The Federal High Court in Abuja has granted an application for judicial review regarding the Federal Ministry of Environment’s refusal to grant Natural Justice and Ofunene community access to Environmental Impact Assessment records concerning the Ajaokuta-Kaduna-Mano gas pipeline.
Justice Nkeonye Maha granted the application on Tuesday after taking arguments from parties in the suit.
The application challenges the withholding of documents related to the Environmental Impact Assessment for the Ajaokuta-Kaduna-Kano gas pipeline from concerned civil society organizations.
Background
Natural Justice, representing a local community concerned about the pipeline project’s impact on their drinking water source, applied.
The Ajaokuta-Kaduna-Kano gas pipeline (AKK) is under development by the Nigeria National Petroleum Company Ltd and a Chinese contracting firm.
This project marks the initial phase of a broader initiative aiming to transport Natural Gas from southern Nigeria, through Niger Republic, to Algeria in North Africa, and eventually to Europe (The Trans Saharan Gas Pipeline Project).
To better understand the project and its potential effects, Natural Justice sought information on the Environmental Impact Assessment, which was not provided.
Resorting to Nigeria’s Freedom of Information (FoI) Act, Natural Justice filed a request on January 8, 2024.
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However, with no response received within the stipulated 7-day period, Natural Justice approached the Federal Court to seek judicial review of the agency’s failure or refusal to grant access to the requested information.
Reliefs sought
Natural Justice is seeking an order to compel the provision of project documents to the public.
Additionally, they are requesting the court to order an amendment to the law pertaining to Environmental Impact Assessment (EIA) documents, aiming to enhance public accessibility.
They submitted that the recognition of Freedom of Information by the Nigerian government is crucial to safeguard communities from the adverse effects of projects, uphold the right to a healthy environment, enable public participation, and ultimately achieve environmental justice.
They said presently, EIA documents are deposited in a specific institution for a mere two weeks, within which comments on the EIA must be submitted. They noted that this timeframe does not allow for sufficient engagement with the EIA contents and contravenes the principles of administrative and environmental justice.
Micheal Karikpo, Natural Justice Attorney, emphasizes that governments and project developers often externalize environmental and social costs, prioritizing profit over community well-being.
