Fuel Subsidy: Lawyers File Suit Against FG
Nigerian lawyers have filed a suit against President Goodluck Jonathan and relevant agencies of the Federal Government over the January 1 removal of fuel subsidy and the subsequent hike in the premium motor spirit (PMS) pump price from N65 to N141 per litre. In their statement, made available to Huhuonline.com / the legal luminaries stated that 'Following the formal announcement of the removal of subsidy on the premium motor spirit (PMS) by the Petroleum Product Pricing Regulatory Agency (PPPRA) and the consequent outburst of Nigerians all over the country rejecting the review of the pump price from N65 to N141, we have joined 160 million Nigerians to reject the removal of fuel subsidy and the consequent hike in the pump price of fuel by approaching the court of law to decide the legality or otherwise of the Federal government's insensitive action.
In the Suit No: M/6091/12, filed by Ataguba S. Aboje, A.Oladapo Otitoju and Alexander Oketa, at the High Court in Abuja , the group said, 'Our claim before the court is for the enforcement of our fundamental human rights and that of other millions of Nigerians. The Federal Government by illegally removing the subsidy has subjected us all to economic drainage and deprived us of enjoying the common heritage of mankind contrary to the express guarantees of Article 22 and 24 of African Charter on Human and Peoples' Rights.
'Apart from violating our economic rights aforementioned, the consequent insecurity and pandemonium generated by the Federal Government's decision is likely to infringe on our collective fundamental rights under sections 33, 34, 35, 40 and 41 of the 1999 Constitution as amended.
'The Federal Government in utter disregard of sections 7[g] of the Petroleum Products Pricing Regulatory Agency Act failed to ensure that its decisions received the widest possible understanding and support of the key segments of the Nigerian society.
'The entire acts of the Federal Government amounts to a flagrant breach of our laws which they swore to uphold.
'Most importantly, the Government of Goodluck Jonathan is in grave violation of our Constitution. Sections 80 and 81 of the 1999 Constitution of the Federal Republic of Nigeria as amended provides for the way and manner in which the revenue and expenditure of the Federal Government of Nigeria is to be made. As at today the operational budget is that of 2011 in which N240 billion was appropriated for petroleum subsidy. We are therefore at a loss as to the Federal Government's decision to halt the payment of petroleum subsidy while still operating the 2011 budget. The Federal Government curiously has begun to put into effect the 2012 proposed budget which makes no allocation for petroleum subsidy even without legislative consent as provided by the 1999 Constitution.
'Finally, in the words of Justice Clark in MAPP V OHIO 367 US 645 (1961) (RLSO) reported at p 641;
'Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard for the character of its own existence. If government becomes a law breaker, it breeds contempt for law; it invites everyman to become a law unto himself; it invites anarchy.
'We are confident that the judiciary will uphold the tenets of our dear democracy according to constitutional dictates.'
The originating summons is against the President of the Federal Republic of Nigeria, Petroleum Products Pricing Regulatory Agency and the Attorney-General of the Federation, as Respondents o 'whether upon the reading of sections 80 and 81 of the 1999 Constitution of the Federal Republic of Nigeria as amended the unilateral decision of the 1st respondent to implement the 2012 budget without having it first passed into law by the National Assembly in the guise of the removal of subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre as proposed in the 2012 budget is not illegal, unconstitutional, counter-productive and inhuman contrary to the spirit and letter of Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights.
'Whether the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 2nd respondent without first ensuring that its decision has the widest possible understanding and support of the key segments of the Nigerian society is not a contravention of section 7[g] of the Petroleum Products Pricing Regulatory Agency Act and an infringement on Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights.
'Whether the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 1st and 2nd respondents is not likely to lead to aggravated insecurity of lives and property, violent mass protest and the disruption of economic activities across the country thereby infringing on applicants' right to life, right to dignity of human person, right to personal liberty, right to peaceful assembly and association and right to freedom of movement contrary sections 33, 34, 35, 40, 41 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Articles 4, 5, 6, 11, 12 of the African Charter on Human and Peoples' Rights respectively.
They however sought reliefs for 'a declaration that the decision of the 1st respondent to implement the 2012 budget without having it first passed into law by the National Assembly in the guise of the removal of subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre proposed in the 2012 budget is illegal, unconstitutional, counter-productive and inhuman and an infringement of the applicants right as guaranteed by Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights.
'That the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 2nd respondent without first ensuring that its decision has the widest possible understanding and support of the key segments of the Nigerian society is a contravention of section 7[g] of the Petroleum Products Pricing Regulatory Agency Act and an infringement on Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights.
'That the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 1st and 2nd respondents has led to aggravated insecurity of lives and property, violent mass protest and the disruption of economic activities across the country and is likely to infringe on the applicants' right to life, right to dignity of human person, right to personal liberty, right to peaceful assembly and association and right to freedom of movement as guaranteed by sections 33, 34, 35, 40, 41 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Articles 4, 5, 6, 11, 12 of the African Charter on Human and Peoples' Rights.
'An order directing the respondents to restore the subsidy on Premium Motor Spirit [PMS] and revert with immediacy to the pump price of N65 per litre prevailing as at 31st December 2011 and an order of injunction restraining the respondents its officers, servant, privies and assigns from illegally removing the subsidy on Premium Motor Spirit [PMS] and increasing the pump price from N65 per litre.'
The grounds upon which the reliefs were sought include 'That the decision of the 1st respondent to implement the 2012 budget without having it first passed into law by the National Assembly in the guise of the removal of subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre proposed in the 2012 budget is illegal, unconstitutional, counter-productive and inhuman and an infringement of the applicants right as guaranteed by Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights. 'That the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 2nd respondent without first ensuring that its decision has the widest possible understanding and support of the key segments of the Nigerian society is a contravention of section 7[g] of the Petroleum Products Pricing Regulatory Agency Act and an infringement on Articles 22[1] and 24 of the African Charter on Human and Peoples' Rights.
'That the decision to remove subsidy on Premium Motor Spirit [PMS] and the consequential increase of the pump price of Premium Motor Spirit [PMS] from N65 to N141 per litre by the 1st and 2nd respondents has led to aggravated insecurity of lives and property, violent mass protest and the disruption of economic activities across the country and likely to infringe on the applicants' right to life, right to dignity of human person, right to personal liberty, right to peaceful assembly and association and right to freedom of movement guaranteed by sections 33, 34, 35, 40, 41 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Articles 4, 5, 6, 11, 12 of the African Charter on Human and Peoples' Rights respectively.'
It added that 'the 1st respondent is the Executive President of the Federal Republic of Nigeria and the Commander in Chief of the Armed Forces.
'The 2nd respondent is a government agency charged with determining the pricing policy of petroleum products and the regulation of supply and distribution of petroleum products and is under the direction of the 1st respondent.
'The 3rd respondent is the chief law officer of the federation.
'That on the 1st of January 2012 the respondents announced the removal subsidy and the consequent increase in the pump price of petroleum from N65 to N141 per litre without proper deliberation and consultation, consent of the Board of the 2nd respondent. A copy of the Press Statement of the 2nd respondent announcing the removal of subsidy is herewith annexed and marked as Exhibit PS. 'That the Board of the 2nd respondent include, the Nigerian Labour Congress, the Major oil marketers, Independent oil marketers, the Transport Owners' Association, the Nigerian Employers Consultative Association, the National Union of Road Transport Workers, the Manufacturers' Association of Nigeria, the Nigerian Media, the Nigeria Institute of Management.
'That the 1st respondent himself admitted that the removal of the subsidy would visit hardship on Nigerians for six months but went ahead to remove the subsidy without putting any machinery in place to cushion the consequential harsh effect.
'That the prices of food commodities in the market have been increased drastically due to the increase in the fuel price as all the segments of the economy are dependent on the oil sector which is the major fee earner for the Nigerian economy.
'That the respondents' actions have led to wide spread mass protest and violence across the nation since the 2nd January 2012.
'That it has been widely reported by the media at the time of filing this matter that one Muyideen Mustafa in Ilorin, Kwara State and a yet to be identified person in Lokoja, Kogi State, both demonstrators protesting against the act of the respondents were shot dead by the Police and several others injured in the process on 3rd January, 2012. 'That the Nigerian National Petroleum Corporation Mega Station in Ibadan was burnt down by demonstrators' protesting against the respondents' insensitive action.
'That a mass peaceful protest was carried out within the Federal Capital Territory of which the applicants' participated and was quelled by riot police men who resorted to shooting tear gas and gun shots to disperse protesters. 'That one time Hon. Dino Melaye formerly of the House of Representative, Charly Boy Oputa, Ezenwa Nwagwu and several others who joined the peaceful protest were arrested by Police Special anti-robbery squad [SARS] and they were forced to share the same cell with suspected armed robbers and some suspected members of the terrorist group of Boko Haram.
'That the Nigerian Labour Union, Trade Union Congress and affiliate organizations are organizing a national strike which they have termed 'The mother of all strikes' to protest the respondents' actions and to make the country ungovernable if the respondents' decision is not reversed.
'That with the brewing subsidy removal crisis, the 1st respondent will now be confronted by another major security challenge of addressing mass protests across the country instead of concentrating its scarce security assets on tackling the Boko Haram challenge, which has claimed scores of innocent lives and obviously overwhelmed the security agencies.
'That the NNPC GMD, Engr. Austin Oniwon before the Senate Joint Committee organised public hearing on subsidy management and process on oath was unable to account for 65,000 barrels of crude supply out of the 445,000 barrels allocated to it daily by government for domestic refining.
'That also Transparency International's 2011 Corruption Perception Index which analysis public sector corruption suggests that $4 billion [N6 billion] to $8 billion [N1.2 trillion] is stolen from Nigerian state coffers every year. A copy of the report is annexed as Exhibit TR. 'That the action of the respondents is capable of undermining democratic ideals, peace and good governance of this country and the fundamental rights of the applicants' and millions of other Nigerians.'