SERAP sues Tinubu for not directing NNPCL to reverse ‘unlawful’ petrol price hike

The Socio-Economic Rights and Accountability Project (SERAP), has filed a fresh lawsuit against President Bola Tinubu over his failure to direct the Nigerian National Petroleum Company Limited (NNPCL), to reverse what it called an “unlawful increase in the price of petrol” as well as his failure to investigate allegations of corruption and mismanagement at NNPCL.

Joining the suit as respondents were the Attorney General of the Federation and Minister of Justice Mr. Lateef Fagbemi, and the NNPCL.

In a suit number FHC/ABJ/CS/1361/2024 filed on Friday at the Federal High Court, Abuja, the advocacy group said it was asking the court “to compel President Tinubu to direct the NNPCL to rescind the unfair, illegal, unconstitutional and unreasonable increase in the price of petrol from N845 per litre to N600 per litre.”

In the suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa (SAN), SERAP said it was also asking the court to compel President Tinubu to direct Fagbemi and the appropriate anti-corruption agency to investigate allegations of corruption and mismanagement at the NNPC, including the disbursement of a reported $300 million ‘bailout’ it collected from the Federal Government in August 2024, and the $6 billion debt it owes to suppliers, despite allegedly failing to remit oil revenues to the state treasury.

SERAP asked the court “to compel President Tinubu to order Lateef Fagbemi, SAN and appropriate anti-corruption agencies to prosecute anyone found responsible for the alleged corruption and mismanagement at NNPCL, if there is sufficient admissible evidence, and to recover the proceeds of corruption.”

The details of the lawsuit read in part:

“The fuel price hike is a fundamental violation of the country’s constitutional guarantees and international human rights obligations.

“Corruption in the oil sector and lack of transparency and accountability in the use of public funds to support NNPC operations have resulted in persistent and unlawful increases in petrol prices.

“Raising fuel prices at a time when millions of Nigerians continue to face worsening economic conditions is totally inconsistent with constitutional and international obligations to ensure minimum living conditions consistent with human dignity.”

“These arbitrary increases have placed a disproportionate burden on the most marginalized and vulnerable sectors of society, particularly those disadvantaged by poverty.

“This increase seriously compromises their living conditions, as well as their physical, emotional and individual development, and aggravates and worsens the socio-economic conditions in the country.

“This escalation constitutes a serious human rights issue because of its intensity in undermining the enjoyment and exercise of human rights by Nigerian citizens and rendering their civic participation illusory.

“The fundamental right to life includes not only the right of every Nigerian citizen not to be arbitrarily deprived of his life, but also the right that he shall not be denied access to conditions conducive to a life of dignity.”

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“The increasing poverty and inequality in the country continue to have a detrimental impact on the rights of Nigerian citizens to participate in democracy, and hamper their ability to participate in their own governance.

“Nigerians have been denied justice and the opportunity to get to the root of why they continue to pay the price for corruption in the oil sector for too long. The increase in petrol prices has left already impoverished citizens unable to meet their minimum needs for survival.

“The increase was not inevitable, as it was caused by the continued failure of successive governments to address allegations of corruption and mismanagement in the oil sector and the impunity of the alleged perpetrators.

“The continued rise in fuel prices keeps people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

“The government has a legal obligation to mobilize the maximum available state resources to ensure the socio-economic rights of the people and protect the most vulnerable and disadvantaged Nigerians.

“The government also has a legal obligation to investigate and prosecute allegations of corruption and mismanagement at the NNPC, and to ensure access to justice and effective redress for victims of corruption.

“Investigating and prosecuting allegations of corruption and mismanagement in the oil sector would be entirely consistent with Nigeria’s 1999 Constitution (as amended), and the country’s international anti-corruption obligations.

“Section 13 of the Nigerian Constitution imposes a clear responsibility on the government to comply with, observe and implement the provisions of Chapter 2 of the constitution. Section 15(5) imposes a responsibility on the government to ‘eliminate all corrupt practices’ including in the NNPC.

“Based on Article 16 paragraph (1) of the UUD, the government has an obligation to guarantee the greatest possible welfare, freedom and happiness for every citizen based on social justice and equality of status and opportunity.”

“Article 16 paragraph (2) further states that the nation’s material resources are utilized and distributed as well as possible to serve the public interest.

“Based on information we received, the Nigerian National Petroleum Corporation (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

“The price of the product has risen to N855 per litre, from about N600, and in some cases above N900 per litre. The apparently illegal increase in petrol prices follows a shortage caused by the reported refusal by suppliers to import petroleum products for NNPCL due to a $6 billion debt.

“NNPC allegedly failed to remit USD$2.04 billion and oil revenues of N164 billion to the state treasury, as documented in the 2020 annual report recently released by the Auditor-General of the Federation.”

SERAP sues Tinubu for not directing NNPCL to reverse ‘unlawful’ petrol price hike first appeared on Latest Nigeria News | Headlines from Ripples Nigeria.