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It’s illegal, contemptuous for NNPCL to fix fuel price– Falana

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Femi Falana, SAN, human rights lawyer, criticised the Nigerian National Petroleum Company Limited (NNPCL) for its adjustment of the pump price for Premium Motor Spirit (PMS), or petrol, from around N500 to N617 per litre.

Falana was reacting to the NNPCL’s overnight price hike on Tuesday, which saw the second impromptu petrol price review in under two months — coming from a ballpark price of N185 in May.

In a statement on Wednesday, the Senior Advocate of Nigeria noted that President Bola Tinubu, in his inaugural address in May, announced that his administration would govern the country in accordance with the rule of law.

He cited a Federal High Court judgement which held that by the combined effect of the Petroleum Act, Price Control Act and the Constitution the Federal Government “must always fix the price of petroleum products sold across Nigeria.”

According to him, the Federal Government was dissatisfied with the judgement of and filed an appeal at the Court of Appeal.

“Even though the appeal has not been determined the Nigerian National Petroleum Corporation Limited has usurped the power of the Federal Government to determine and fix the prices of petroleum products in the country,” Falana said.

“It is undoubtedly clear that the action of the NNPCL is illegal and contemptuous since the judgment of the Federal High Court on the subject matter has not aside by a higher court.”

See the full statement below:

NNPCL LACKS POWER TO FIX PRICE OF PETROL

In his inauguration address delivered on May 29, 2023, President Bola Tinubu announced that his administration would govern the country in accordance with the rule of law. The implication of the commitment is that the actions of the Government and its agencies will be carried out under the law. The people of Nigeria were taken aback yesterday when the Nigeria National Petroleum Corporation Limited increased the pump price of petrol from N500 to N617. After increasing the price the NNPCL turned round to claim that it was fixed by market forces. It is submitted that the increase of the pump price of petrol by the NNPCL is is an affront to the rule of law on the ground that it is illegal in every material particular.

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In Bamidele Aturu v Minister of Petroleum Resources
(Suit No FHC/ABJ/CS/591/2009), the Plaintiff challenged the plan of the Federal Government to deregulate the downstream sector of the petroleum industry and allow market forces to determine the prices of petroleum products. In a landmark judgment delivered on March 19, 2013, the Federal High Court, presided over by Adamu Bello J. (as he then was) held that by the combined effect of the Petroleum Act, Price Control Act and the Constitution the Federal Government “must always fix the price of petroleum products sold across Nigeria.”

Specifically, the reliefs granted by Federal High Court include the following:

“1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in vicious violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the Federation of Nigeria, 2004.

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“2. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in flagrant violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the Federation of Nigeria, 2004.

“3 A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in conflict with Section 16(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the Government shall control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.

“4. A DECLARATION that that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria has the effect of making the freedom of movement guaranteed in section 41 of the Constitution of the Federal Republic of Nigeria, 1999 illusory for the Plaintiff and the generality of Nigerians and is therefore illegal, unconscionable and unconstitutional and of no effect whatsoever.

“5. AN ORDER restraining the Defendants their agents, privies, collaborators and whosoever and howsoever from deregulating the downstream sector of the petroleum industry or from failing to fix the prices of petroleum products as mandatorily required by the Petroleum Act and the Price Control Act.”

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Dissatisfied with the judgment of the Federal High Court the Federal Government filed an appeal at the Court of Appeal. Even though the appeal has not been determined the Nigerian National Petroleum Corporation Limited has usurped the power of the Federal Government to determine and fix the prices of petroleum products in the country. it is undoubtedly clear that the action of the NNPCL is illegal and contemptuous since the judgment of the Federal High Court on the subject matter has not aside by a higher court.

It ought to be pointed out that the NNPCL is no longer an agency of the Federal Government but a limited liability company which is regulated by the Nigerian Upstream Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority in charge of the petroleum industry. The action of the NNPCL has confirmed that the company has continued to exercise monopoly in the importation and distribution of petrol in the country contrary to the letter and spirit of the Petroleum Industry Act, 2021. Having liberalised the petroleum sector the NNPCL lacks the power to fix the prices of petroleum products in any part of Nigeria. It is high time that the NNPCL was restrained from further fixing the prices of petroleum products in the country.

Femi Falana SAN,
The Chair, Alliance on Surviving Covid 19
and Beyond (ASCAB).
July 19, 2023

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Oyo school abductions: Makinde signs executive order, restricts Okada 

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Governor Seyi Makinde of Oyo state
has signed Executive Order No. 002 of 2026, aimed at strengthening security, enforcing vehicle registration regulations and improving traffic management across the state.

The governor also announced restrictions on the operations of commercial motorcycle operators, popularly known as “Okada” riders.

The development follows growing concerns over security challenges in parts of the state, particularly the continued captivity of teachers and pupils abducted in Oriire Local Government Area more than 20 days ago.

Speaking during the signing ceremony in his Office on Friday, Makinde said the executive order was designed to ensure strict compliance with existing laws governing vehicle registration and traffic regulations.

He noted that unregistered vehicles, motorcycles, and tricycles have increasingly been used to perpetrate criminal activities within the state.

According to the governor, security agencies often encounter difficulties tracking and investigating crimes involving unregistered vehicles because of the absence of identifiable registration details.

Governor Makinde explained that the executive order would provide a legal framework for the strict enforcement of vehicle registration requirements and other traffic regulations, including measures against driving against traffic and related offences.

According to him, designated enforcement authorities have been empowered to arrest offenders and impound vehicles, motorcycles, or tricycles found violating the provisions of the order.

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The governor said offenders apprehended under the executive order would be prosecuted in accordance with the law, while seized assets and properties would be handled through established legal procedures.

The governor linked the latest security measures to lessons learnt from recent security breaches, especially the abduction of schoolchildren and teachers in Oriire Local Government Area.

“We are living through very trying times; for over 20 days, our teachers and pupils have remained in captivity in the hands of terrorists. Our thoughts and prayers remain with them and with their families who continue to endure unimaginable pain and uncertainty,” He said. 

He assured residents that his administration remained fully committed to securing the safe return of all abducted victims and was working relentlessly with relevant security agencies to achieve that objective.

“As a government, we share in their anxiety and their hope, and we remain committed to doing everything within our power to secure the safe return of every one of them,” Makinde said.

The governor acknowledged the pain being experienced by the affected families and communities, stressing that the abducted teachers and pupils had neither been forgotten nor abandoned.

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While declining to disclose operational details for security reasons, Makinde maintained that extensive efforts were ongoing behind the scenes and urged residents not to mistake the government’s silence for inaction.

One of the major highlights of the executive order is the restriction placed on commercial motorcycle operations across Oyo State.

Makinde announced that commercial motorcycle operators would no longer be permitted to operate between 10:30 p.m. and 5:30 a.m. statewide, describing the measure as part of additional efforts to improve security and public safety.

The governor said the restriction became necessary as part of broader strategies to curb criminal activities and strengthen surveillance across communities.

He appealed to residents to actively support security agencies by providing timely information on suspicious movements and activities.

According to him, security remains a collective responsibility that requires the cooperation of all citizens.

“If you see something, say something, and authorities will do something,” he said, while reminding residents of the state’s toll-free emergency number, 615, for reporting security threats and emergencies.

Makinde also urged residents to remain vigilant, united and resilient despite the current security challenges, warning against allowing fear to undermine communal harmony and confidence.

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He commended security agencies and members of the state’s security outfit, Amotekun Corps, for their dedication, sacrifices and professionalism in responding to security threats across Oyo State.

The governor expressed optimism that with sustained collaboration among security agencies, community stakeholders, and residents, the abducted teachers and pupils would be rescued safely and security across the state would be further strengthened.

In his address at the event, the Attorney General of the state and Commissioner for Justice, Abiodun Aikomo, stated that the implementation of the order would be carried out by relevant agencies, including the Oyo State Road Traffic Management Authority (OYRTMA), the Nigeria Police Force and other law enforcement bodies, which would be required to submit periodic reports on enforcement activities to the state government.

To ensure transparency and accountability, Aikomo stated that the Office of the Director of Public Prosecutions would provide oversight on prosecutions arising from the enforcement exercise, while members of the public would be encouraged to report any misconduct by officials involved in implementing the order.

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Nigeria set to repatriate over 1,000 nationals from South Africa as violence continues

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The Federal government has kick-started plans to bring back home more than 1,000 Nigerians from South Africa as concerns grow over rising anti-immigrant sentiments and renewed xenophobic tensions in the southern African nation.

According to reports, Nigeria’s Ministry of Foreign Affairs confirmed on Friday that screening for a voluntary repatriation programme began on Thursday, with authorities expecting over 1,000 Nigerians to participate.

Foreign ministry spokesperson Kimiebi Ebienfa told AFP that the final number of those seeking to return home had not yet been determined but noted that the figure was expected to exceed 1,000.

“Total figure not out yet,” he said. “We are expecting over 1,000 persons.”

The move follows a similar action by Ghana, which recently repatriated hundreds of its nationals from South Africa amid increasing fears over protests and violence directed at foreign nationals.

In a statement dated Tuesday, Nigeria’s High Commission in Pretoria said it had “negotiated waivers with host authorities” so that those with “immigration-related offences” would be allowed to leave on the eventual repatriation flights rather than be detained.

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South Africa, until recently the continent’s most industrialised economy, has long attracted workers from across the region.

But saddled with an unemployment rate of over 30 per cent, it has seen repeated spurts of xenophobic protests — including renewed violence in recent weeks.

The latest tensions have revived uncomfortable debates across Africa about xenophobia, migration and the gap between pan-African rhetoric and realities facing migration on the continent.

An ultimatum by one citizen-led group for illegal migrants to be expelled by June 30 has raised fears of violence after bouts of anti-immigrant unrest in the past that claimed dozens of lives.

Last month, Ghana repatriated some 300 people, the first batch of what authorities said was expected to be a total of about 800 Ghanaian nationals.

The South African government has said it is stepping up enforcement against undocumented immigrants but urged citizens not to take matters into their own hands.

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There are more than three million foreigners living in South Africa, or 5.1 per cent of the population, according to the statistics agency.

More than 63 per cent come from countries in the 16-member Southern African Development Community (SADC) bloc.

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Again, WAEC candidates write exams with Torchlight

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The 2026 West African Senior School Certificate Examination (WASSCE) got off to a dark start on Thursday across several centres in Oyo, Lagos, Ogun and Osun states.

Due to the late arrival of examination materials, several candidates were forced to sit for papers late into the evening.

On Monday, candidates reportedly waited several hours before writing the Physics Essay and Objective papers, which were scheduled for 2pm and 3:30pm respectively.

The delays persisted on Wednesday, with the General Mathematics Objective paper starting at 6:30pm in some centres and as late as 8:30pm in others, leaving candidates to finish the examination after 10pm.

The situation was said to be particularly severe in some centres in Ibadan, the Oyo state capital.

The first batch of the Agricultural Science practical examination was slated for 2pm, while the second batch was scheduled for 3:30pm.

However, as of 8pm, some centres in the state had yet to commence the examination.

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Due to the delay, candidates reportedly sat the examination under poor lighting conditions.

In a viral video, several students could be seen writing the examination with torchlights, mobile phone flashlights and solar-powered lamps.

The incident has since triggered widespread outrage on social media.

Mariam Kehinde, an X user, said that as of past 8pm on Thursday, her sister was yet to return home from the examination centre.

“What exactly is happening in this country sef? My sister left for her WAEC exam since morning and still hadn’t returned home,” she wrote.

“She called around 6pm saying their exam paper had just arrived at that time nitori olorun. She was still at the exam centre, and my mum even had to wait.”

Adedeji Adeyinka, another user, described Thursday’s conduct of the examination as “particularly disturbing”.

“Candidates writing Government completed the Theory paper and were instructed to wait for the Objective paper, only for the question paper to arrive more than FOUR HOURS later,” he posted.

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“How is this acceptable in a national examination? Even more shocking was the situation faced by students writing Agricultural Science Practical. An examination scheduled for 2:00 p.m. did not commence until about 9:00 p.m. in many parts of Oyo State.

“A seven-hour delay is not a minor inconvenience. It is a systemic failure.”

Another X user identified as Mum Ire also lamented the shortage of question papers during Wednesday’s Mathematics examination.

“Out of 75 candidates, only 35 Mathematics question papers were brought to the examination centre for the entire exam yesterday,” she wrote on Thursday.

“When did WAEC start operating like this?

“Now we are being told that the Agriculture Science practical questions are on the way at 8:10 pm.”

Joel Abodunrin also decried the shortage of question papers.

“WAEC’s been doing well until today,” he wrote on Wednesday.

“An examination hall of about 250 candidates and having Mathematics question papers for only 120.

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“Getting to tear the questions into pieces so that all could have something to do.”

Hakeem Olaoye, another user, said candidates were being made to write examinations at unreasonable hours.

“WAEC exam being conducted late in the evening.

“The Agric practical exam that was supposed to be held by 2pm just commenced some minutes after 7pm,” he wrote.

“Very disheartening indeed. Likewise for Mathematics. A school with 130 students was given 16 question booklets to share among.”

The development has raised concerns about the safety of candidates amid the country’s growing security challenges.

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