SERAP Sues President Tinubu Over Alleged Unlawful Petrol Price Hike
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu, challenging what it terms an “unlawful” and “unconstitutional” increase in the price of petrol. The organization is urging the president to direct the Nigerian National Petroleum Company Limited (NNPCL) to reverse the hike and investigate allegations of corruption within the NNPCL.
The Allegations: Unlawful Price Hike and Corruption
SERAP argues that the recent hike in petrol prices, from N600 to N845 per litre, is causing significant hardship, particularly for the less privileged in Nigerian society. According to SERAP, this increase was not only unjustified but also unconstitutional. In addition to challenging the price hike, the lawsuit demands that President Tinubu and relevant authorities, including the Attorney General of the Federation, Lateef Fagbemi, investigate corruption and mismanagement within the NNPCL.
The organization highlights the NNPCL's alleged failure to remit oil revenues to the public treasury and questions the use of a $300 million bailout from the Federal Government in August 2024. SERAP also points to the NNPCL’s $6 billion debt to suppliers as further evidence of financial mismanagement.
Legal Demands: Accountability and Reversal of Petrol Price Increase
Filed under suit number FHC/ABJ/CS/1361/2024 at the Federal High Court in Abuja, SERAP is seeking a court order to compel President Tinubu to reverse the petrol price hike and hold NNPCL accountable. The lawsuit calls for a thorough investigation into the NNPCL's operations, including the use of public funds and allegations of corruption, and urges the prosecution of any officials found culpable.
SERAP’s position is clear: the price hike exacerbates Nigeria’s already severe economic challenges, pushing more citizens into poverty. The organization asserts that holding the NNPCL accountable serves a legitimate public interest and aligns with Nigeria's constitutional and international obligations.
Economic and Social Impact of the Petrol Price Hike
SERAP contends that the hike in petrol prices places an unfair burden on vulnerable Nigerians. With millions of citizens already struggling amid worsening economic conditions, the price increase further jeopardizes their well-being, depriving them of the minimum living conditions compatible with human dignity.
According to the lawsuit, the petrol price hike is not inevitable but stems from the government's longstanding failure to address corruption and mismanagement in the oil sector. SERAP emphasizes that the continued increase in fuel prices has a cascading effect on society, perpetuating poverty and inequality.
Human Rights Violations: Undermining Dignity and Participation
In its submission, SERAP argues that the arbitrary increase in petrol prices constitutes a violation of Nigerians' fundamental human rights. The right to life, as enshrined in the Nigerian Constitution, includes not only the right to physical survival but also the right to access conditions that guarantee a dignified existence.
The lawsuit further contends that the increase in fuel prices undermines citizens' ability to participate in democratic governance and enjoy their rights. With widespread poverty and inequality, many Nigerians find it difficult to meet their basic needs, let alone engage meaningfully in civic processes.
Constitutional Obligations and the Role of Government
SERAP's legal argument rests on several provisions of the Nigerian Constitution. The organization cites Section 13, which requires the government to observe and apply the principles of social justice outlined in Chapter 2 of the Constitution. Section 15(5) imposes a duty on the government to eliminate corruption, while Section 16(1) mandates the state to ensure the welfare, freedom, and happiness of citizens.
Moreover, Section 16(2) underscores the need to distribute the nation’s resources in a way that serves the common good. SERAP asserts that the government’s failure to address corruption and mismanagement in the NNPCL is inconsistent with these constitutional duties.
The Bigger Picture: Corruption in the Oil Sector
SERAP’s lawsuit is not only about reversing the petrol price increase but also about addressing systemic corruption in Nigeria’s oil sector. The organization notes that the NNPCL allegedly failed to remit significant sums—USD$2.04 billion and N164 billion—of oil revenues into the public treasury, as documented in a report by the Auditor-General of the Federation.
SERAP argues that the government’s reluctance to confront corruption in the NNPCL has long-lasting implications for Nigeria’s economy and the well-being of its citizens. The persistent increase in petrol prices is a direct result of this corruption, and it is the Nigerian people who ultimately pay the price.
Conclusion: The Call for Justice
SERAP’s lawsuit is a call for accountability, transparency, and justice. It seeks to ensure that the Nigerian government fulfills its constitutional and international obligations to protect the rights and welfare of its citizens. By challenging the petrol price hike and demanding an investigation into the NNPCL, SERAP aims to hold the government accountable for its actions and ensure that those responsible for corruption are brought to justice.
No date has been set for the hearing of the case, but SERAP’s Deputy Director, Kolawole Oluwadare, remains hopeful that the court will compel the government to act in the best interest of the Nigerian people.
For more information or to request an interview, SERAP can be reached at info@serap-nigeria.org or +2348160537202
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