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 Daily Independent Online.
* Friday, July 23, 2004.
NLC accuses
CJ of bias over fuel tax
• Labour explains why it
opposes FG
By Akanimo
Sampson
(Port Harcourt)
and Rotimi
Fadeyi (Abuja)
Judgement
in the legal battle over fuel tax between the government and the Nigeria
Labour Congress (NLC) has been fixed for September 17, even as the union
has accused the Chief Judge of the Federal High Court, Justice Roseline
Ukeje, of bias during the hearing.
The judge denied
the allegation, insisting that she has no reason to be bias in the case or
take sides with either party.
At the resumed
hearing on Thursday over the N1.50 fuel tax and the increase in the
prices of petroleum products, there was heated argument between Labour
counsel Femi Falana and government lawyer Wole Adegoke (from Afe Babalola’s
chambers) on the issue of bias and even allegation of denial of court
records to prepare for the Court of Appeal on the July 15 ruling that
written argument backing their different positions be adopted before
considering the contempt charge brought against the government.
Before Falana
made the allegation, he had asked Ukeje to entertain argument on his
motion challenging the jurisdiction of the court before the consideration
of any other issues, including the adoption of his written brief, saying
the issue of jurisdiction takes precedent over all other matters.
However, after
entertaining argument from both counsel on whether the motion challenging
jurisdiction should be taken before any other matter, including the
adoption of brief, the judged ruled that both could be taken together for
the speedy dispensation of justice.
According to
Falana, he was only prepared for the application torching on the
jurisdiction of the court and not ready to adopt any written brief. He
said the position was based on the instruction given to him by his
clients.
He also alleged
that he was denied the court records with which he would have filed his
appeal at the Court of Appeal on the July 15 ruling of the court, where
it failed to consider the issue of contempt before other matters.
Adegoke picked
holes in the argument of Falana. To him, the court has the power to
control its proceedings, saying Oshiomhole cannot dictate how the court
would control its proceedings.
On the issue of
bias, Adegoke argued that Falana had not proved the allegation against
Ukeje and that he has not furnished the particulars of bias.
Meanwhile, the
NLC has said it would continue to oppose government’s economic policies
that pile hardship on the masses, like arbitrary fuel price increases.
Its Rivers State
Chairman Sam Sam Jaja said in an interview that the government’s plan to
reduce Labour’s influence so that Abuja “can continue to afflict the
people will not succeed because there is no way Labour can abandon
Nigerians".
He believes that
there is the need for the government to promote greater diversity and
flexibility of its economic policy while trying to maintain macroeconomic
stability.
Jaja claimed
that, like any other democratic movement, Labour also uses the most
valuable instrument that democracy offers, freedom, to discuss issues but
that Abuja is not comfortable with the NLC’s “pro-people stance
particularly on frequent fuel price increases”.
NLC leaders in
the South SouthLare currently discussing strategies to make effective
their plans to advance the cause of Labour.
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