The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu, citing his administration’s failure to instruct the Nigerian National Petroleum Company Limited (NNPCL) to reverse the recent, allegedly unlawful, increase in petrol prices.
Additionally, SERAP is seeking an investigation into allegations of corruption and mismanagement within NNPCL.
Respondents in the suit are the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN), and NNPCL.
The lawsuit, filed at the Federal High Court in Abuja (suit number FHC/ABJ/CS/1361/2024), urges the court to compel President Tinubu to:
-
Direct NNPCL to revert the petrol price to its previous rate, changing it from N845 per liter to N600 per liter.
-
Instruct Mr. Lateef Fagbemi (SAN) and relevant anti-corruption agencies to investigate allegations of corruption and mismanagement within NNPCL.
-
Investigate the $300 million ‘bailout funds’ NNPCL collected from the Federal Government in August 2024 and the $6 billion debt owed to suppliers, despite allegedly failing to remit oil revenues to the treasury.
-
Prosecute anyone suspected of corruption and mismanagement in NNPCL, provided sufficient admissible evidence exists.
-
Recover any proceeds of corruption.
In the suit, SERAP argues that the increase in the price of petrol causes immense hardship for disadvantaged populations, that as Nigeria’s economic situation worsens, the price increase pushes people further into poverty, and holding NNPCL accountable for alleged corruption and mismanagement serves legitimate public interests.
SERAP’s lawyer, Ebun-Olu Adegboruwa (SAN), emphasized that:
The petrol price increase violates constitutional guarantees and Nigeria’s international human rights obligations.
Corruption and lack of transparency in the oil sector have led to persistent and unlawful price hikes.
Increasing petrol prices amidst worsening economic conditions is inconsistent with constitutional and international obligations to ensure minimum living conditions compatible with human dignity.
The arbitrary price increase disproportionately burdens marginalized and vulnerable sectors, jeopardizing their living conditions and individual development.
SERAP stresses that Nigeria has legal obligations to mobilize the maximum available resources to ensure socioeconomic rights, protect vulnerable populations, probe and prosecute corruption allegations, and ensure access to justice and effective remedies for corruption victims.
The organization invokes Sections 13, 15(5), and 16(1) and (2) of the Nigerian Constitution, emphasizing the government’s responsibility to conform to and observe Chapter 2’s provisions, abolish corrupt practices, secure maximum welfare, freedom, and happiness for citizens based on social justice and equality, harness and distribute national resources for the common good.
According to SERAP, NNPCL recently increased petrol prices across its retail outlets to N855 per liter (from approximately N600) due to a scarcity caused by suppliers refusing to import petroleum products over NNPCL’s $6 billion debt.
Additionally, NNPCL allegedly failed to remit USD $2.04 billion and N164 billion in oil revenues to the public treasury, as documented in the 2020 annual report by the Auditor-General of the Federation.
A hearing date has not been scheduled.
