Metro

SERAP sues Tinubu over failure to direct NNPCL to reverse ‘unlawful’ petrol price hike

Published

3 months ago

September 15, 2024

The Socio-Economic Rights and Accountability Project (SERAP) has filed a fresh lawsuit against President Bola Tinubu over his failure to direct the Nigerian National Petroleum Company Limited (NNPCL), to reverse what it calls the ‘unlawful petrol price hike” as well as his failure to probe allegations of corruption and mismanagement in the NNPCL.

Also joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, and the NNPCL.

In the suit number FHC/ABJ/CS/1361/2024 filed on Friday at the Federal High Court, Abuja, the advocacy group said it is asking the court “to compel President Tinubu to direct the NNPCL to reverse the unjust, illegal, unconstitutional and unreasonable increase in the price of petrol from N845 per litre to N600 per litre.”

In the suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa (SAN), SERAP said it is also asking the court to compel President Tinubu to direct Fagbemi and appropriate anti-corruption agencies to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury.

SERAP is asking the court “to compel President Tinubu to direct Mr Lateef Fagbemi, SAN, and appropriate anticorruption agencies to prosecute anyone suspected to be responsible for the alleged corruption and mismanagement in the NNPCL, if there is sufficient admissible evidence, and to recover any proceeds of corruption.”

Details of the lawsuit reads in part:

“The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.

“Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPCL have resulted in persistent and unlawful hike in petrol prices.

“Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.”

“The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty.

“The increase is seriously jeopardizing their living conditions, as well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

“The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.

“The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.”

“The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy, and impede their ability to participate in their own government.

“Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector. The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival.

“The increase is not inevitable, as it stems from the persistent failure of successive governments to address the allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

“Persistent increase in petrol prices keep people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

“The government has a legal obligation to mobilize the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.

“The government also has the legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPCL and to ensure access to justice and effective remedies for victims of corruption.

“Investigating and prosecuting the allegations of corruption and mismanagement in the oil sector would be entirely consistent with the Nigerian Constitution 1999 (as amended), and the country’s international anti-corruption obligations.

“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices’ including in the NNPC.

“Under Section 16(1) of the Constitution, the government has a responsibility to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.

“Section 16(2) further provides that, the material resources of the nation are harnessed and distributed as best as possible to serve the common good.

“According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

“The price of the product increased to N855 per litre, from about N600, and in some instances above N900 per litre. The apparently unlawful increase in petrol price followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

“The NNPC allegedly failed to remit USD$2.04 billion and N164 billion of oil revenues into the public treasury, as documented in the recently published 2020 annual report by the Auditor-General of the Federation.”

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Metro

Nigerian activist remanded in prison for threatening President’s son

Published

8 hours ago

December 21, 2024

Isaac Dachen

A Nigerian court has ordered a female activist, Olamide Thomas, to be remanded in prison custody for allegedly issuing a death threat to President Bola Tinubu’s son, Seyi Tinubu.

The Federal High Court sitting in Abuja on Friday delivered the ruling after Olamide was arraigned by the office of the Inspector-General of Police, Kayode Egbetokun, before Justice Emeka Nwite on a three-count charge.

The police team of lawyers led by A.A. Egwu told the court that Olamide was arrested on allegations bordering on harassing and threatening Seyi Tinubu, IGP Egbetokun and the country’s Police force spokesman, ACP Muyiwa Adejobi, in a viral social media post back in October.

The police prosecutors told Justice Nwite that the activist had made a live video posted on Facebook in October, where she allegedly made threatening remarks cursing the President’s son, Egbetokun ahd Adejobi.

According to the police, she had live-streamed the video on the fourth year anniversary of the Lekki toll-gate massacre of Nigerian youths during the #EndSARS protest of 2020 where she said she and other protesters were brutalised by police officers during the memorial procession.

In the video, Thomas had reportedly accused police officers of harassment, claiming that they had been bullying and threatening her. She was also said to have rained curses on Tinubu and his family, Egbetokun and Adejobi, expressing deep grievances, invoking divine powers and issuing severe condemnations and predicting tragedy against them.

The police added that in the video, she stated that Seyi Tinubu would die this year, and misfortune and calamity would befall the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.

Reading out the charges, the police said that in count one, Olamide was alleged to have, “knowingly and intentionally transmitted communication in the form of video recording through computer system or network on her social media platforms wherein she made remarks in Yoruba Language.”

“In the video, she stated that Mr Seyi Tinubu would die this year, and misfortune and calamity had befallen the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.

“The communication placed Seyi in fear of death, violence or bodily harm. The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

“In count two, the defendant intentionally transmitted communication in the form of video recording wherein she made remarks in Yoruba Language to bully, threaten, harass the person of Mr Egbetokun.

“The communication placed Egbetokun in fear of death violence or bodily harm. The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

“In count three, Olamide intentionally transmitted or cause the transmission of communication in the form of video recording wherein she made remarks in Yoruba Language, stating that the children of Adejobi would all die before his eyes.

“She was quoted to have also said that he (Adejobi) will bury all his children in a single day, with intent to bully, threaten, harass the person of Mr. Muyiwa Adejobi. The communication placed Adejobi in fear of death of his loved ones.”

After the counts were read to the defendant, she pleaded not guilty to the charge while her defence lawyer, T J. Aondo, SAN, sought to move an oral application on his client’s behalf but the request was turned down.

Justice Nwite therefore directed Aondo to file a formal bail application and adjourned the matter until December 30 for commencement of trial.

He consequently ordered the activist to be remanded in Suleja Correctional Centre pending the hearing of her bail application.

Metro

Zambian law association kicks over suspension of two members

Published

1 day ago

December 20, 2024

Isaac Dachen

The Law Association of Zambia (LAZ) has kicked against the suspension of two of its council members, Arnold Kaluba, the LAZ Honorary Secretary and Junior Lawyers Committee Chair, along with Mulenga Sholomo, the House and Welfare Committee Chair.

The suspended lawyers have already approached the Lusaka High Court to seek a judicial review of their suspensions during the festive season.

In their filings, the two claim their suspension and referral to the Legal Practitioners Committee (LPC) for disciplinary action were illegal and procedurally flawed.

They further argued that the decision which was made without a fair hearing, has damaged their reputations as legal practitioners and threatens their livelihoods.

Zambia Monitor reports that the dispute that led to the suspension of the lawyers stemmed from a letter the duo sent to the LPC on behalf of 399 newly qualified lawyers, scheduled to be called to the Bar in December 2024.

These lawyers had repeatedly raised concerns about paying the full 2024 subscription fees, given they would only be practicing for a few weeks that year but in its response, the LPC offered a compromise which was a reduced fee of K3,025, half the usual K6,050 annual fee.

Dissatisfied with the lack of a council position on the matter, Kaluba and Sholomo independently appealed to the LPC, urging them to reconsider the fees and establish a clearer policy for future cases.

Their actions reportedly angered LAZ president Lungisani Zulu, who accused them of undermining the council and acting without authority which led to their suspension.

Following their letter, Zulu allegedly demanded their removal from the council’s WhatsApp group and issued an ultimatum to resign or face disciplinary action but when they refused to step down, letters of suspension were issued to them.

“The applicants claim this move violated the rules of natural justice, as they were not given an opportunity to defend themselves. Their repeated requests for a council meeting to discuss the matter were also ignored,” the medium reported.

“Kaluba and Sholomo are now asking the court to overturn their suspension and restore them to their positions. Among their demands are a declaration that their suspension was illegal and irrational, an order to reinstate them as council members, and an expedited judicial review of the decision.

“They also want the court to rule that LAZ failed to hear their side of the story, a move they argue was contrary to principles of fairness and transparency.

“The applicants maintain that their actions were driven by the welfare of LAZ members, particularly the newly qualified lawyers struggling to meet the financial demands of the profession.”