Court Declares Oil Sector Deregulation Illegal

A Federal High Court in Abuja, Nigeria, Tuesday, declared the deregulation of the downstream of the oil sector illegal.

Justice M. Bello of the Abuja Division, Court 3 of the Federal High Court gave judgment in the case of Bamidele Aturu vs Minister of Petroleum Resources and the Attorney General of the Federation today and declared the policy of deregulation as unconstitutional, illegal, null and void.

The court agreed with all arguments and granted all reliefs sought by Aturu.

Aturu had asked for 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.

He also prayed the court to declare 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 a flagrant violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the Federation of Nigeria, 2004.

Aturu further sought 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.

He also asked the court to declare 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.

He asked for an order restraining the defendants their agents, privies, collaborators 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.

Aturu also sought for an order directing the defendants to fix and publish regularly prices of petroleum products forthwith.


http://pmnewsnigeria.com/2013/03/19/court-declares-oil-sector-deregulation-illegal/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+PmNewsNigeria+%28PM+News+Nigeria%29

I wonder how many petroleum economists were consulted prior to making this pronouncement.

Finally the CABALS have been PARDONED.

From now on, the modus operandi will
look thus:

Current International Price of PMS = N180

Nigerian Govt. Subsidy per litre = N80

Current Selling Price per litre = N100
(Int. Price - Subsidy)

Where Subsidy is constant and
International Price varies hence Selling
Price will be fluctuating between + or -
N100

With this System in place, Nigerians can
sometimes buy PMS as low as N70 per
litre

FG can hold us to ramsome anymore on feul

Ok.. 4th to comment

Its better they stop them now!

HNosegbe: I wonder how many petroleum economists were consulted prior to making this pronouncement.

its not about what the economists will say but what the law states.

ok.

Na wah oo.na dem sabi. shebi gej don say we go still pay more for fuel

slimming: FG can hold us to ramsome anymore on feul

u meant can't, right?

Htown64: its not about what the economists will say but what the law states.

There's a reason I said what I said. Given that Nigeria does not produce enough petroleum products to meet demand, it is economic suicide to fix petrol prices in a world where oil prices and exchange rates lie outside the direct control of government.

That Price Control Act needs to be scrapped.

Does Jonathan and his corruption-ridden Government respect the rule of law?

duplication of sentence no allow me digest the story!

Lolzz u no hear sey Mr jona wan increase d price of fuel??

Ngwakwe: From now on, the modus operandi will
look thus:

Current International Price of PMS = N180

Nigerian Govt. Subsidy per litre = N80

Current Selling Price per litre = N100
(Int. Price - Subsidy)

Where Subsidy is constant and
International Price varies hence Selling
Price will be fluctuating between + or -
N100

With this System in place, Nigerians can
sometimes buy PMS as low as N70 per
litre

[size=15pt]really doesnt matter LEGAL OR illegal ... it IS STILL ALL ABOUT CORRUPTION...[/size]

Why not deregulate the price, encourage people to refine locally and generate competition to drive down prices?

Pls does it means fuel prize will go back to N65? Abeg someone from the oil industry explain oh!

7th to comment sha!

Question: are we paying more or less for petroleum prosucts? Who knows should answer.

killuminati: Pls does it means fuel prize will go back to N65? Abeg someone from the oil industry explain oh!

7th to comment sha!

exactly my tought

elkol: Ok.. 4th to comment

fool. go to CBN to collect money

oga at the top wan increase fuel price again........ punchng.mobi/output.php?link=http://www.punchng.com/news/jonathan-plans-hike-in-fuel-price/

With this judgment Jonathan wins again. Federal govt will set the price at 220 naira per liter.

FG is kin to deregulate downstream sector of the petroleum industry just to earn more money and increase her salaries and allowances at the expense of poor, battered, jobless, angry and hungry Nigerian youths. If she does not change her policies urgently, nemesis will catch up her.

Nice one MR ATURU. But who really gains from this judgment? And what stops the govt from fixing N150 per litre?

I really like the fact the lawyer dug this up! Which means the constitution may not be as bad as we all think, if we can only implement it to the core.

HNosegbe:

There's a reason I said what I said. Given that Nigeria does not produce enough petroleum products to meet demand, it is economic suicide to fix petrol prices in a world where oil prices and exchange rates lie outside the direct control of government.

That Price Control Act needs to be scrapped.

now you are talking... The cart before the horse is always the federal govt way of doing things.

What does this imply for the common man?

lots of folks here don't know the meaning of deregulation. believe me, lots of nigerians, no matter how highly place,do not know the real meaning of deregulation. go to the streets, remove "petrol" from the idea and ask them to explain what deregulation is. you'll be shocked.

Medicine after Death

HNosegbe:

There's a reason I said what I said. Given that Nigeria does not produce enough petroleum products to meet demand, it is economic suicide to fix petrol prices in a world where oil prices and exchange rates lie outside the direct control of government.

That Price Control Act needs to be scrapped.

so u think deregulation or lack of it is what is hindering development n not the criminals that want to loot till thy kingdom come? continue decieving urself. its not deregulation that squandered 65 BILLION dollars in 4 years now, abi?