Tinubu Charged to Court over failure to reverse Petrol Price

The suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa, SAN, has the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and the NNPCL as respondents.

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the failure to direct the Nigerian National Petroleum Company Limited (NNPCL) to reverse the apparently unlawful increase in the pump price of petrol, and to probe the allegations of corruption and mismanagement in the NNPCL.”

In a lawsuit filed last Friday at the Federal High Court in Abuja (suit number FHC/ABJ/CS/1361/2024), SERAP is seeking a court order to compel President Tinubu to instruct the Nigerian National Petroleum Company Limited (NNPCL) to reverse the recent petrol price hike from N845 per litre to N600 per litre, which they describe as unjust, illegal, unconstitutional, and unreasonable.

Additionally, SERAP is requesting the court to direct President Tinubu to mandate Attorney General Lateef Fagbemi, SAN, and relevant anti-corruption agencies to investigate allegations of corruption and mismanagement within the NNPCL. This includes probing the reported misuse of $300 million in bailout funds received from the Federal Government in August 2024, as well as the company’s $6 billion debt to suppliers, despite allegedly failing to remit oil revenues to the national treasury.

The suit further asks the court to compel the prosecution of those responsible for the alleged corruption, should sufficient evidence be found, and to ensure the recovery of any stolen funds.

SERAP argues that the petrol price increase is exacerbating the hardship on economically vulnerable Nigerians, pushing many deeper into poverty. The organization also contends that holding the NNPCL accountable for corruption and mismanagement in the oil sector would protect the public interest.

The suit reads; “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 NNPC 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 NNPC, 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.”

No date has been fixed for the hearing of the suit