The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu for not initiating a probe into the Nigerian National Petroleum Company Limited (NNPCL) and failing to reverse the recent hike in petrol prices. Alongside President Tinubu, the lawsuit also names the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, and the NNPCL as respondents.
Filed at the Federal High Court in Abuja under suit number FHC/ABJ/CS/1361/2024, the lawsuit seeks a court order compelling President Tinubu to instruct the NNPCL to decrease the petrol price from the current N845 per liter to N600 per liter. SERAP is urging the court to mandate a thorough investigation into the NNPCL for alleged corruption and mismanagement, including the handling of $300 million in bailout funds collected from the Federal Government in August 2024 and an outstanding $6 billion debt owed to suppliers.
SERAP’s suit asserts that the NNPCL’s price hike has significantly worsened economic conditions for ordinary Nigerians, pushing many further into poverty. According to SERAP, this increase is not only unjust but also a violation of constitutional and international human rights obligations that Nigeria is bound to uphold. The organization points out that the lack of transparency and accountability within the NNPCL has led to an “unjust, illegal, unconstitutional and unreasonable” increase in petrol prices. This has placed an undue burden on the most vulnerable populations in the country.
In their argument, SERAP references sections of the Nigerian Constitution that impose a responsibility on the government to ensure the welfare and social justice of every citizen. Specifically, Section 13 of the Constitution requires the government to conform to the principles of Chapter 2, which includes abolishing corrupt practices. Section 16(1) mandates the government to secure maximum welfare and happiness for every citizen, while Section 16(2) directs that the nation’s resources be harnessed and distributed to serve the common good.
The organization emphasizes that the ongoing economic crisis and the continuous increase in petrol prices are inconsistent with these constitutional provisions. SERAP contends that the government’s failure to hold the NNPCL accountable and address the alleged corruption in the oil sector exacerbates the suffering of Nigerians. It stresses that addressing these issues would serve a legitimate public interest and help restore trust in public institutions.
The suit further notes that the increase in petrol prices occurred following a scarcity caused by the reported refusal of suppliers to import petroleum products for the NNPCL due to a $6 billion debt. Additionally, the NNPCL allegedly failed to remit over $2 billion and N164 billion of oil revenues to the public treasury, as documented in the 2020 annual report by the Auditor-General of the Federation. This lack of accountability, SERAP argues, has contributed to the persistent and unlawful hike in fuel prices.
SERAP’s lawsuit seeks not only a reversal of the recent petrol price hike but also a comprehensive investigation into the NNPCL’s operations. It calls for the prosecution of anyone found responsible for the alleged corruption and mismanagement, with the goal of recovering any proceeds of corruption. The organization underscores the need for a transparent and accountable oil sector, which is crucial for the country’s economic stability and the well-being of its citizens.
No date has been set for the hearing of the suit, leaving Nigerians awaiting the outcome of this significant legal challenge to the government’s handling of the nation’s oil sector and petrol pricing. The case represents a crucial moment in the ongoing debate over fuel subsidies, government accountability, and the fight against corruption in Nigeria.
