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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.

READ  Petroleum subsidy rises to N1.35tn in four months

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.”

READ  Petrol price should be more than N280/litre – NNPC GMD

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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I’ll not govern Rivers on my knees, says Fubara

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Siminalayi Fubara, governor of Rivers, says he will not govern the state from a position of subservience or weakness.

Fubara made the remarks on Saturday, during a condolence visit to the Ubima, Ikwerre LGA country home of Celestine Omehia, a former governor of the state.

 

Omehia was laying Cecilia Omehia, his mother, to rest.

 

“I have come here with very few respected elders of the state, to come and support you and say to you that we sorrow with you,” Fubara said.

 

“The most important thing is to show our concern and love. Any human being who shows enmity to death, that person is not even normal.

“We also rejoice with you for a life lived well to fulfilment by Mama. We wish Mama a safe journey. Let her stay well where she has gone.”

 

He said politics of bitterness will impede the development of the state and that “it is only in unity that we can move our state forward”.

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“Anybody who claims to love this state should not be party to anything, directly or indirectly that will bring us backwards. We will continue to support every course that will advance the interests of our dear Rivers state,” he added.

“And I am happy to say, and I’ve said it over and again, it doesn’t matter the number of people that are standing with me, I will stand on that side of truth.

“I will not, I repeat, I will not govern our dear state on my knees. If that was the purpose, I will not do that.”

 

Fubara has been locked in a battle for the control of the political structure of Rivers with Nyesom Wike, his predecessor and minister of the federal capital territory (FCT).

 

The governor recently redeployed some members of his cabinet who are loyal to Wike.

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Good Morning! Here Are Some Major News Headlines In The Newspapers This Beautiful Sunday: Benin Traditional Council suspends five chiefs for visiting Ooni

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1. Five officials in the Benin Kingdom have been suspended for allegedly engaging in sacrilegious conduct against Benin custom. The Benin Traditional Council, BTC, said their suspension was because they visited the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, where they “falsely” claimed to be emissaries of the Oba of Benin and rendered inaccurate account of the connection between the Benin Royal Dynasty and the Ooni-ship of Ife.

 

2. The executive chairman of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede has appointed Michael Nzekwe as his chief of staff. He also appointed zonal directors for each of the 14 zonal commands of the commission.

 

3. One person died on Saturday when a gas tanker explosion occurred after an accident at Ita Oshin area of Abeokuta North Local Government Area of Ogun State. Chief Route Commander and Education Officer for Federal Road Safety Corps, FRSC, Florence Okpe, who confirmed the incident, on behalf of the sector commander, Anthony Uga, said the accident occurred at about 4:16 pm.

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4. The Naira yesterday recovered against the US dollar at the parallel market as it appreciated to N1280/$, according to market information obtained by Nairametrics from currency traders. This implied that the Naira appreciated by N120, representing a gain of 8.57 per cent when compared to the N1,400 to a dollar at which it traded on Friday.

 

5. Governor Siminalayi Fubara of Rivers State has said there is a fierce fight to destroy the state. He said this at the country home of Sir Celestine Omehia in Ubima community, Ikwerre Local Government Area of Rivers, on Saturday.

 

6. A resident of Osogbo, simply identified as Seun and the motorcyclist conveying her have been crushed to death in a road accident that occurred in Osogbo, Osun State. Seun was said to be a fashion designer and was also working with a real estate firm. It was gathered that the accident occurred Friday evening around OgoOluwa Area of Osogbo.

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7. The All Progressives Congress has demanded the cancellation of the just conducted local government election in Oyo State. The party claimed that the election was a “sham”, warning that if allowed to proceed, it may damage the state’s reputation.

8. The retired Commissioner of Police in Anambra State, Aderemi Adeoye has recounted how he fought the dreaded Niger Delta militants, the Book Haram terrorists in the North East and the Indigenous People of Biafra, IPOB, insurgents in the South East and survived all of them without a scar. Speaking during his pullout ceremony at the Alex Ekwueme Square in Awka, Adeoye said it was the grace of God that saved him during the dangerous moments.

 

9. Tragedy struck in Rivers State on Friday night when fire from a fuel-laden tanker consumed four persons and about 100 vehicles at the Eleme section of the East-West Road in Rivers State. It was learnt that the tanker collided with another vehicle, exploded and burst into flames that spread to other tankers and many other vehicles trapped in the gridlock.

READ  Petrol price should be more than N280/litre – NNPC GMD

 

10. The Anambra State Police Command has arrested 16 notorious cultists and declared 21 others wanted. In a statement by the command’s spokesman, SP Tochukwu Ikenga, in Awka on Saturday, the feat was achieved following intensified efforts to end the resurgence of cult-related killings in Awka, the state capital.

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Shake-up in EFCC as Olukoyede appoints chief of staff, 14 directors

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Ola Olukoyede, chair of the Economic and Financial Crimes Commission (EFCC), has appointed Michael Nzekwe as his chief of staff.

 

As part of a restructuring drive, Olukoyede upgraded all the zonal commands of the EFCC to departments and appointed 14 new directors.

 

A statement by Dele Oyewale, EFCC spokesperson, said the security unit of the agency has been upgraded to a department with a chief security officer at the helm.

 

“To this effect, 14 new directors have been appointed to head each of the zonal commands,” Oyewale said.

 

Additionally, to bolster and fortify the security architecture of the commission, the security unit of the EFCC has been upgraded to a department with a seasoned officer appointed as director, security and chief security officer.

 

“A new department has also been created in the executive chairman’s office and it is headed by former Makurdi zonal commander of the EFCC, Mr. Friday Ebelo who also doubles as director and coordinator, special duties at the corporate headquarters of the commission.”

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Nzekwe was the commander of the Ilorin zonal command and a course one officer.

 

Nzekwe, a lawyer and an investigator, has served in various departments in the anti-graft agency — including legal and prosecution, operations (now department of investigations), internal affairs (now department of ethics and integrity), Servicom, and asset forfeiture.

The new chief of staff has attended trainings and courses at home and abroad, including the Advance Defence Intelligence Officers Course organised by Defence Intel Agency (DIA).

 

 

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