Fifty eminent Nigerians led by Prof. Ben Nwabueze, have approached a Federal High Court in Abuja, asking it to declare the increase in fuel pump price from N65 to N97 announced by the Federal Government on January 15, as unlawful, null and void.
The plaintiffs named President Goodluck Jonathan, Senate President, Speaker of House of Reps, Petroleum Products Pricing Regulatory Agency (PPPRA) and the 36 state governors as co-defendants in the suit.
Other plaintiffs in the suit are Mr Balarabe Musa, Dr Tunji Braithwaite, Kalu Idika Kalu, Prof. Pat Utomi; late Gani Fawehinmi’s wife, Ganiyat; Shehu Sanni, Dr Fredrick Fasheun, among others.
In their originating summons, the litigants contended that going by provisions of Section 7 of the PPPRA and Section 81 of the 1999 Constitution, the defendants were not empowered to validly increase the pump price of petrol as was done on January 15, 2012 from N65 per litre to N97 per litre.
They stressed that by virtue of Section 81 of the 1999 constitution, the defendants cannot sit as a body or in consultation with one another and validly take any decision affecting the appropriation of revenue accruing to the Federation and, in particular, the removal of subsidy on petrol without a valid appropriation Act.
The Chief Judge of the Federal High Court, Justice Ibrahim Auta, has already assigned the case file to Justice Adamu Bello.
Specifically, the plaintiffs, through their lawyer, Festus Keyamo, are asking the court to declare that the purported increase of petrol pump price from N65 to N97 by the defendants while sitting as a body or in consultation with one another is in violation of Section 81 of the 1999 Constitution and Section 7 of the PPPRA Act and, therefore, null and void and of no effect.
“To nullify the decision of the defendants increasing the price of petrol from N65 to N97 on the grounds that the defendants’ action contravened Section 81 of the 1999 Constitution and section 7 of the PPPRA Act.
Besides, they asked the court to direct President Jonathan to immediately reverse the price of petrol from N97 to N65 per litre.
The case has been fixed for mention on May 22.
