A Federal High Court sitting in Warri, Delta State, has ordered the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) to immediately implement the Host Communities Development Trust provisions under the Petroleum Industry Act (PIA) based on the existing federal government Gazette recognising coastal host communities, holding that the agency lacks the legal authority to delay the process pending any review exercise.

In a landmark judgement delivered on May 6, 2026, Justice Hyeladzira Nganjiwa held that only the National Boundary Commission (NBC) possesses the statutory powers to determine and delineate littoral host communities for the implementation of Chapter 3 of the PIA.

The court consequently restrained the NUPRC from withholding benefits due to recognised host communities under the Host Communities Development Trust Fund on the ground that some communities were allegedly omitted from the gazetted list.

The suit was instituted by Chief Joseph O. Wuruyai, Chief Matthew Pudie, Babajide Ololade Olokodana, Oladipupo Kehinde Jimoh, Chief Ayodele J. Busiga, Mathew Adebogun Badejo, Esubiyi Ifasanya Shuaibu and Prefa Tariere Tokoni against the National Boundary Commission, the NUPRC, and several representatives of affected coastal communities in Delta and Ondo states.

At the proceedings, A.L. Onodjefemue, and Augustine Akpojaro Esq. appeared for the plaintiffs on the instruction of A. Alabi Lawal, SAN, while Mr. V.N. lfeanyi represented the 2nd defendant on the brief of Sunday Onubi. Prince Clem Omotoye appeared for the 3rd to 7th defendants and also held the brief of Ahmed Raji, SAN.

The plaintiffs sought judicial interpretation of the powers of the National Boundary Commission under Sections 7(c) and (f) of the National Boundary Commission (Establishment) Act, 2006, and Regulation 6(2)(a) of the Nigerian Upstream Petroleum Host Communities Development Regulations, 2022.

They asked the court to determine whether the NBC Gazette identifying host communities within 500 metres of the buffer along the coastlines of Lagos, Ogun, Ondo, Delta and Akwa Ibom states was binding on the NUPRC for the implementation of the Host Communities Development Trust Fund.

The plaintiffs also challenged the competence of the NUPRC to undertake any independent delineation or review of host communities already identified and gazetted by the NBC.

In resolving the dispute, Justice Nganjiwa held that the statutory provisions governing host community delineation were “clear and unambiguous.”

In the judgement, the court ruled that the National Boundary Commission, and not the NUPRC, is legally empowered to determine and delineate littoral communities for the implementation of the PIA.

“From the foregoing, I am convinced and of the opinion that it is the 1st defendant (NBC) that is statutorily empowered to undertake the determination and delineation or delimitation of host communities, which includes littoral communities, for the purpose of implementation of provisions of Chapter 3 of the PIA in Nigeria, and I so hold,” the judge said.

“The 2nd defendant (NUPRC) has no such powers under the relevant statutory provisions.”

The court noted that although the NUPRC admitted that the NBC validly issued and gazetted the National Boundary Commission (Host Communities within 500 Metres of the Buffer along Coastlines of Lagos, Ogun, Ondo, Delta and Akwa Ibom states) Regulations, 2024, the agency argued that several communities in Bayelsa, Rivers and parts of Delta State were excluded from the Gazette.

The NUPRC told the court that following protests and petitions from affected communities, it constituted a committee to verify compliance with the applicable regulations and was collaborating with the NBC to amend the Gazette.

However, the court faulted the position of the regulatory commission, holding that the existing Gazette remained valid and binding until lawfully amended or set aside.

Justice Nganjiwa held that the omission of some communities from the Gazette could not justify withholding benefits from communities already recognised and listed in the publication.

According to the judge, the proper remedy available to omitted communities was to seek review and inclusion through the National Boundary Commission rather than suspend implementation of the Gazette.

The court further held that the Gazette enjoys a presumption of validity under Section 168(1) of the Evidence Act, 2011.

Relying on judicial authorities, including Amobi v. Ogidi Union Nigeria and Imade v. Military Administrator, Edo State, the court stated that official government acts are presumed regular and valid unless successfully challenged.

Justice Nganjiwa emphasised that the NBC had already completed the delineation exercise, submitted its report to the federal government and published the outcome in the Federal Republic of Nigeria Official Gazette No. 48, Vol. 111 of March 18, 2024. (Arise News)

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