The Petroleum Industry Act has robustly provided for dealing with host community issues by the introduction of the Host Community Development Trust. The Nigerian Upstream Petroleum Regulation Commission (NUPRC) has the mandate to manage the trust. The Commission has in a press briefing on 9th Septenber 2024, stated that it has facilitated the contribution of about 200 Billion Naira for the development of the Oil and Gas Host Communities.
The Incorporated Trustees of Accountability Lab an NGO working around development, governance and extractives has sued the Nigerian Upstream Petroleum Commission (NUPRC) (suit No: FHC/B/CS/77/2024) under the Freedom of Information Act of 2011.
The Federal High Court sitting in Benin City after hearing the application, ordered the applicant to proceed to file an application for judicial review against Nigerian Upstream Petroleum Regulatory Commission for failure to disclose public information to the applicant as requested. The applicant on the 17th day of July 2024 sent an FOI request to the Nigerian Upstream Petroleum Regulatory Commission seeking for the information and records on the list of companies that have paid 3% of their operating expenses to the Host Community Development Trust incorporated in Akwa Ibom, Delta, and Rivers States.
Also, the NGO is seeking to know how much the 3% amounts to in each of the Trusts. Also, the requester wants an evidence of fines paid or notice of revocation of licenses issued to companies that failed to meet up with August 15, 2023, the deadline of establishing trust as provided by paragraph 9 (2) of the enabling law.
On September 9, 2024, the NUPRCs Chief Executive, Mr. Gbenga Komolafe disclosed during the inauguration of the body of Neutrals of the Alternative Dispute Resolution Centre of the Commission that the sum of 60 Billion Naira was raised in the local currency while $100Million USD was facilitated in foreign currency. It however regretted that the funds had been unutilized due to various disputes and litigations.
Hon. Justice B.O Quadri in its ruling granted the application and fixed hearing of the originating application on 24th October, 2024. The motion was argued by Miss Rosemary NWAOGWUGWU, ESQ of FOI Counsel, a human rights organization that supports NGO seeking public records.