In a landmark judgment affirming the public’s right to environmental accountability and transparency, the Federal High Court sitting in Lagos has granted the application of the Human and Environmental Development Agenda (HEDA Resource Centre), compelling the Federal Government of Nigeria to release critical information on gas flaring activities in the country.
Delivering judgment in Suit No. FHC/L/CS/251/2021, Justice A.O Faji ruled in favour of HEDA’s request for an order of mandamus, thereby directing the President of the Federal Republic of Nigeria and the Minister of Finance to provide detailed data on oil and gas companies flaring gas in Nigeria between 2015 and 2020.
Specifically, the Court ordered the Respondents to release the following: Names of all oil and gas companies involved in gas flaring in Nigeria; Volumes of gas flared by each company; Penalties due from the companies for gas flaring; and Actual penalties paid within the five-year period.
The judgment, upheld HEDA’s position that public access to such data is fundamental to environmental justice and national accountability. Despite efforts by the Respondents’ legal team to have the suit struck out, the Court held that the application had merit and granted the reliefs sought.
This legal victory stems from HEDA’s broader campaign for environmental justice, climate accountability, and transparent governance in Nigeria’s extractive sector. HEDA had initiated the suit after repeated Freedom of Information (FOI) requests to Ministry of Petroleum Resources with President as Minister and Finance Minister went unacknowledged.
Reacting to the judgment, HEDA’s Chairman, Mr. Olanrewaju Suraju, described the Court’s decision as a major 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. 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,” said Suraju.
He emphasized that HEDA will continue to pursue full enforcement of the judgment and advocate for sanctions against erring corporations, in addition to pressing for the utilization of gas flaring penalties for climate adaptation and development initiatives.
HEDA calls on all stakeholders including civil society, the media, and the international community to join in demanding accountability from both the Nigerian Government and extractive companies operating in the country. This case reaffirms the importance of judicial action in enforcing transparency and environmental justice, especially where administrative silence has failed the public interest.
