“In view of the illegality, insensitivity and immorality of the price increase the federal government should cancel it, revert to the status quo and consult widely with all relevant stakeholders in the society,” he advised.
In a statement issued in Lagos yesterday and titled, “The illegality, immorality and insensitivity of fuel price increase ”, the lawyer justified his view that the increase in the pump price by government was illegal.
Falana cited the case of Bamidele Aturu versus Attorney-General of the Federation (unreported suit No. FHC/ABJ/CS/591/2009) where the Federal High Court declared illegal and unconstitutional the policy decision of the federal government to deregulate the downstream sector of the petroleum industry contrary to the combined effect of the provisions of the Price Control Act and the Petroleum Act.
He lamented that in total defiance of the said order of the federal high court, the federal government has deregulated the downstream sector of the petroleum industry.
Although, the minister in-state, Dr. Ibeh Kachukwu while justifying the new policy regime, claimed that “PPPRA has informed me that it will be announcing a new price band effective today, 11th May, 2016 and that the new price for PMS will not be above N145 per litre.” Since the Petroleum Products Pricing Regulatory Agency (PPPRA) which is statutorily empowered to recommend the price of petroleum products has not been reconstituted the unilateral decision of the Executive Secretary of the body to fix the pump price at N145 per litre is ultra vires and illegal in every material particular”.
Falana recalled that barely a month ago, Dr. Kachikwu had announced that fuel subsidy had been removed through his ingenuity and that while celebrating the “success” recorded by him in the management of the petroleum industry; he disclosed that “Nigeria was saving $1 billion in subsidy removal and $1 billion in fuel importation. He also stated that “for the first time, our refineries are ready to work now crude has been pumped from Brass to Port Harcourt. Pipeline is being used for the first time in 10 years for the first time in six years. For the first time we are able to pump to Ilorin, we have not done that in 10 years.” Curiously, Dr. Kachikwu’s “giant strides” in the petroleum industry appear to have collapsed completely before our very eyes,” he stated.
He challenged the Minister of State Petroleum, Dr. Ibeh Kachukwu, to tell Nigerians the justification for the new removal of fuel subsidy announced on Wednesday if subsidy had been removed over a month ago and the country has been saving $2 billion from fuel importation and subsidy removal while the refineries are now working at full capacity.
No comments:
Post a Comment