"
Describing the position of the Federal Government on the increases as an abdication of duty, he said that "Nigerians did not vote for the PPPRA or the independent oil marketers."
To buttress his rejection of the opposition of the NLC to the increases, the Senate President said that resorting to strike frequently was inimical to the development of the country.
He said: "Quick resort to strike will not ultimately stem the impasse over the pricing of petroleum products. The leadership of NLC should, through constructive dialogue, agree with other stakeholders in the petroleum sector on a generally agreeable modality for fixing the pump price of petroleum products in the country.
"A nationwide strike could only be an option when constructive dialogue fails. But in the current impasse, it would be premature to assert that dialogue has completely failed."
Some human rights activists described Wabara's response as symptomatic of "a fraudulent leadership in the Senate."
Bamidele Aturu, a lawyer and the co-ordinator of the United Action for Democracy (UAD), said it was unacceptable that the Senate leadership should throw its weight against the people, "each time a matter of this magnitude came up."
"It is sad that the Senate leadership is not always in support of the masses; it is an irony that the Senate President has turned his back on the electorate. In a genuine democracy, any political leader that is worth that name would do everything to protect the interest of those who gave him the mandate to represent them," Aturu said.
The executive director of the Civil Liberties Organisation, Mr. Chima Ubani, posited said the circumstances that led to Wabara's emergence as Senate President is clouding his sense of propriety.
He said: "We are aware of the support the Federal Government gave Wabara during and after his senatorial election. That the Senate leadership is reneging on the Senate resolution of June 1, shows the absolute lack of independence in the Upper House."
Despite the current position of the Senate, the National Conscience Party (NCP), in a statement, said that the Section 4(1) and (2) of the 1999 Constitution vests legislative powers in the National Assembly. It said that the powers have to do with any matters included in the Executive Legislative list as set out in Part 1 of the Second Schedule of the Constitution.
The statement stated that "item 39 of the Second Schedule to the Constitution vests power in the National Assembly on mines and minerals including oil fields, oil mining, geological surveys and natural gas."
It also stated that "item 62 (e) in Part 1 of the Second Schedule National Assembly to the Constitution vests in the National Assembly powers to make laws relating to: control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities."
The statement signed by the General-Secretary of NCP, Mr. Femi Aborishade, stated that petroleum products were without doubt essential commodities and only the National Assembly and not the Federal Executive Council could vary their prices.
It said the National Assembly failed because of its lack of independence from the executive, which "has so far encouraged the executive recklessness."
Executive, Judiciary and a faulted response
For the executive, the law courts have served one other purpose in the resolution of the crisis. Resorting to the courts has become a face saving approach for government. The government considers obeying a court order less humiliating than probably acquiescing to the arguments of Labour. The process, therefore, to the resolution of the conflicts has become familiar.
At the Federal High Court, Abuja, Justice Roseline Ukeje, like her colleague, Justice Lawal Gumi in January, ordered the marketers to revert to N38 for a litre of petrol. Like Gumi, she also directed the NLC to shelve its planned strike while the prices were reversed.
With the benefit of hindsight, Labour said its compliance depended on the marketers also obeying the ruling; it was wary of obeying a court order that it knew that the government was likely to disobey. It, therefore, insisted on the strike to test the willingness of the government and marketers to obey the order.
The government has scorned constructive dialogue with Labour and knowingly courts crisis by giving oil marketers the excuse to hike prices of petroleum products. And each time the scenario is repeated, Labour strikes and government's response is the same - it condemns Labour and goes to court.
The excuse by the government that there is no alternative to the anguish of higher petrol prices exposes it as an insensitive government. Government's decision to leave the destiny of its people in the hands of the forces of demand and supply is thoroughly faulted as escapist.
As it has done before, government said that it would obey the court order. The Minister of Information and National Orientation, Chief Chukwuemeka Chikelu after a Federal Executive Council meeting chaired by Vice President Atiku Abubakar, Chikelu, urged all stakeholders to comply with the court ruling.
Warning that disobedience to the order would mean contempt of court, he said: "All parties, including the NLC, would be in breach if they do not obey the decision of the court. We, as government will certainly comply."
The Inspector-General, Mr. Tafa Balogun, was told by Labour to ensure that his men enforced the order on the fuel prices. In a letter to Balogun, the NLC stated: "We are constrained to draw your attention to statements of the Federal Government... announcing government's decision to revert to the pre-tax price levels for petroleum products.
"They announced that the government had directed petroleum marketers to revert to these prices immediately and that your good self had been directed to enforce compliance with the order."
However, a few days after government's avowal and the court ruling, Labour's fears were confirmed in most cities as most marketers closed shops and displayed the N49.90 per litre for petrol. The common excuse by the officials at the petrol stations was that their headquarters had not directed them to obey the order.
The marketers pointed out that government agencies - the Nigerian National Petroleum Corporation (NNPC) and the Petroleum Products Pricing Agency (PPPRA) were not sincere. The marketers were worried that the NNPC was silent on the stock, which they bought at N38.50 per litre from the corporation.
The marketers noted that they were being portrayed as the problem when they did not create the conditions that guarantee the non-profitability of their business. For example, they said that the NNPC has cut its credit facilities to them from 30 days to 15 days, and their operational costs have increased because of the high cost of crude in the international market.
Dr. Levi Ajuonuma, NNPC spokesman however, assured the marketers that their losses would be taken care of, but that what matters most now is for the government, through the NNPC and the marketers, to obey the court.
Obeying the court order became the issue. Even the Chairman of the PPPRA, Chief Rasheed Gbadamosi, said that the order to the marketers was "in pursuance of the PPPRA's respect for the judicial process in obedience to the rule of law and tenets of democracy."
Antics of oil marketers
The scenario that precipitated last week's strike is all too familiar. The NLC on May 24 enjoined the Federal Government and PPPRA to prevail on Independent Petroleum Marketers to revert to the old prices or face industrial action by the organised Labour.
As a way of checkmating the NLC's threat, the government rushed to an Abuja High Court to seek an injunction to prevent the NLC from embarking on strike. The court ruled as it has ruled since the government found recourse to it. It directed that the price of fuel be reverted to the old price, while the NLC should call off its strike. An Abuja High Court under Justice Lawal Gumi had made the same ruling in January. And Oshiomhole lamented that the recent increase showed that despite a subsisting court order, government went on to re-impose on the people an increase through the oil marketers.
Government's action, said Oshiomhole, is contempt of court. "It is also inconsistent with the avowed commitment of Mr. President that his government and its agents will comply with court orders, especially on this matter. It is your duty to order or direct the marketers to revert to the old prices so as not to plunge the country into another avoidable crisis as to undermine Federal Government's efforts towards restoring stability," the Labour leader said.
The oil marketers explained that they had no choice following the reduction in the credit period by banks from 30 to 15 days, which meant their operations would require N10 billion from the banking system.
The choice Oshiomhole faced anytime the government and the marketers played their pranks was to declare a strike.
He knows that the marketers are always reluctant to revert to the old prices despite the ruling of the Court, and the government would unlikely encourage them to obey the court order. Although government agencies have directed the marketers to obey the court order, most of them refused to sell the products.
Anatomy of fuel hikes
Since the first fuel hike by the Obasanjo government in 2000, strikes have created memorable dates in the history of the nation and Labour's struggles. Such dates include:
