News

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

Published

10 months ago

July 20, 2023

admin

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 Tinubu reappoints Mele Kyari as NNPC GCEO

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.

READ BREAKING: No plan to increase price of petrol, says NNPC

“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 Elections: Igbo have right to vote for any party

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

Related Topics:FEMI FALANA FUEL PRICE NNPC

Up Next

Troops intercept truck load of cannabis, arrest two suspects in Ogun

Don't Miss

APC govs meet over Adamu, Omisore’s resignation

Click to comment

News

Minister to sue Niger speaker over plans to ‘marry off’ 100 girls, says it’s ‘totally unacceptable’

Published

6 hours ago

May 14, 2024

admin

Uju Kennedy-Ohanenye, minister of women affairs, has petitioned the inspector-general of police (IGP) and sought a court injunction to halt the marriage of 100 girls in Niger state.

Abdulmalik Sarkindaji, speaker of the Niger state house of assembly, announced last week that he would sponsor the wedding of 100 girls, some of whom were orphaned by insurgency, as part of his Maringa constituency project.

He said he had procured materials for the event scheduled for May 24, and promised to pay dowries for the bridegrooms.

Following the outcry that trailed the announcement, the speaker explained that he was only financing the wedding — not forcing the girls into marriage.

However, Kennedy-Ohanenye said the plan is unacceptable, and that the future of the girls should be a priority.

Speaking to journalists in Abuja on Monday, the minister said a thorough investigation into the circumstances surrounding the issue will be carried out.

READ Atiku faults FG’s decision to transfer NNPC revenue to CBN, says 'it's illegal'

She said the ministry will take responsibility for the girls’ education and vocational training.

“I want to let the honorable speaker of house in Niger state know that this is totally unacceptable by Federal Minister Of Women Affairs and by the government,” Kennedy-Ohanenye said.

“Because there is something called the Child’s Right Act and I said it from the onset, that is no more business as usual.

“These children must be considered, their future must be considered, the future of the children to come out of their marriage must be considered.

“So I have gone to court. I have written him a letter and written a petition to the IG of police.

“And I have filed for injunction to stop him from whatever he is planning to do on the 24th, until a thorough investigation is carried out on those girls, find out whether they gave their consent, their ages, find out the people marrying them.

READ Oil Giant, Oando Plc, denies importing adulterated Fuel

“As the speaker did not think about empowering these women or sending them to school or giving them some kind of training support financially.

“The women affairs have decided to take it up and we are going to educate the children.

“Those that do not want to go to school, we will train them in a skill, empower them with sustainable empowerment machines to enable that child build his or her life and make up her mind who and when to get married.

“If for any reason the speaker tries to do contrary to what I have just mentioned, there will be a serious legal battle between him and the Federal Ministry of Women Affairs.”

The minister added that based on the Child Rights Act, every child belongs to the state, hence the rights of every child will be protected from harm and violence.

News

Good morning! Here Are Some Major News Headlines In The Newspapers Today: Tinubu orders MDAs to procure CNG vehicles

Published

11 hours ago

May 14, 2024

admin

1. All new vehicles, generators or tricycles being procured by the government and its agencies must be powered by Compressed Natural Gas, CNG, solar or electric, the Federal Executive Council, FEC, decided on Monday. It was one of the major decisions reached by the council before it adjourned its marathon proceedings till today after over four hours.

2. Rivers State Governor, Siminalayi Fubara took the political crisis in the state a notch higher by declaring his intention to probe the administration of his predecessor and godfather, Nyesom Wike. Fubara, who served as Accountant-General of the state during Wike’s administration said a judicial panel of inquiry would investigate how the affairs of governance were conducted before he assumed office on May 29, last year.

3. Organised Labour on Monday called for a total reversal of the power sector privatisation and recovery of all sold public electricity assets. Members of the Nigeria Labour Congress, NLC, and Trade Union Congress, TUC, made the demands while picketing offices of the Nigerian Electricity Regulatory Commission, NERC, in Abuja and electricity distribution companies, DisCos, nationwide.

READ BREAKING: Security operatives take over Ekiti over planned protest by Yoruba nation agitators

4. Key opposition figures on Monday began coalition talks ahead of 2027 polls, barely one year into the administration of President Bola Ahmed Tinubu. Former Labour Party, LP, presidential candidate, Mr Peter Obi held meetings with his Peoples Democratic Party, PDP, counterpart, former Vice President Atiku Abubakar.

5. A new wage system based on employee productivity in the civil service is underway, the Federal Government said on Monday. The government explained that with the system, workers on the same level could earn different wages.

6. The Economic and Financial Crimes Commission, EFCC, will arraign a former Central Bank of Nigeria, CBN, governor, Godwin Emefiele on Wednesday over the unlawful withdrawal of N124.8 billion from the Consolidated Revenue Fund of the Federation. The agency also accused him of approving the printing of N684.5 million at the rate of N18.96 billion.

7. Some cement workers were abducted at Okpella, Etsako West local government area of Edo State, on Monday. The workers were in a Coaster bus heading back to Okpella community after the close of work when they were kidnapped.

READ Elections: Igbo have right to vote for any party

8. Senator Olaka Nwogu has told Rivers State Governor, Sir. Siminalayi Fubara, that the plan to probe the past administration is a mere witch-hunt that will escalate the ongoing crisis. The former senator and elder statesman, who represented the Rivers Southeast in the National Assembly, said any attempt to initiate any probe at this stage of the crisis would be viewed as vendetta.

9. An officer of the Nigeria Customs Service, NCS, serving in the Federal Capital Territory, Abdulwahab Magaji, has reportedly shot himself dead at his Abuja residence. According to reports, Magaji killed himself with a pump-action rifle at his residence located at Binta Street, Farm Estate area, Abuja.

10. No fewer than 45 people were arrested by the men of the Ondo State Security Network Agency also known as Amotekun Corps, for allegedly involving in some criminal activities across the state. The suspects allegedly committed crimes which include, kidnapping, vandalism, theft, burglary and cultism.

READ Atiku faults FG’s decision to transfer NNPC revenue to CBN, says 'it's illegal'

News

FG extends FEC meeting to Tuesday, says ‘far-reaching decisions will be made’

Published

20 hours ago

May 13, 2024

admin

The Federal Government has extended the federal executive council (FEC) meeting to Tuesday.

Mohammed Idris, minister of information and culture, announced the extension of the FEC meeting on Monday while speaking with State House correspondents.

The FEC meeting was held on Monday for the first time since March.

Idris said the FEC meeting will continue on Tuesday at 12pm.

“The council meeting will continue tomorrow, therefore, there will be no press briefing today,” the minister said.

“A lot of far-reaching decisions are being taken and the conclusions will be made available to you tomorrow. FEC will continue at 12 noon tomorrow.”

During the FEC meeting, President Bola Tinubu swore in two additional commissioners of the National Population Commission (NPC).

The two commissioners are Fasuwa Johnson from Ogun state, and Amidu Raheem from Osun state.

Earlier, the cabinet observed a minute’s silence in honour of the late Fabian Osuji, a former minister of education; and Ogbonnaya Onu, a former minister of science and technology.

READ Don’t blame God for Nigeria's problems – Obasanjo