*****************************************************************
BAMIDELE ATURU & CO.
29, OLUFESO STREET, OFF LAGOS-ABEOKUTA EXPRESSWAY, CEMENT BUS STOP, OFF ASCON FILLING STATION, OPPOSITE ABIBAT-MOGAJI MILLENNIUM SECONDARY SCHOOL, LAGOS
LAGOS STATE. NIGERIA.
BAMIDELE ATURU & CO.
29, OLUFESO STREET, OFF LAGOS-ABEOKUTA EXPRESSWAY, CEMENT BUS STOP, OFF ASCON FILLING STATION, OPPOSITE ABIBAT-MOGAJI MILLENNIUM SECONDARY SCHOOL, LAGOS
LAGOS STATE. NIGERIA.
TEL.NO : +234-1-8043418, +234-8023128967,+234-8055999888,+234-8033375796.
E-MAIL:aturulaw@yahoo.com
WEBPAGE: www.bamideleaturuandco.com
E-MAIL:aturulaw@yahoo.com
WEBPAGE: www.bamideleaturuandco.com
----- Forwarded Message -----
From: Bamidele Aturu & Co <aturulaw@yahoo.com>
To: """""usaafricadialogue@googlegroups.com""""" <usaafricadialogue@googlegroups.com>; seyi gesinde <gheshe@yahoo.com>; editor saturday <editorsaturdaytribune@yahoo.com>; """""editor@pointblanknews.com""""" <editor@pointblanknews.com>; TheTimes OfNigeria <editor@thetimesofnigeria.com>; agence france <afplagos@afp.com>; inno anaba <innosanaba@yahoo.co.uk>; foluso omoolorun <bumfolchester@yahoo.com>; bimbo akosile <abimbolay1@yahoo.com>; taiwo adisa <taiadis@yahoo.com>; Asume Osuoka <asumeo@yahoo.co.uk>; Bayo Onanuga <aonanuga1956@gmail.com>; soji omot <sojom@yahoo.co.uk>; Vanguard Law <legalviewpoint@yahoo.co.uk>; can weje <canweje@yahoo.com>; ras chux <raschuxxy@yahoo.com>; dapo akinrefon <dapoakinrefon@yahoo.com>; dapo olufade <dapoolufade@yahoo.com>; biyi fire <biyifire@yahoo.com>; """kazaudu@gmail.com""" <kazaudu@gmail.com>; """chidiao@hotmail.com""" <chidiao@hotmail.com>; """info@bamideleaturuandco.com""" <info@bamideleaturuandco.com>
Sent: Thursday, March 21, 2013 3:05 PM
Subject:
From: Bamidele Aturu & Co <aturulaw@yahoo.com>
To: """""usaafricadialogue@googlegroups.com""""" <usaafricadialogue@googlegroups.com>; seyi gesinde <gheshe@yahoo.com>; editor saturday <editorsaturdaytribune@yahoo.com>; """""editor@pointblanknews.com""""" <editor@pointblanknews.com>; TheTimes OfNigeria <editor@thetimesofnigeria.com>; agence france <afplagos@afp.com>; inno anaba <innosanaba@yahoo.co.uk>; foluso omoolorun <bumfolchester@yahoo.com>; bimbo akosile <abimbolay1@yahoo.com>; taiwo adisa <taiadis@yahoo.com>; Asume Osuoka <asumeo@yahoo.co.uk>; Bayo Onanuga <aonanuga1956@gmail.com>; soji omot <sojom@yahoo.co.uk>; Vanguard Law <legalviewpoint@yahoo.co.uk>; can weje <canweje@yahoo.com>; ras chux <raschuxxy@yahoo.com>; dapo akinrefon <dapoakinrefon@yahoo.com>; dapo olufade <dapoolufade@yahoo.com>; biyi fire <biyifire@yahoo.com>; """kazaudu@gmail.com""" <kazaudu@gmail.com>; """chidiao@hotmail.com""" <chidiao@hotmail.com>; """info@bamideleaturuandco.com""" <info@bamideleaturuandco.com>
Sent: Thursday, March 21, 2013 3:05 PM
Subject:
Ladies and Gentlemen of the Press,
Today, the 21st day of March 2013, we wrote to the Attorney General of the Federation formally informing him of the decision of Honourable Justice Adamu Bello of the Federal High Court on deregulation. but more importantly we applied to join in a suit which seeks removal of subsidy as we do not want the possibility of two Federal High Court reaching conflicting decisions on the same subject as that will ridicule the judiciary and truncate the wobbly attempt to bulid liberal democracy in Nigeria. the letter is self-explanatory.
Also, we have applied to join in the other suit to bring all the relevant facts on deregulation before Honourable Justice Ademola of the Federal High Court also in Abuja and to prevent any embarrassing and conflicting decisions. we are posting below for your use the letter to the AGF and the application in the other case which comes up on the 18th of April, 2013.
Thank you and God bless
Bamidele Aturu
21st March, 2013
Honourable Attorney General
and Minister of Justice
Attorney General's Chambers
Federal Ministry of Justice
Abuja
Dear Sir,
RE: SUIT NO: FHC/ABJ/CS/835/2012
CHIEF STANLEY OKEKE
AND
THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA
THE HON. MINISTER OF PETROLEUM
THE HON. MINISTER OF FINANCE
We pay the Honourable Attorney General compliments and express our very warm professional greetings.
We write this letter to bring to your notice the judgment delivered by Honourable Justice Adamu Bello of the Federal High Court, Abuja Judicial Division on the 19th of March 2013 in Bamidele Aturu v Attorney General of the Federation wherein he granted all the claims of the Plaintiff, in the following terms, to wit:
A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in vicious violation of the mandatory provision of section 6 of the Petroleum Act, cap P.10, Laws of the Federation of Nigeria, 2004.
2. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in flagrant violation of the mandatory provision of section 4 of the Price Control Act, cap P28, Laws of the Federation of Nigeria, 2004.
3. A DECLARATION that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria is unlawful, illegal, null, void and of no effect whatsoever being in conflict with Section 16(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the Government shall control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.
4. A DECLARATION that that the policy decision of the Defendants to deregulate the downstream sector of the petroleum industry by not fixing the prices at which petroleum products may be sold in Nigeria has the effect of making the freedom of movement guaranteed in section 41 of the Constitution of the Federal Republic of Nigeria, 1999 illusory for the Plaintiff and the generality of Nigerians and is therefore illegal, unconscionable and unconstitutional and of no effect whatsoever.
5. AN ORDER restraining the Defendants their agents, privies, collaborators and whosoever and howsoever from deregulating the downstream sector of the petroleum industry or from failing to fix the prices of petroleum products as mandatorily required by the Petroleum Act and the Price Control Act.
6. AN ORDER directing the Defendants to fix and publish regularly prices of petroleum products forthwith.
Of course, your counsel was in court when the decision was delivered but we consider it a social duty to bring it to your notice formally out of abundance of caution. We have no doubt that you will counsel the Federal Government to obey the decision without any delay.
The second, and perhaps more important reason why we write this letter is to bring to your knowledge, in the unlikely event that are you are not already aware, a pending suit before Honourable Justice Ademola also of the Abuja Judicial Division of the Federal High Court (the Suit is referenced above) asking the court to remove and abolish the fuel subsidy regime. To all intents and purposes that suit filed on 21st December 2012 is the antithesis of Aturu v AGF filed since 13th October 2009.
As you are likely to be the counsel of the President in the said suit, we urge you to kindly bring to the attention of Honourable Justice Ademola the decision in Aturu v AGF in which you were a party. This is a professional duty that we expect you will perform without any prompting and which we only put in writing for record purposes. You will agree with us that as the Chief Law Officer of the country you have the duty to ensure that you cite all the decisions of the court that come to your knowledge, not to talk of those in which you were a party and in which you were represented in court by counsel during the delivery of the judgment. Bringing the decision of the court in the earlier case to the attention of the judge in the yet to be decided case would ensure that you would have done your best in preventing any inadvertent conflict in decisions of judges of the same court.
Accept the renewed assurance of our very high regards.
Thank you.
Yours faithfully,
For: Bamidele Aturu Esq
Anthony Itedjere Esq
IN THE FEDERAL HIGH COURT
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/835/2012
BETWEEN
CHIEF STANLEY OKEKE ……………………………………………………… PLAINTIFF/RESP
AND
THE PRESIDENT FEDERALREPUBLIC OF NIGERIA
THE HON. MINISTER OF PETROLEUM
THE HON. MINISTER OF FINANCE ……………………………DEFENDANTS/RESP
In Re: BAMIDELE ATURU ………………………PARTY SEEKING TO BE JOINED/APPLICANT
MOTION ON NOTICE
BROUGHT PURSUANT TO:
a. Order 9 Rule 15(1) of the Federal High Court (Civil Procedure) Rules, 2009
b. Inherent Jurisdiction of this Honourable Court.
TAKE NOTICE that this Honourable Court will be moved on………..the …….day of………….. 2013 at the Hour of 9 O' Clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicant for:
1. AN ORDER of this Honourable Court joining the Applicant as the 4th Defendant in this suit.
2. AND for such further or other orders as this Hounourable Court may deem fit to make in the circumstances.
FURTHER TAKE NOTICE that the grounds upon which this application is brought are as stated below:
a. The Applicant has an interest in the decision of this Honourable Court as a citizen of Nigeria who will be adversely affected by withdrawal of subsidy regime claimed by the Plaintiff in the suit herein.
b. The joinder will enhance complete and effectual resolution of the issues surrounding deregulation of the downstream sector of the oil industry in Nigeria.
c. Honourable Justice Adamu Bello of the Federal High Court, Abuja Judicial Division has on the 19th of March 2013 given judgment in favour of the Applicant declaring the deregulation of the downstream sector of the oil industry, that is withdrawal of subsidy regime, as unconstitutional, illegal and void in Suit No. FHC/ABJ/CS/591/2009.
d. Joinder of the Applicant will prevent any possible conflicting decisions by Honourable Judges of this court on the same subject.
e. The Plaintiff has not brought the existence of the suit referred to in paragraph d supra and the judgment thereon to the attention of this Honourable Court.
DATED this 21st day of March, 2013
Anthony Itedjere Esq
Bamidele Aturu & Co
53, Mambolo Street, Zone 2, Wuse
Abuja
FOR SERVICE ON:
Plaintiff's Counsel
M.A. Ebute
U.B Eyo
M.A Ebute and Co
No. 129 Yakubu Gowon
Crescent Asokoro
Abuja
Tel: 08035882262
1st Defendant
C/o Attorney General of the Federation
And Minister of Justice
Shehu Shagari Way
Abuja
2nd Defendant
Block D
N.N.P.C Towers
Central Business District Abuja
3rd Defendant
Federal Ministry of Finance
Near Federal Secretariat
Ahmadu Bello Way
Central Business District
Abuja
IN THE FEDERAL HIGH COURT
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/835/2012
BETWEEN
CHIEF STANLEY OKEKE ……………………………………………………… PLAINTIFF/RESP
AND
THE PRESIDENT FEDERALREPUBLIC OF NIGERIA
THE HON. MINISTER OF PETROLEUM
THE HON. MINISTER OF FINANCE ………………………………DEFENDANTS/RESP
In Re: BAMIDELE ATURU ……………………PARTY SEEKING TO BE JOINED / APPLICANT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, Anthony Itejere, male, Christian, Legal Practitioner, Nigerian Citizen of No 53, Mambolo Street, Zone 2, Wuse, Abuja do hereby make oath and state as follows that:
1. I am a Legal Practitioner in the law firm of Bamidele Aturu And Co, counsel to the Applicant in this matter.
2. The facts to which I depose to hereunder are facts within my personal knowledge pursuant to my aforesaid employment except otherwise stated.
3. I have the consent of my employers and that of the Applicant to depose to this affidavit.
4. The Applicant filed an Originating Summons before the Federal High Court on the 13th of October 2009 in Suit No. FHC/ABJ/CS/591/2009. The Originating Summons is herewith attached and marked as Exhibit AI 1.
5. Judgment in the suit referred to in paragraph 4 supra was delivered on the 19th of March 2013 by Honourable Justice Adamu Bello wherein he granted all the claims of the Applicant.
6. I have applied for the Certified True Copy of the said Judgment, but it is not ready. Herewith attached and marked as Exhibit AI 2 is a copy of the said application.
7. The 1st Defendant herein is represented by the 2nd Defendant in the suit in which the Applicant is a Judgment Creditor.
8. The 2nd Defendant in the said suit was represented by counsel when Honourable Justice Adamu Bello delivered judgment in the suit.
9. The decision in this case could conflict with the decision of Honourable Justice Adamu Bello and that is capable of ridiculing the judiciary.
10. The fact of the earlier case and the judgment in the suit heard and determined by Honourable Justice Adamu Bello have not been brought before this Honourable court by any of the existing parties to the present case.
11. The defendant will be affected by any decision of this court that conflicts with the earlier decision given in his favour and will affect his interest as a Nigerian who will be left at the mercy of the market forces if the present action succeeds.
12. It is necessary to grant this application in the interest of justice.
13. That I the said Anthony Itedjere Esq depose to this affidavit conscientiously and in good faith believing same to be true and correct in accordance with the Oaths Act 2004.
DEPONENT
Sworn to at the Federal High Court, Registry, Abuja
This 21st day of March, 2013
BEFORE ME
COMMISSIONER FOR OATH
IN THE FEDERAL HIGH COURT
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/835/2012
BETWEEN
CHIEF STANLEY OKEKE ……………………………………………………… PLAINTIFF/RESP
AND
THE PRESIDENT FEDERALREPUBLIC OF NIGERIA
THE HON. MINISTER OF PETROLEUM
THE HON. MINISTER OF FINANCE ……………………………DEFENDANTS/RESP
In Re: BAMIDELE ATURU ………………………PARTY SEEKING TO BE JOINED/APPLICANT
APPLICANT'S WRITTEN ADDRESS IN SUPPORT OF MOTION FOR JOINDER
1.0. Introduction
1.01. This is a written address in support of the Motion on Notice dated the 21st of March, 2013.
1.02. In support of the Affidavit is a 13 paragraph affidavit. We seek to rely on all the paragraphs of the affidavit.
2.0. Relevant Facts
1.01. The Applicant is a citizen of Nigeria and Judgment Creditor in Suit No. FHC/ABJ/CS/591/2009 : Bamidele Aturu v Minister of Petroleum Resources and Attorney General of the Federation
1.02. On the 19th of March, 2013, Honourable Adamu Bello of the Federal High Court granted all the Applicant's claims and declared the deregulation of the downstream sector of the oil industry, that is, withdrawal of subsidy regime in the oil industry (which is the essential claim of the Plaintiff in the suit herein), illegal and unconstitutional.
1.03. Although the 2nd Defendant in the suit referred to in paragraph 1.02 supra, that, is the Attorney General of the Federation is also the counsel to the 1st Defendant in the suit herein, he has not brought the fact of the case and the judgment therein to the notice of this court.
2.1. Issue for Determination
2.2. It is respectfully submitted that the issue that arise for determination in this application is: whether the Applicant has satisfied this Honourable court that he should be joined as a party to this suit.
2.3. Arguments
2.4. The principles guiding our courts in determining whether or not an application for joinder will be granted have been enunciated in several cases. In the Supreme Court case of Carrena v Arowolo (2008) 14 NWLR (Pt.1107) at 16, it was held that:
''It is settled principle of law that an application by a third party or intervener for joinder can only be granted if the applicant satisfies the court (i) that his presence is necessary for the effectual adjudication of the matter (ii) that the Plaintiffs claim against the existing defendants also affects him…'
2.5. The Applicant who is a Judgment Creditor in Suit No. FHC/ABJ/CS/591/2009 has deposed to certain facts which were not brought to the notice of this Honourable Court.
2.6. The Applicant has brought before this Honourable Court the fact that the Plaintiff did not inform this court that there was a pending suit on deregulation of the oil industry. The court is respectfully referred to Exhibit AI 1.
2.7. Consequently, it is our submission that these facts which the existing parties did not present before this Honourable Court will enable the court to effectually and completely determine the issue before it.
2.8. Furthermore, the decision of this court one way or the other will affect the Applicant as he is a judgment creditor in a similar suit. We urge this court most respectfully to so hold. See also the Supreme Court decision in Ogolo v Fubara (2003) 11 NWLR (Pt.831) at 32.
2.9. Perhaps, more fundamentally, the grant of this application will prevent a possible situation in which judges of this Honourable Court hand down conflicting situation on the same subject and thus needlessly ridicule the judiciary. Thus, it is in the interest of public policy that this Honourable Court grant the present application.
4.1. Conclusion
4.2. We urge this Honourable court to grant the application of the Applicant for joinder.
DATED this 21st day of March, 2013
Anthony Itedjere Esq
Bamidele Aturu & Co
53, Mambolo Street, Zone 2, Wuse
Abuja
FOR SERVICE ON:
Plaintiff's Counsel
M.A. Ebute
U.B Eyo
M.A Ebute and Co
No. 129 Yakubu Gowon
Crescent Asokoro
Abuja
Tel: 08035882262
1st Defendant
C/o Attorney General of the Federation
And Minister of Justice
Shehu Shagari Way
Abuja
2nd Defendant
Block D
N.N.P.C Towers
Central Business District Abuja
3rd Defendant
Federal Ministry of Finance
Near Federal Secretariat
Ahmadu Bello Way
Central Business District
Abuja.
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BAMIDELE ATURU & CO.
29, OLUFESO STREET, OFF LAGOS-ABEOKUTA EXPRESSWAY, CEMENT BUS STOP, OFF ASCON FILLING STATION, OPPOSITE ABIBAT-MOGAJI MILLENNIUM SECONDARY SCHOOL, LAGOS
LAGOS STATE. NIGERIA.
BAMIDELE ATURU & CO.
29, OLUFESO STREET, OFF LAGOS-ABEOKUTA EXPRESSWAY, CEMENT BUS STOP, OFF ASCON FILLING STATION, OPPOSITE ABIBAT-MOGAJI MILLENNIUM SECONDARY SCHOOL, LAGOS
LAGOS STATE. NIGERIA.
TEL.NO : +234-1-8043418, +234-8023128967,+234-8055999888,+234-8033375796.
E-MAIL:aturulaw@yahoo.com
WEBPAGE: www.bamideleaturuandco.com
E-MAIL:aturulaw@yahoo.com
WEBPAGE: www.bamideleaturuandco.com
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