A Federal High Court sitting in Warri, Delta State, has directed the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) to immediately enforce the host Communities Development Trust provisions outlined in the Petroleum Industry Act (PIA), relying on the existing Federal Government Gazette that recognizes coastal host communities.
The court determined that the commission lacks the legal authority to postpone the process pending any review exercise.
In a landmark judgment 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 recognized host communities under the Host Communities Development Trust Fund on the grounds that some communities were allegedly omitted from the gazetted list.
The suit was filed 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 NBC, the NUPRC, and several representatives of affected coastal communities in Delta and Ondo states.
The applicants had sought judicial interpretation of the powers of the NBC 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 applicants 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 judgment, the court ruled that the NBC, 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 the implementation of the provisions of Chapter 3 of the PIA in Nigeria, and I so hold.
“The 2nd Defendant (NUPRC) has no such powers under the relevant statutory provisions,” the judge said.
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 recognized and listed in the publication.
According to the judge, the proper remedy available to omitted communities was to seek review and inclusion through the NBC 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, the court stated that official government acts are presumed regular and valid unless successfully challenged.
Justice Nganjiwa emphasized 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.
“The report for the delineation which has been accepted and gazetted by the Federal Government of Nigeria is valid,” the court held.
The judge also criticized the attempt by the NUPRC to revisit the exercise after the Gazette had already been issued.
“To raise this issue at this stage, I am of the opinion that it is too late in the day,” the court stated.
Having resolved all issues in favor of the applicants, the court granted the reliefs sought and issued a mandatory injunction compelling the defendants, their agents, and representatives to implement Chapter 3 of the Nigerian Upstream Petroleum Host Communities Development Regulations, 2022, based on the existing Gazette.
The court made no order as to costs.
