FG Has No Power To Deregulate, Must Fix Petrol Prices, Court Rules Reviewed by Momizat on . The Federal Government has no powers to deregulate the downstream petroleum sector and must always fix the price of petroleum products sold across Nigeria, a Fe The Federal Government has no powers to deregulate the downstream petroleum sector and must always fix the price of petroleum products sold across Nigeria, a Fe Rating:
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FG Has No Power To Deregulate, Must Fix Petrol Prices, Court Rules

The Federal Government has no powers to deregulate the downstream petroleum sector and must always fix the price of petroleum products sold across Nigeria, a Federal High Court in Abuja has ruled.

Justice M. Bello on Tuesday gave the ruling in the case of Bamidele Aturu versus Minister of Petroleum Resources and the Attorney General of the Federation.

The judge granted the six reliefs sought by Mr Aturu including the sixth which is “AN ORDER directing the Defendants to fix and publish regularly prices of petroleum products forthwith.”

A statement emailed to Channels Television by Mr Aturu said “the court declared the policy of deregulation as unconstitutional, illegal, null and void.”

The statement reads, “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.”

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  • http://www.facebook.com/benjamin.oke Benjamin Oke

    dis is a rare victory against the govt

  • http://www.facebook.com/people/Rasheed-Adejuwon/1034904925 Rasheed Adejuwon

    This is a fake victory, the government will appeal the judgement in a friendly court of appeal and they will intimidate or bribe the callous judges to overturn it. Nevertheless thanks Mr. Aturu for your unrelenting fight against this satanic government on behalf of the masses. I only wish that by 2015 Nigerians will be wiser.

  • http://www.facebook.com/anthony.o.alao Anthony Olatunde Alao

    appreciate the court ruling. However I urge us all to read Section 6 of the Petroleum Act which i have reproduced below
    Section 6(1) The Minister may by order published in the Federal Gazette fix the prices at which petroleum products or any particular class or classes thereof may be sold in Nigeria or in any particular part or parts thereof.

    (2) The Minister may by notice in writing require any person appearing to him to have or to be likely to have access to information which is relevant to the fixing of any prices of the kind mentioned in subsection (1) of this section to supply that information to the Minister, and any person so required shall be legally bound to use his best endeavours to supply the information accordingly.
    I thus submit that what the law allows for is for an individual, the Minister of Petroleum to fix prices as he or she pleases and to fix different prices for different parts of the country for the same product. That to me is Ministerial deregulation and more dangerous. The National Assembly should thus quickly amend this.

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