INTRO — why you should read this now
Quick note up front: the
5% charge is expressly written into Chapter Seven (sections 159–162) of the new
Nigeria Tax Act, 2025 as a “surcharge imposed at 5% on chargeable fossil fuel
products provided or produced in Nigeria..." The finance minister by
virtue of his power had stated that implementation of the 5% fuel tax (as it’s
come to be known) would commence on 1 January 2026.
Having said that: Picture your monthly transport/energy bill like a
leaking bucket. For months you’ve been scooping water — wages, transfers, pay
cheques — into it. Now someone told you they’re dropping a small hole in the
bucket called “5% fuel surcharge.” It sounds small. But leaks multiply across
weeks and months. If you don’t patch or reduce the flow, that “small” hole can
leave your household or business waterless. That’s the simple reality behind
the 5% surcharge: it’s a percentage added to the retail price of (most)
fossil-fuel products sold in Nigeria. It’s small as a percent, but when applied
to high pump prices and heavy usage, the real-world burden can be heavy. In
this article I will walk you through seven must-know facts, and the practical
action plan you can use now to soften the blow — legally.
QUICK FACTS (at-a-glance)
• What it is: A 5% surcharge on chargeable fossil fuel products
(explicit in Chapter 7, sections 159–162 of the Nigeria Tax Act 2025).
• When it starts: The law states a commencement order will set the
effective date; the government has indicated implementation will be staged with
a target commencement 1 January 2026, but a formal Gazette order is required;
the finance minister has clarified there is no automatic/instant implementation
without that order.
• How it’s calculated: Surcharge is computed on the retail (pump) price
of chargeable fossil-fuel products; the chargeable transaction is “supply, sale
or payment — whichever occurs first.”
• Collection/administration: The tax authority (i.e., Nigeria Revenue
Service (NRS) as it’s called now based on the new Nigeria Tax Act, 2025) to
administer and collect the surcharge on fossil fuel products in Nigeria.
Section 3 (1a) of the Nigeria Tax Act, 2025 expressly stated that the Nigeria
Revenue Service (in this Act referred to as “the Service”) which established
under the Nigeria Revenue Service (Establishment) Act, 2025, shall have
exclusive responsibility to administer...surcharge on fossil fuels”
• Exemptions: Clean/renewable energy, household kerosene, cooking gas
(LPG) and compressed natural gas (CNG) are explicitly exempt.
1. What the law actually says
The short official version (translated from the Act): A 5% surcharge
will be applied on chargeable fossil fuel products when a chargeable
transaction happens. The statute defines the transaction as the first of
supply, sale or payment. The surcharge is calculated on the retail price. The
Minister can announce when the surcharge will start (via Gazette), and the tax
authority will collect monthly. Some products are excluded: renewables,
household kerosene, LPG (cooking gas) and CNG.
Why these details matter:
- “Retail
price” means the surcharge is applied to the final pump price; if pump
prices rise, the 5% increases in absolute naira value.
- The “supply,
sale or payment” rule could mean the surcharge is triggered at different
points in the supply chain depending on where the product changes hands —
real-world logistics matter.
- Ministerial
commencement is required: the law exists now, but it’s been mentioned to
commence on 1 January, 2026.
2. Who pays, who collects, and how (practical mechanics)
Who physically pays? End
consumers at the pump or whoever buys the fuel product in a chargeable
transaction. In practice, petrol/diesel customers paying at filling stations
will see the surcharge included in the pump price (or as a visible line item
depending on retailer practice and regulation).
Who collects? The
tax authority (i.e., Nigeria Revenue Service) via monthly collection. The Act
empowers the Service to issue administrative rules.
Point of charge: Since
the law uses retail price and "supply/sale/payment", expect
collection at retail sale or at the point a distributor sells to retailers
(practical implementation to be clarified by regulations).
3. Who and what is exempt (and what ‘clean energy’ means)
The law explicitly excludes:
- Clean or
renewable energy products (defined to include solar, wind, hydro,
geothermal, and plant/animal waste energy sources).
- Household
kerosene (often used for domestic lighting/cooking in lower-income
settings).
- Cooking gas
(LPG).
- Compressed
natural gas (CNG).
This means switching some uses to LPG or CNG (where practical and
available) could help you avoid the surcharge. The law’s design nudges toward
cleaner fuels, at least on paper — but availability, infrastructure, upfront
conversion costs, and adoption barriers are very real in many parts of Nigeria.
Table 1: Chargeable vs. Exempt Fuel Products
Product |
Surcharge Applied? |
Petrol |
✅ Yes |
Diesel |
✅ Yes |
Household Kerosene |
❌ No |
Cooking Gas (LPG) |
❌ No |
Compressed Natural Gas (CNG) |
❌ No |
Solar, Wind, Hydropower |
❌ No |
4. Exactly how much will it add to pump price?
Let’s do clear, precise examples so the numbers are not vague. Rule:
surcharge = retail price × 5%. Examples using recent pump price benchmarks
(regional pump prices vary; we use published figures as examples):
Example A — Dangote announced price (recent): ₦820 per litre (Dangote’s
local pricing move was widely reported as a real market price point).
• Calculation: ₦820 × 0.05 = ₦41.00
• Surcharge per litre: ₦41.00
• New retail price if the surcharge is applied directly and fully passed
through = 820 + 41 = ₦861.00
Example B — Common Lagos pump point (published example): ₦841 per litre.
• Calculation: ₦841 × 0.05 = ₦42.05
• Surcharge per litre: ₦42.05
• New retail price = 841 + 42.05 = ₦883.05
Example C — Earlier reported higher pump: ₦998 per litre (Reuters
reported N998 after subsidy changes in 2024).
• Calculation: ₦998 × 0.05 = ₦49.90
• Surcharge per litre: ₦49.90
• New retail price = 998 + 49.90 = ₦1,047.90
Table — quick comparison
Example pump price (₦/L) |
5% surcharge (₦/L) |
New price (₦/L) |
820 |
820 × 0.05 = 41.00 |
820 + 41 = 861.00 |
841 |
841 × 0.05 = 42.05 |
841 + 42.05 = 883.05 |
998 |
998 × 0.05 = 49.90 |
998 + 49.90 = 1,047.90 |
(Sources for sample pump numbers: Dangote/market reports and Reuters
coverage for sample historical benchmarks.)
What this looks like for a commuter
If you drive 40 litres per week (≈160 litres/month — a reasonable
estimate for many urban commuters with daily driving):
- At ₦820/L,
surcharge per litre ₦41 → monthly extra = 41 × 160 = ₦6,560 per month.
- At ₦841/L,
surcharge per litre ₦42.05 → monthly extra = 42.05 × 160 = ₦6,728 per
month.
- At ₦998/L,
surcharge per litre ₦49.90 → monthly extra = 49.90 × 160 = ₦7,984 per
month.
Monthly arithmetic (step-by-step):
- 41 × 160 =
6560 (₦6,560)
- 42.05 × 160 =
6728.0 (₦6,728)
- 49.90 × 160 =
7984.0 (₦7,984)
So even though the surcharge is “only” 5%, the monthly household impact
can run into thousands of naira — and that’s before second-round effects
(transport fare increases, food price pass-through, logistics cost hikes).
5. How big is the government’s prize (and why that matters)
Analysts and press reports have quoted government projections that the
5% surcharge on refined petroleum products could bring in roughly ₦~796 billion
annually (figures vary based on pump prices and volumes sold). This gives you a
sense of scale — for government finances, that’s a meaningful revenue stream;
for households, it explains why the government sees the measure as revenue
mobilization plus climate incentive.
Why that matters in practice:
- Once reported
revenue targets exist, policy incentives to implement and collect the
surcharge rise. That can mean stricter enforcement, faster administrative
rollout, and pressure on market participants (refiners, marketers) to pass
costs to consumers.
- Political
response will also factor — civil society, labour unions and consumer
groups have signalled opposition; the government has already said it will
not issue a commencement order without deliberation despite the fact that
the commencement date has been fixed for 1 January, 2026. Meanwhile,
expect negotiations, clarifications, and possibly phased implementation
because as they say ‘every cow dreads the sight of a knife’.
6. When is it to commence?
It’s been announced that the full implementation of the 5% surcharge on
fossil fuel (i.e., fuel tax) will commence on 1 January, 2026. The Minister has
also emphasized stakeholder consultations and that the administration is
mindful of cost-of-living pressures Expect the Service to issue administrative
regulations on how to compute, report and remit the surcharge (monthly). Also
expect clarifications on point of collection, invoicing and whether retailers
must show the surcharge as a separate line item on receipts. The bottom-line
is: Don’t be surprised by public debate, but do prepare as if the surcharge
will be implemented — the legal scaffolding exists and officials have set a
start window (Jan 1, 2026) even while promising consultation and a formal Gazette
step.
7. Practical, legal ways to prepare and protect your wallet or business
I cannot advise you with tax evasion or illegal avoidance. Therefore,
the suggestions below are legal, practical ways to reduce reliance on costly
fuel or to restructure usage and costs. If you’re a business, consult a trusted
tax adviser or lawyer before changing tax accounting. Now — the plan.
Household & Commuter actions (short-term and medium-term)
- Track your
usage now. Know how many litres you use weekly and monthly. (We used 160
L/month as an example.) This is the single best first step.
- Why: without
a baseline you can’t measure savings.
- Re-budget
immediately. If your monthly fuel bill will rise by ₦6–8k (or more), move
that into your budget now — treat it like a locked expense until you
reduce consumption.
- Carpool &
rideshare. Share trips to work — two people sharing a car halve the
per-person fuel burden.
- Example: If
surcharge adds ₦41/L and you save 20 L/week by carpooling, that’s 41 × 80
= ₦3,280 savings/month per person (if shared).
- Switch
commuting days / remote work. Ask for flexible hours or remote days (even
1–2 days/week reduces monthly fuel).
- Adopt
fuel-efficient driving habits. Slow acceleration, maintain tyre pressure,
remove roof racks, avoid idling — small changes lower litres consumed.
- Consider
LPG/CNG where possible. The law exempts LPG and CNG — if conversion is
feasible, calculate payback time for converter costs vs. recurring
savings. (Availability and safety standards matter.)
- Public
transport when practical. Use buses or mass transit on high-demand days —
collective travel can be significantly cheaper.
Small business & logistics (short-term and structural)
- Review your
pricing and contracts now. If you cannot absorb cost increases, start
communicating planned adjustments to clients now — transparency reduces
shock later.
- Negotiate
fuel clauses for long contracts. Add or implement fuel
escalation/de-escalation clauses tied to pump price indices.
- Optimize
routes & consolidate deliveries. Route planning software or simple
consolidation of deliveries reduces vehicle time & fuel.
- Fleet
management & telematics. Where possible, adopt fuel-monitoring to
identify wasteful routes/driving.
- Bulk
procurement & fuel cards. Negotiate better deals with suppliers or use
fuel cards that sometimes offer small discounts and easier tracking.
- Consider
partial mode shift to exempt fuels. For certain fleets (e.g., taxis),
conversion to CNG or using LPG for generators may make sense — run the
numbers.
Medium/Long-term (households + businesses)
- Explore
efficient vehicles & EVs where practical; total ownership cost can be
lower over several years. Note: charging infrastructure and electricity
reliability matter in Nigeria.
- Invest in
solar at home or business to reduce generator/fuel needs. Solar for
lighting and some appliances reduces kerosene/generator diesel use.
- Lobby &
collective action. Join business groups, trade unions, or consumer
associations to demand transparency on how surcharge revenue will be used
(e.g., for roads) and to ask for targeted reliefs for vulnerable groups.
- Financial
buffers & emergency funds. Build a small buffer equivalent to 1–2
months’ fuel expense to absorb shocks during the rollout.
Two pragmatic checklists you can use today
Household checklist (do these this week)
- Record last 3
months’ fuel receipts (litres + naira).
- Calculate
your monthly average litres consumed.
- Multiply that
by a sample surcharge (5% × current pump price) to see monthly impact.
- Apply
immediate fuel-savings (carpool, 1 remote day per week).
- Adjust
monthly budget for the surcharge baseline.
Small business checklist (do these this month)
- Map all
fuel-dependent cost lines (transport, generators, deliveries).
- Update
invoices/contracts with a draft fuel escalation clause.
- Run a route
consolidation pilot for 2 weeks.
- Talk to
accountant about whether the surcharge will be shown separately on
invoices and how to account for it in pricing.
- Consider
small CAPEX for fuel-efficient vehicles or telematics for quick ROI.
Frequently asked questions (short answers)
Q: Is this the same as the removed subsidy?
A: No. The surcharge is a distinct statutory charge in the Tax Act; subsidy
removal was a separate policy. The surcharge is a small percentage on top of
the retail price — but it compounds the overall burden created by subsidy
removal.
Q: Can I avoid paying it by buying in bulk or from specific sellers?
A: The law targets chargeable fossil fuel products and uses retail price as the
base; how it’s applied to bulk transactions depends on administrative
regulation. In practice, most users will face the surcharge at the point of
purchase in some form. Trying to “skip” the surcharge is not advisable: it
risks illegal evasion. Instead follow the legal mitigation tips above.
Q: Will this give money for roads?
A: Historically, previous versions of similar provisions earmarked percentages
for road maintenance agencies. Officials have said proceeds were envisaged for
road upkeep (some past drafts and commentary show allocation intentions). Watch
for implementation regulations and budgetary allocations that will confirm how
proceeds will be used.
Action plan (what I recommend you do right now)
- Record &
calculate (today): find 3 months of fuel receipts; compute baseline
litres/month.
- Estimate
surcharge (today): multiply baseline litres by 5% × current pump price to
get likely monthly impact.
- Quick savings
(this week): arrange carpool, ask for 1 remote day, slow down driving
style, check tyre pressure.
- Business
tasks (this week): run price sensitivity on your invoices, add fuel
escalation clause to contracts, speak with your accountant.
- Advocacy
(this month): join relevant business or consumer groups to monitor
regulatory clarifications and demand transparency on use of proceeds.
- Plan longer
term (1–12 months): evaluate LPG/CNG options, solar for home, vehicle
replacement planning.
Conclusion — a straight message
Yes — it’s called “just 5%.” But the real-life effect depends on the
price base and how often you refuel. Because the surcharge is computed on
retail prices, in a high-price environment that 5% quickly becomes a
significant monthly burden for households and businesses. The law exists; the
government has signalled a likely implementation window (with a formal
commencement order requirement), and the public debate will intensify. The
smartest response is not to panic but to prepare: measure your fuel use, adjust
budgets, reduce consumption where possible, and implement low-cost fuel
efficiencies. If you run a business, think pricing, contracts and supply-chain
fixes now.
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