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

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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.”

Metro

Nigerian Senate confirms influx of terrorists from Mali, Burkina Faso into the country 

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The Nigerian Senate has raised the alarm over the influx of terrorists from Mali and Burkina Faso who operate in the name of Lakurawa, into Kebbi, Sokoto, Kaduna and Niger States in the northern parts of the country.

The Upper Chamber, which raised the alarm during plenary on Wednesday, called on the military to set up early warning mechanisms to forestall further incursions by terrorist groups as well as maintain presence and vigilance in the affected communities to halt the activities of the terror group from spreading further across the region.

The resolutions of the Senate were sequel to a motion titled, “Urgent need for the federal government to take stringent measures to stop the infiltration of a group of violent terrorists, known as Lakurawa, from entrenching themselves in some northwest states of Sokoto and Kebbi,” and was sponsored by the senator representing Kebbi North, Senator Yahaya Abdullahi, and co- sponsored by Senators Adamu Aliero, from Kebbi Central, and Garba Musa Maidoki, representing Kebbi South.

While presenting the motion, Senator Abdullahi said:

“The Senate is aware that a group of terrorists from neighbouring Burkina Faso and Mali, known as Lakurawa, has infiltrated the country through the Nigeria-Niger border, at Illela, Tangaza and Silame Local Government Areas of Sokoto and are from there, attacking communities in Augie and Arewa LGAs in Kebbi State.

“Recall that this violent gang of terrorists had raided and dispossessed these communities, prior to the large-scale invasion of Mera, a village in Augie Local Government, on November 8, 2024, killing more than 20 people and fleeing with their livestock, amounting to hundreds of millions of naira.

“Senate is aware that Kebbi State government promptly responded by sending a delegation with relief materials to the affected villages and assistance to the families of the deceased.

“Aware that Senator Yahaya A. Abdullahi (Kebbi North) and Senator Adamu Aliero (Kebbi North Central) and Senator Garba Musa Maidoki (Kebbi South), along with some members of the House of Representatives from Kebbi State, have been to those areas, to commiserate with victims of the attacks on behalf of the National Assembly.

“Aware that if timely, adequate and decisive measures are not taken, this group can spread its reign of terror to other northern parts of the country and beyond.

“Notes the prompt response of the ministry of defence and the armed forces who despatched a well-armed military response squad that was able to dislodge the terrorists and secured the release of herds of cattle and other livestock stolen by the terrorists. These foreigners have invaded the country.

“We need to nip the situation in the bud, they have international connections, heavily armed with very dangerous weapons, the federal government should take the matter very seriously.

‘These terrorists are well armed with highly sophisticated weapons, this is a very serious matter on national security, they control the whole of Northern Mali and now attacking Kebbi, Sokoto, Kaduna, Niger, and others. The time to act is now, we have to take action on how to tame terrorism.”

He said the Senate should revisit past resolutions on terrorism and send them to the Presidency for immediate action.

”I want us to recall what happened in the 8th and 9th Senates. We discussed extensively how we can stem the tide of banditry and terrorism. We made far-reaching recommendations, and we asked the Executive arm of government to implement those resolutions.

“It is still relevant for us to insist that those resolutions should be implemented, if we do so, it will reduce the incidences of banditry and insurgency in the country. We can reduce it to the barest minimum.”

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Wanted Zambian MP who escaped from prison custody captured in Harare

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A fugitive Zambian Member of Parliament (MP), Emmanuel Banda, who escaped from custody at the Chipata Prison in Eastern Province has been captured in Harare, Zimbabwe, where he had been in hiding in a rented apartment.

Home Affairs and Internal Security Minister, Jack Mwiimbu, who confirmed the apprehension of the Petauke Central lawmaker during a media briefing held at the Ministry Headquarters in Lusaka on Tuesday, said Banda had escaped from lawful custody in August this year where he was facing aggravated robbery charges and was being held by Zambia Correctional Service while awaiting court appearance as he had been committed to the high court.

Zambia Monitor reports that after Banda’s escape, his wife, Lombe Chali, was arrested and charged with aiding a prisoner to escape, with the police assuring the public that no stone would be left unturned as they worked to ensure justice was served.

While addressing the press conference, Mwiimbu said:

“Emmanuel Jay Jay Banda was renting a flat in Harare and did not give himself up willingly during his arrest by the Zimbabwean law enforcement agencies.”

The Minister also accused the opposition Patriotic Front (PF) of knowing the whereabouts of Banda and were allegedly communicating with him during the time of his disappearance which can be seen from the several statements which had been made.

Mwiimbu said the PF members that include former president Edgar Lungu had made statements accusing government’s involvement in his disappearance and suggesting that they knew about Banda’s whereabouts.

“Now that he has been captured, Emmanuel Banda will now tell us the truth about how he escaped from custody. We learnt of Emmanuel Jay Jay Banda’s whereabouts two weeks ago and discovered that he was enjoying good health,” he stated.

Mwiimbu stated that the Zambian authorities were collaborating very well with their Zimbabwean counterparts, saying Banda was apprehended by security officials from that country.

He also emphasized that the Zambian government was putting up measures to ensure Banda’s return to Zambia had no security lapses.

“The government wants to know who facilitated his escape, who has been facilitating his wife’s visit to Harare to those flats now that he has been captured,” Mwiimbu said.

In May 2024, Banda was reported missing and his vehicle found abandoned with shattered windshield and a note apologising to Zambians.

Following his escape, the Zambia Police placed a K2 million bounty on Banda, who had escaped from lawful custody while receiving treatment at Chipata General Hospital in Eastern Province.

According to Mwiimbu, Banda now faces an additional charge of escaping from lawful custody.

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