DEREGULATION OF PETROLEUM PRODUCTS IS ILLEGAL
Bamidele Aturu
President Goodluck Jonathan has continued in the controversial and detestable path of his predecessors
by choosing to foul the festive mood of Nigerians in the New Year with the announcement of the
commencement of so-called deregulation of the oil industry and the withdrawal of the phantom
subsidies on the prices of petroleum products.
It bears repeating for the umpteenth time that deregulation of petroleum products is an illegality that is
unknown to Nigerian law. It is indeed a contravention of an existing law of this country. The Price
Control Act an existing legislation by virtue of section 315 of the Constitution clearly lists petroleum
products as one of those products which prices must be regulated by the Government. This law to the
best of my knowledge has not been repealed. It is therefore obligatory for the Government and its
agencies, including in particular the contraption known as the PPPRA, to obey the law. For purporting to
deregulate the downstream sector of the oil industry the government is violating the rule of law which it
claims to respect.
I should also point out another respect in which the deregulation is a negation of the rule of law. On
14th of October 2009, I filed a suit at the Federal High Court in Abuja challenging the proposed
deregulation policy. That suit is still pending before Honourable Justice Bello. The matter is coming up
on ….The Government and its relevant agencies have filed their response to the suit and so cannot claim
not to be aware that it is pending. Yet the law is clear, as laid down by the Supreme Court in the case
of Military Governor of Lagos State v Ojukwu that once a party is aware of the pendency of an action
asking for injunctive reliefs it would amount to executive lawlessness to do anything to frustrate the act
as the government seeks to do in this case. Thus no matter how one looks at the deregulation policy of
this administration it is an act of irredeemable illegality. The way things stand I will be compelled to
bring an interim application for the court to urgently restrain the government and prevent the crisis and
anarchy that the policy portends. This would be done before close of work this week

Questions for Determination

1. Whether the Defendants can lawfully deregulate the downstream sector of the
petroleum industry by not controlling the prices of petroleum products as required by law.

2. Whether by the combined provisions of section 6 of the Petroleum Act, cap P10, Laws of
the Federation of Nigeria, 2004 and section 4 of the Price Control Act, cap P 28, Laws of the
Federation of Nigeria, 2004, the Defendants are not under statutory obligations to fix or regulate
the prices of petroleum products.

3. Whether the proposed policy of deregulating prices of petroleum products by the
Defendants is not in vicious and violent conflict with section 16(1)(b) of the Constitution of the
Federal Republic of Nigeria, 1999 which provides that the Government shall control the national
economy in such manner as to secure the maximum welfare, freedom and happiness of every
citizen on the basis of social justice and equality of status and opportunity.

4. Whether the attendant prohibitive hike in the prices of petroleum products would not
make the freedom of movement guaranteed in section 41 of the Constitution of the Federal
Republic of Nigeria, 1999 illusory for the Plaintiff and the generality of Nigerians.

CLAIMS
AND the Plaintiff claims the following reliefs:

1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream
sector of the petroleum industry by not fixing the prices at which petroleum products may be
sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in vicious
violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the
Federation of Nigeria, 2004.

1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream
sector of the petroleum industry by not fixing the prices at which petroleum products may be
sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in flagrant
violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the
Federation of Nigeria, 2004.

1. A DECLARATION that the policy decision of the Defendants to deregulate the downstream
sector of the petroleum industry by not fixing the prices at which petroleum products may be
sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in conflict with
Section 16(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that
the Government shall control the national economy in such manner as to secure the maximum
welfare, freedom and happiness of every citizen on the basis of social justice and equality of
status and opportunity.

1. A DECLARATION that that the policy decision of the Defendants to deregulate the downstream
sector of the petroleum industry by not fixing the prices at which petroleum products may be
sold in Nigeria has the effect of making the freedom of movement guaranteed in section 41 of
the Constitution of the Federal Republic of Nigeria, 1999 illusory for the Plaintiff and the
generality of Nigerians and is therefore illegal, unconscionable and unconstitutional and of no
effect whatsoever.

1. AN ORDER restraining the Defendants their agents, privies, collaborators and whosoever and
howsoever from deregulating the downstream sector of the petroleum industry or from failing
to fix the prices of petroleum products as mandatorily required by the Petroleum Act and the
Price Control Act.

1. AN ORDER directing the Defendants to fix and publish regularly prices of petroleum products
forthwith.
Dated this 14th day of October, 2009

SNG DEMANDS:

Date Posted: 12.01.2012


1. There must be a law in place that makes stealing public funds an offence punishable with a minimum sentence of life imprisonment.

2. The Immunity Clause at the Federal and State levels must go.

3. The Security Vote is an avenue for unprecedented corruption and must be scrapped.

4. All government contracts must be by open tender henceforth.

5. The Presidency’s overheads must not exceed 35% of the budget (against the current 72.2%).

6. The President’s salary and allowances must not exceed N25,000,000 per annum.

7. Feeding in the Presidential and Vice‐President’s lodges (outside of official functions) should be paid for by the consumer. no more spending on consumption

8. No legislator should earn more than a Permanent Secretary (salary and
allowances inclusive).

9. No government official must have more than one official car, and bloated convoys must become unacceptable.

10. No government official should be entitled to any foreign medical treatment.

11. The office of the First Lady at the Federal, State, and Local government levels is unconstitutional and must be scrapped.

12. The number of Special Advisers and Special Assistants must be reduced to the barest minimum. Nigeria’s leaders must henceforth lead by example. There must be no removal of fuel subsidies until our leaders’ extravagant lifestyles are no longer subsidized by the people of Nigeria!

S.N.G OJOTA RALLY DAY 4: PRESS RELEASE BY THE CONVENER OF
SAVE NIGERIA GROUP
Thursday, January 12, 2012
Today is the 4th day of this civil protest against an oppressive policy of the Federal
government. I want to thank you fellow Nigerians for making it peaceful even in the face
of provocation. Remember our words to you: NO REVENGE, NO REPRISALS, NO RAGE &
NO VIOLENCE.


There is some lying propaganda flying around. Let’s debunk them and make our
demands plain once again:

1) THE RALLY AT OJOTA PARK IS BEING SPONSORED BY POLITICIANS.
Neither the Labour Union (NLC) nor TUC is behind the Ojota Rally. Not to talk of
any politician or political party. The same patriotic spirit that led SNG to march the
streets of Abuja to Lagos when Jonathan was being prevented from performing the
constitutional duty of an Acting President has motivated the SNG and its allies to put
this peaceful rally together. We did not collect money from Jonathan then and we are
not being sponsored by any politician now.

Today, the world is the victim of PROPAGANDA because of people who are not
intellectually competent. More than anything, Nigeria needs effective citizens
competent to do their own thinking.


Let me make it clear: T[b]HIS RALLY AT THE GANI FAWEHINMI FREEDOM SQUARE IS
A CIVIL PROTEST ORGANIZED BY THE SAVE NIGERIA GROUP AND ITS ALLIES. THIS IS NOT
A POLITICAL CAMPAIGN RALLY. NO CITIZEN HAS BEEN PAID TO COME. THEY HAVE
COME ON THEIR OWN, SOME WALKING SEVERAL MILES EVERY DAY TO GET HERE. DID
WE PAY YOU? NO MUSICIAN, ARTIST, OR NOLLYWOOD STAR HAS BEEN PAID – THEY
CAME VOLUNTARILY TO ADD THEIR VOICE AGAINST AN OPPRESSIVE POLICY OF THE
GOVERNMENT.[/b]

2) SOME ALLEGE THAT WE HAVE BEEN CURSING THE PRESIDENT AND WE ARE
PERSONALISING THE ISSUES.
I WILL RESPOND WITH 3 QUOTES:
1. FROM THE GOOD BOOK: Proverbs 26:2 – ‘Curse causeless will not come.’ It does
not matter who curses anyone, the curse will not work if it is not deserved. Also,
Proverbs 3:33 – ‘The curse of the Lord is in the house of the wicked.’

2. WILLIAM E. GLADSTONE: ‘Selfishness is the greatest curse of the human race. No
one needs to curse a selfish leader or person – selfishness carries its own curse.’

3. JOSEPH ADDISON: ‘Is there not some chosen curse, some hidden thunder in the
storms of heaven, red with uncommon wrath to blast the man who OWES HIS
GREATNESS TO HIS COUNTRY’S RUIN?’ DEFINITELY, THERE IS.

Let me round up my address with this thought:

MANY ARE DESTINED TO REASON WRONGLY.
OTHERS NOT TO REASON AT ALL.
AND SOME OTHERS TO PERSECUTE THOSE WHO REASON.


1. NLC & TUC are in charge of the strike.
2. SNG, its allies, and the people of Nigeria are responsible for the mass civil protest
in Ojota here and other places in Nigeria.

3. We expect that both NLC & TUC will maintain their stand of N65.00 or nothing.

4. If NLC & TUC change their stand and call off the strike, and people return to work
without achieving their objective of N65.00 or nothing, just know that there are more
people without jobs who belong to no union who will continue with the protest.
Let me refer you to a quote from the back page of THISDAY (Thursday, December 22,
2011):

BAKARE TO THE FEDERAL GOVERNMENT:
‘Until this government downsizes, cuts down its profligacy and leads by example in
modesty and moderation, the poor people of this country will not subsidize the excesses
of the oil sector fat cats and the immorality of the self‐centred and indulgent lifestyles
of those in government.’

NO RETREAT.
NO RE‐THINK.
NO SURRENDER.
We will continue and sustain the protest until the government sees reason to revert to
N65.00.