By Bamidele Aturu
 |
|
Nigeria’s
Minister of Petroleum Resources, Diezani Allison-Madueke
|
With all the Glory to
the Almighty God, we wish to inform the Press and members of the public that
this morning, 19th of March, 2013, Honourable Justice M. Bello of
the Abuja Division, Court 3 of the Federal High Court gave judgment in the
case of Bamidele Aturu v Minister of Petroleum Resources and the Attorney
General of The Federation. The court declared the policy of deregulation as
unconstitutional, illegal, null and void. The case no is
FHC/ABJ/CS/591/2009. The Court agreed with all our arguments and granted all
our reliefs in the following specific terms:
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.
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.
6.
AN
ORDER
directing the Defendants to fix and publish regularly prices of petroleum
products forthwith.
We thank the judge for
his unparalleled erudition and sound logic and the Nigerian people for having
confidence in the rule of law. The sound and logical treatment of the issue of
locus standi raised by the defendants reassures us that the judiciary without
doubt cannot be wholly dismissed in the struggle to build genuine democracy.
The judge has done his own bit. It is now left for Nigerians to be alert to
challenge any wicked increase in the prices of petroleum products.
May God
truly bless Nigeria.
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