Fiery Lagos lawyer, Femi Falana (SAN) has described the hike in the pump price of petrol from N86.50 to N145.00 as “illegal and contemptuous.”
In a statement issued in Lagos yesterday and titled, “The illegality, immorality and insensitivity of fuel price increase”, Falana tried to underscore the illegality of the increase.
He cited the case of Bamidele Aturu Vs Attorney-General of the Federation (unreported suit No. FHC/ABJ/CS/591/2009) where the Federal High Court declared illegal and unconstitutional the decision of the Federal Government to deregulate the downstream sector of the petroleum industry, contrary to the provisions of the Price Control Act and the Petroleum Act.
“In view of the illegality, insensitivity and immorality of the price increase, the Federal Government should cancel it, revert to the status quo and consult widely with all relevant stakeholders in the society,” he advised.
He could not understand the total defiance of the said order of the federal high court as the Federal Government went ahead to deregulate the downstream sector of the petroleum industry.
“Since the Petroleum Products Pricing Regulatory Agency (PPPRA), which is statutorily empowered to recommend the price of petroleum products, has not been reconstituted the unilateral decision of the Executive Secretary of the body to fix the pump price at N145 per litre is ultra vires and illegal in every material particular”.
Falana recalled that only a month ago, Minister of State for Petroluem, Dr. Ibeh Kachikwu announced that fuel subsidy has been removed and that while basking on the “success” recorded by him in the management of the petroleum industry, he said that “Nigeria was saving $1 billion in subsidy removal and $1 billion in fuel importation”. He also disclosed that “for the first time, our refineries are ready to work now that crude has been pumped from Brass to Port Harcourt.
Falana only wondered how a subsidy that has already been removed be removed again. He however did not hint if he was planning to drag the Federal Government to court over the illegality.
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