Fuel Price: Court Rejects NLC's Contempt Application
From Lillian Okenwa in Abuja
Contempt proceedings filed against government agencies responsible for the regulation of petroleum prices yesterday suffered a major setback as Justice Rose Ukeje, Chief Judge of the Federal High Court said the Nigeria Labour Congress (NLC) cannot proceed with the contempt proceedings already filed.
When the matter which was initially adjourned to enable counsel in the matter adopt their written briefs came up, Mr. Femi Falana, NLC lawyer drew the attention of the court to the contempt proceedings which he had commenced against the Attorney-General of the Federation (AGF).
According to him, "we have since filed and served forms 48 and 49 on the AGF. In return to this development, the plaintiffs (government) have filed two preliminary objections seeking to have the said forms 48 and 49 set aside.
"My Lord, we have filed an objection to the competence of the plaintiffs to argue such preliminary objections. Subject to the conveniences of the court, we are prepared to argue our objections first since it takes precedence over any other matter," Falana argued.
However, Chief Afe Babalola (SAN), lead counsel to the government objected to Falana's position.
Babalola said: "Contempt proceeding is a quasi criminal matter and even a market woman knows that service must be on the person involved. The form 48 was served on a clerk, one Miss Ngozi Nnabuike.
"We filed objections on the contempt matter. In spite of the objection, the defendants went ahead to file forms 49 and made the same mistake by serving it on a clerk, one C. A. Sazu."
Thereafter, Justice Ukeje asked the lawyers to adopt their written briefs and to highlight the reliefs sought to which Falana explained he was not prepared to do.
An enraged Falana pointed out that the non-compliance with court order that fuel price should revert to the pre-February 9 benchmark should be viewed seriously by the court.
He also said he would commence same contempt proceedings against Babalola whom he claimed violated an undertaking to ensure the court order was obeyed.
"My lord, I have a dilemma. As a young man who fought for the enthronement of democracy, it will not be proper for a Senior Advocate of Nigeria (SAN) to contribute to disobedience of court order," Falana argued.
The statement, which obviously annoyed Babalola, led to hot exchanges between the two counsel before Justice Ukeje intervened.
She later adjourned further hearing to next Thursday.
Babalola in adopting his briefs, argued that pricing policy, including the imposition of N1.50 fuel tax does not constitute trade dispute.
He also held that even where such constitute trade dispute, it was illegal for the NLC to intimidate or compel any worker to carry out its orders to embark on strike, or to close down airports or to take similar action.
Last month, the court was piqued by the refusal of some players in the oil sector to comply with its order that the price of fuel should revert to pre-February 9 price (N41.50), leading to a warning that anyone who continued to violate the court order might be jailed.
After the court order, marketers have twice increased products price first to N42.90 and now to N43.90.
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