USA Africa Dialogue Series - FG APPEALS AGAINST DEREGULATION SUIT

FG APPEALS AGAINST DEREGULATION SUIT

The Attorney General of the Federation, the Honourable Minister of Petroleum Resources and the Honourable Minister of Commerce and Industry have appealed against the decision of Honourable Justice Adamu Bello of the Federal High Court in Bamidele Aturu v Honourable Minister of Petroleum Resources delivered on the 19^th of March, 2013. It will be recalled that the learned justice granted all the claims of the Plaintiff in that suit and nullified the deregulation of the downstream sector of the oil industry.

The 9- page Notice of Appeal is dated the 10^th day of April, 2013 and was filed by 7 lawyers led by Dr Fabian Ajogwu and Mrs. A. O. Mbamali on behalf of the Federal Government.

In all there are five grounds of appeal, namely:

1.       The court erred in law on the question of the locus standi of the respondent when it held that it is clear that under both the narrow interpretation of locus standi and the broader interpretation the plaintiff was qualified to be accorded locus standi to sue in this matter.

2.       The learned trial judge misdirected himself when he held that the combined reading of section 4 and 6 of the Price Control Act and the Petroleum Act leaves no one in doubt that the control of and regulation of prices of petroleum products, among others, is a legal duty imposed on the Government of the Federation

3.       The court erred that by enacting the Price Control Act and the Petroleum Act the Government has made the economic objective in section 16(1)(b) of the Constitution in Chapter II justiciable.

4.       The Court erred in law when it summarily granted the reliefs in the respondent's originating summons

5.       The learned trial judge failed to consider and pronounce on all the issues properly submitted before it and that failure to do so amounted to a denial of fair hearing.

The Appellants prayed the Court of Appeal for an order setting aside the judgment of the lower court and dismissing the respondent's matter in its entirety or striking it out on the ground that the respondent lacks locus standi.

The Appellants also filed a motion before the trial court praying for an order staying the execution of the judgment of the court pending the determination of the appeal against the judgment. No date has been fixed for the hearing of the appeal or the motion for stay of execution.

 

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