Labour asks court to discontinue fuel tax suit
From Emmanuel Onwubiko, Abuja
ALTHOUGH the Federal Government and the Nigeria Labour Congress (NLC) have closed their submissions on the N1.50 fuel tax suit, counsel to Labour, Mr. Femi Falana, wants the Federal High Court, Abuja to discontinue with the case.
At yesterday's proceedings, Falana accused Justice Roseline Ukeje of bias and high-handedness against Labour.
But Justice Ukeje said she would not be provoked by Falana's allegation and consequently fixed ruling on the suit for September 17, 2004.
Falana said he was asking the judge to discontinue with the case because the court prevented it from pressing on with contempt proceedings Labour initiated against some government functionaries responsible for the regulation of petroleum products prices, which the NLC accused of violating court order that fuel price should remain at N38.00 per litre.
He remarked that even though the court adjourned the matter to enable him adopt his written brief in defence of NLC, it had become proper for him to ask the court to dismiss the action since the plaintiff (government) had persistently disobeyed the court's order on fuel prices.
"We have deemed it fit a motion seeking to have the writ of summons and other processes set aside. Since the application challenging the processes on the defendants attacks the jurisdiction of the court, we humbly beg to be allowed to move the motion," Falana said.
Government's counsel, Chief Afe Babalola through Mr. Wole Aladedoyin reminded the court that it had ruled that Falana moved for the adoption of his brief at yesterday's hearing "which takes precedence over any other matter".
Ukeje, who overruled the application also reacted to Falana's allegation that the court refused to oblige it certified copies of an earlier order it requested to file an appeal on one of its rulings.
Falana said "by refusing to grant our request in the circumstance, it is our humble view that the honourable court had taken sides with the plaintiff and one of the grounds in our proposed appeal, is the competence of this court to proceed with this matter on account of bias".
Justice Ukeje in her ruling after Aladedoyin had replied Falana, noted that she would not want to join issues with the defendant's counsel nor allow herself to get irritated by his utterances.
"I have taken judicial notice of the fact that Mr. Falana has raised the issue of bias, but I will never get angry. I will never feel angry on this case or on any other matter," Ukeje said.
After Falana had moved his application to get the court processes quashed by virtue of Order 13 Rule 2 of the Federal High Court (Civil Procedure) Rules, he also adopted his brief on the originating summons.
The NLC lawyer argued that since government objected to the contempt proceedings being heard on account that the Attorney General of the Federation was not personally served by the court bailiff, the same could be said of the originating summons since it was no personal service on his clients.
Falana contended that the government's intention to introduce the fuel tax should be declared illegal since the action did not receive the blessing of the National Assembly.
Labour also challenge government adoption of deregulation of the downstream sector of the oil industry, pointing out that there was no law backing it.
It contended that government's argument that it introduced price modulator as against fuel tax should be discountenance because an attempt to have same approved in the 2004 Appropriation Bill sent to the National Assembly was later withdrawn for fear that it would be passed into law.`
