HEDA Resource Centre v. Nigerian Government (gas flaring)

In early 2021, the Human and Environmental Development Agenda Resource Center submitted a formal complaint to the Federal High Court of Lagos. The complaint challenged the failure of multiple Nigerian government institutions to respond to HEDA’s Freedom of Information (FOI) request. The request for FOI was regarding gas flaring in the country, as HEDA was seeking access to detailed records on gas flaring, involved parties, and penalties from the Federal Ministry of Environment, the Nigerian National Petroleum Corporation, and other relevant agencies. HEDA contended that the agencies failure to respond to the request violates the provisions of the FOI Act, 2011, which protects the right of members of the public to request and obtain information from public institutions within seven days. The actual request was submitted to promote transparency in Nigeria’s extractive industries, as gas flaring has been a long-standing environmental and public health risk in Nigeria. Even though environmental regulations and financial penalties for gas flaring are outlined in the Associated Gas Re-Injection Act, HEDA questioned the inconsistent enforcement of the law. In terms of relief, HEDA’s complaint sought for the court to order the government to release a list of companies issued permits to flare gas, the volumes of gas flared by each company from 2016-2021, the penalties imposed on these companies, records of penalties paid, and any additional documentation related to enforcement actions or non-compliance. HEDA also grounded its claims in Nigeria’s obligations under international human rights and environmental treaties focused on climate change mitigation, such as the Paris Agreement. In May of 2025, the Federal High Court ruled in favor of Lagos, ordering the government to release the requested documents. The court found that the release of the information was of public interest and that the Federal Government had no legal grounds for withholding the information.