NIGERIA: Deregulation - Court Hears Case Nov 26

Lagos — Justice M. A. Bello of a Federal High Court in Abuja has fixed November 26, 2009 to hear the suit instituted by a human rights lawyer, Mr. Bamidele Autru, challenging the decision of the Federal Government to deregulate the downstream sector of the oil industry.
Aturu had dragged the Minister of Petroleum, Minister of Commerce and Tourism and the Attorney General of the Federation and Minister of Justice before the court, asking it to declare that the decision to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold was unlawful, illegal, null, void and a violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the Federation of Nigeria, 2004.
He asked the court to restrain the ministers and their agents from deregulating the downstream sector of the petroleum industry or from failing to fix the prices of petroleum products as required by the Petroleum Act and the Price Control Act.
The human rights activist is asking the court to determine whether they can lawfully deregulate the downstream sector of the petroleum industry by not controlling the prices of petroleum products as required by law.
He also wants the court to determine whether by the combined provisions of section 6 of the Petroleum Act, cap P10, Laws of the Federation of Nigeria, 2004 and section 4 of the Price Control Act,cap P 28, Laws of the Federation of Nigeria, 2004, the defendants are not under statutory obligations to fix or regulate the prices of petroleum products.
He is equally demanding to know whether the proposed policy of deregulating prices of petroleum products by the defendants was not in vicious and violent conflict with section 16 (1)(b) of the 1999 Constitution 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.
The plaintiff also wants the court to ascertain whether the attendant prohibitive hike in the prices of petroleum products would not make his freedom of movement and the generality of Nigerians as guaranteed in Section 41 of the 1999 Constitution illusory.
In the affidavit in support of the originating summons sworn to by on Anthony Itedjere, Aturu argued that if the defendants were not
restrained from deregulating the downstream sector and carrying out their decision not to fix the price of petroleum products, Nigerians would be adversely affected economically.
He contended that the current price of N65 per litre for Premium Motor Spirit (PMS) was at the moment beyond the reach of common people, adding that as a fact, all the defendants and other members of the Federal Executive Council do not spend their personal resources to buy petroleum products as same are purchased for them from the coffers of the Federal Republic of Nigeria.
He submitted that failure to regulate the downstream sector and fix the prices of petroleum products would affect his movement within Nigeria as the prices of petroleum product will soar, cause inflation and become unaffordable as same will be left to the whims and caprices of independent petroleum marketers.

The plaintiff also argued that the law requires the defendants to fix and regulate the prices of petroleum products, saying that tit would amount to the defendants failing in their statutory duty to him and Nigerians in general if they are allowed to deregulate the downstream sector and fail to fix the price of Petroleum products.
The human rights lawyer is seeking the following reliefs: 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.
- 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.
- 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.