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IN THE FEDERAL HIGH COURT OF NIGERIA [N THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON MONDAY, THE 5™ DAY OF FEBRUARY, 2024

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(ft) 
concerning rights of way and pertaining to surface rights; 
(s) 
relating 
to 
the 
retail, 
sale 
and 
distribution 
of petroleum 
products; 
(t) 
conterning dispute resolution and customer protection; 
(u) sregulating 
pricing regimes 
for midstream 
and downstream 
petroleum operations; 
(v) 
establishing fees payable to the Authority subject to section 3 
(1) (i) of this Act; 
; 
(w) concerning competition and anti-competitive behaviour; 
(x) 
establishing 
public and 
non-public 
registries 
in 
respect 
of 
licences, permits and authorisations issued by the Authority, to 
be maintained by the Authority; and 
(v) 
any other matters as may be determined by the Authority 
under this Act which includes imposition of gas flare penalty 
arising from midstream operations which shall be for the credit 
of the Midstream and Downstream Gas Infrastructure Fund, 
and 
shall 
be 
utilised 
for midstream 
and downstream 
gas 
infrastructure investment within 
the Host Community 
of 
a 
designated Facility. 
S. 47 (2) The source of the Authority Fund shall be — 
(A) 
seessessssseceesunssstsestsstessussssitustusassnsiusssseeceeeeseccce 
(c) 
0.5% of the wholesale price or petroleum products sold 
in 
Nigeria. 
which 
shall 
be 
collected 
from 
wholesale 
customers; 
- 
JUDGEMENT IN IHS (NIGERIA) LTD, & ANOR. v. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULATORY AUTHORITY 
SUIT NO: FHC/ABI/CS/1480/2023 
>