A lawyer and human rights activist, Malcom Omirhobo, on Thursday filed a suit at a Federal High Court in Lagos, challenging the ban of the sales of petrol in jerry cans. The applicant is suing for himself and on behalf of other Nigerians.
The Attorney-General of the Federation (AGF), the Minister of State for Petroleum, the Nigerian National Petroleum Corporation (NNPC) and the Inspector-General (IG) of Police were joined as respondents in the suit.
The new suit numbered:
FHC/L/CS/1024/2016 is brought pursuant to Order 2: Rule 1 of the
Fundamental Rights Enforcement Procedure Rules, 2009.
Omirhobo is seeking a declaration that
the directive by the second and third respondents to filling station
owners not to sell petroleum products to Nigerians in jerrycans was
discriminatory.
In an affidavit deposed to by the
applicant, he averred that in January, he had approached several filling
stations within his reach, with a jerry can to purchase fuel for his
generators, but was denied sale.
The human rights activist said that all
the filling station operators said that there was a directive from the
respondents, not to sell fuel to Nigerians in jerry cans, gallons or
kegs.
He, further, averred that this refusal
led him as well as many other Nigerians to resort to buying fuel from
the black market at exorbitant prices.
According to Omirhobo, the black market
operators besiege filling stations with drums and gallons to purchase
large volumes of fuel.
They, then, hoarded the product and, subsequently, sold it to the public at astronomical prices, he said.
Omirhobo said that the petrol attendants preferred to sell fuel to black marketers in order to maximise profits.
The legal practitioner also averred that
since power supply was relatively poor, he and other Nigerians had been
helplessly compelled to purchase the products from the black market at
high prices.
He added that this condition had forced him and many Nigerians to live in very poor and excruciating conditions.
Omirhobo averred that as long as power
supply was yet to improve in the country, Nigerians would continue to
rely on generators and purchase fuel in kegs to power them.
He, therefore, sought a declaration that
the directive of the respondents to filing station operators nationwide
not to sell petrol to Nigerians in gallons, except those with vehicles,
was inhumane and unlawful.
He also sought a declaration that the police had failed in its duty to put the black market under check and control.
He said that the police had also failed in ensuring that persons were not allowed to hoard fuel for the purpose of re-sale.
The applicant further sought an order,
compelling the respondents to stop forthwith, the discriminatory and
inhumane treatment meted on him and other Nigerians by the ban.
He also wanted an order directing the
respondents to order the sale of petrol to every Nigerian in jerry cans
for personal consumption and to facilitate their source of livelihood.
In addition, the applicant sought an
order, directing the police to perform their statutory duty and ensure
that the activities of black marketers were checked.
The court has not fixed any date for the hearing of the suit.
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