repeated Freedom of Information (FOI) requests submitted to the Ministry of Petroleum Resources, then under the direct supervision of the President, and the Ministry of Finance.
Reacting to the judgment, HEDA Chairman, Mr. Olanrewaju Suraju, hailed the verdict as a significant victory for environmental justice advocates, anti-corruption campaigners, and the Nigerian public.
Reacting to the judgment, HEDA’s Chairman, Mr. Olanrewaju Suraju, described the Court’s decision as a significant win for environmental rights defenders, anti-corruption advocates, and the Nigerian public.
“This is a precedent-setting judgment. It affirms the power of civic engagement and the relevance of the judiciary in protecting environmental rights,” Suraju said.
“With this ruling, the Government is compelled to be transparent about the operations of oil and gas companies and the true environmental cost of their activities.”
He stressed that HEDA will not relent in pushing for the full enforcement of the court’s judgment, including the imposition of sanctions on defaulting oil and gas companies.
The organisation also plans to advocate for the proper channelling of gas flaring penalties into climate adaptation and sustainable development projects.
HEDA further urges all stakeholders — including civil society groups, the media, and the international community — to join in demanding transparency and accountability from both the Nigerian government and the extractive industry.
This case, the group noted, underscores the critical role of the judiciary in upholding environmental justice when government institutions fail to act in the public interest.