Joined in the suit as Respondents are the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and the NNPCL.
The 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.”
Joined in the suit as Respondents are the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and the NNPCL.
In the suit numbered FHC/ABJ/CS/1361/2024 filed last Friday at the Federal High Court, Abuja, SERAP 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.”
SERAP is also asking the court “to compel President Tinubu to direct Mr Lateef Fagbemi, SAN, 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.”
The organisation is also 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.”
In the suit, SERAP argues that: “The increase in petrol price is causing immense hardship to those less well-off. As the economic situation in Nigeria deteriorates, the increase is pushing people further into poverty.
“Holding the NNPC to account for alleged corruption and mismanagement in the oil sector would serve legitimate public interests.”
The suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa, SAN, read 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 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.”
SERAP said, “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.
Operatives of the Department of State Services (DSS) on last Monday, September 9, 2024, raided SERAP’s office in Abuja to grill its directors over the 48-hour ultimatum it earlier gave to President Tinubu’s government.
The organisation had given Tinubu’s government a 48-hour ultimatum to reverse the price of petrol and probe NNPC Limited.
In response to the ultimatum, widely reported on Sunday, the DSS invaded SERAP’s Abuja office the following day – Monday – demanding to see its directors.
However, sources familiar with the matter told SaharaReporters that Tinubu’s government sent the secret police after SERAP because of the ultimatum.
SaharaReporters reported on Sunday that SERAP in an open letter dated September 7, 2024 and signed by its Deputy Director, Kolawole Oluwadare, gave President Tinubu 48 hours to reverse the recently increased fuel pump price or face legal action.
