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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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the facilities and pipelines are operated by the licensee on an 
open access basis. 
(4) 
The! 
Authority 
shall 
encourage 
third 
party 
investment 
in 
facilities 
and 
pipelines 
for 
midstream 
and. 
downstream 
petroleum operations. 
(5) 
The Authority may make regulations on tariffs, which shall’ be 
consistent with the tariff methodology set out in this Act. 
(6) 
The Authority may make such other regulations consistent with 
the fegulatory functions of the Authority under section 32 of 
this Act. 
S.126 
In addition to any matter provided under section 113 of this Act, the 
Authority may issue regulations with 
respect 
to midstream and 
| 
downstream gas operations, which shall include- 
(a) 
the establishment and operation of a wholesale natural gas 
market scheme to ensure continuity of supply of natural gas to 
customers, which will apply to the owners and operators of gas 
transportation pipelines, shippers of natural gas, holders of 
natural gas storage and distribution licences and gas retailers; 
and 
(b) 
matters ancillary to or consequential on the activities set out in 
paragraph (a). 
S. 175 In addition to any matter provided under section 113 of this Act, the 
Authority may issue regulations with 
respect 
to midstream and 
downstream petroleum liquids operations, which shall include— 
(a) 
the establishment and operation 
of 
a wholesale market to 
ensure 
the continuity 
of supply 
of petroleum 
products 
to 
JUDGEMENT IN JHS (NIGERIA) 
LTD, & ANOR. 
v. THE NIG, MIDSTREAM & DOWNS: STREAM PETROLEUM REGULATORY AUTHORITY 
SUIT NO: FHC/ABI/CS/1480/2023