Citing his refusal to reverse the recent increment in the pump price of petrol and his failure to probe the allegations of corruption and mismanagement in the Nigerian National Petroleum Company Limited (NNPCL), the Socio-Economic Rights and Accountability Project (SERAP) has dragged President Bola Tinubu to court.
In the suit before the Federal High Court in Abuja, SERAP is asking for an order compelling the President to direct the Attorney-General of the Federation and Minister of Justice and Lateef Fagbemi (SAN) and appropriate anti-corruption agencies to probe the allegations against NNPCL.
The organisation is demanding, as part of the investigation, the probe of the alleged spending of the “reported $300 million ‘bailout funds” collected from the Federal Government in August 2024 and the $6 billion debt it owes suppliers despite allegedly failing to remit oil revenues to the treasury.’’
SERAP is also urging the court to order President Tinubu to immediately reverse the price of petrol from N845 per litre to N600 per litre, to prosecute anyone suspected to be responsible for the alleged corruption and mismanagement in the NNPCL if there is sufficient admissible evidence and to recover any proceeds of corruption.
In an affidavit attached to the suit, the plaintiff argues that the government has a legal obligation to mobilise the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.
It also contended that the government has legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPC and to ensure access to justice and effective remedies for corruption victims.
The organisation insisted that investigating and prosecuting the allegations of corruption and mismanagement in the oil sector would be entirely consistent with the 1999 Constitution (as amended) and the country’s international anti-corruption obligations.
SERAP further maintained that section 13 of the Nigerian Constitution imposes on the government the responsibility to conform to, observe, and apply the provisions of Chapter 2 of the constitution, especially Section 15(5), which imposes on the government the responsibility to ‘abolish all corrupt practices’, including in the NNPC.
The plaintiff averred that under Section 16(1) of the Constitution, the government is responsible for’ securing the maximum welfare, freedom and happiness of every citizen based on social justice and equality of status and opportunity.
The civil society organisation stated that section 16(2) further provides that ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
SERAP also pointed out that the increase in petrol prices is causing immense hardship for the less well-off. As the economic situation in Nigeria deteriorates, the increase is pushing people further into poverty.
The suit filed on behalf of SERAP by its lawyer, Ebun-Olu Adegboruwa (SAN), reads in part: “The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.
“Corruption in the oil sector and the lack of transparency and accountability in using public funds to support the operations of the NNPC have resulted in persistent and unlawful hikes in petrol prices.
“Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.
“The arbitrary increase has placed a disproportionate burden on the marginalised and most vulnerable sectors of society, particularly those disadvantaged by poverty.
“The increase is seriously jeopardising their living conditions, as well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.
“The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.
“The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that they will not be prevented from having access to the conditions that guarantee a dignified existence.
“The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy and impede their ability to participate in their government.
“Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector. The increase in petrol price has rendered impoverished citizens incapable of satisfying their minimum survival needs.’’
According to SERAP, the increase is not inevitable, as it stems from successive governments’ persistent failure to address allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.
They contended that “Persistent increases in petrol prices keep people in poverty, which in turn perpetuates discriminatory attitudes and practices against them.
“According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.’’ No date has been fixed for the hearing of the suit.
