Defiant fuel marketers to face contempt charge, Ukeje warns
From Emmanuel Onwubiko (Abuja), Sunny Obidigbo (Lagos) and Hendrix Oliomogbe (Benin)
FUEL marketers yet to comply with a Federal High Court, Abuja interim order for a return to the N38 per litre price regime of petrol may face contempt charges.
At the resumption of hearing yesterday into the Federal Government suit against the Nigeria Labour Congress (NLC) opposition to the controversial May 29, 2004 new prices of petroleum products, Justice Roseline Ukeje warned the marketers against flouting her order.
She told those who have chosen to undermine the integrity of the court to be prepared for prosecution.
Also in Abuja on Tuesday, the rift between tanker owners and marketers over a N300 million debt by the oil firms has been resolved.
But the scarcity of products, which began in Abuja, Kaduna and Benue states on Monday, has extended to Edo State.
Turning to the NLC, Ukeje asked its leadership not to violate the court order by embarking on any industrial action.
Justice Ukeje had penultimate week dismissed a fresh action instituted by the government on the same matter.
In her earlier order, Ukeje asked the government not to increase fuel prices while Labour should not go ahead with its threatened strike.
At the session, both parties to the suit could not adopt their written addresses because the government said that Labour only served it with the brief yesterday morning.
Chief Afe Babalola (SAN) who is the government counsel was represented by a lawyer from his chamber, Mr. Debayo Adenipekun. The NLC defence counsel, Mr. Femi Falana, was also represented by Mr. Shina Oke.
At the end of the brief session, Justice Ukeje adjourned the matter to July 8 for definite hearing. She told them to respect the pending court order.
On February 9, 2004, Justice Ukeje had ordered the government to revert to the old rate of N38 per litre of Premium Motor Spirit (PMS) and the NLC not to embark on strike pending the determination of the suit.
The government went to the Federal High Court after Justice Ayo Salami of the Court of Appeal, Abuja Division, declined jurisdiction on the judgment by the Chief Judge of the Federal Capital Territory (FCT) Justice Lawal Gumi. He had ruled that it was the inalienable right of the NLC to call its members on strike to protest government's alleged unfriendly policies.
The tanker owners had refused to load petroleum products yesterday to protest the non-payment of the debt owed them by the major marketers.
Alhaji Tijjani Zubairu, chairman, Tanker Drivers Association, confirmed in Abuja yesterday that the marketers had agreed to settle the amount "immediately."
Following the agreement, he said, tanker drivers had been directed to resume the lifting of petroleum products.
Zubairu confirmed that tankers had already queued-up at Suleja Depot of the Nigerian National Petroleum Corporation (NNPC) to lift products.
He said the transport owners did not embark on strike to inflict hardship on Nigerians, but "to get our rights from the marketers."
"We apologise to Nigerians for the inconveniences they went through during the period," he said.
In Lagos, lifting of petroleum products from the Ejigbo depot has resumed.
Many filling stations in Lagos metropolis, which did not have the products on Tuesday were seen selling to motorists yesterday.
The drivers said they returned to work based on the agreement between the major marketers to pay the approved 20 per cent increase in bridging transportation with effect from January 1, 2004.
According to the National Secretary of the Nigeria Association of Road Transport Owners (NARTO) Mr. Enoch Kanawa, the marketers had called for a meeting with the union on Tuesday, where it was agreed that they would start payment of the new freight rate within one month from Tuesday, June 22, 2004.
He said that the marketers represented by the Managing Director of Africa Petroleum Plc, Alhaji Abdulahi Sule also agreed that the issue of insurance cover for marketers' cargo would be looked into by the committee of chief executives of the major firms.
The owners protest may have caused queues at fuel retail outlets in Benin, the Edo State capital yesterday.
On the busy Uselu-Lagos Road, there was a queue at Oando Station as anxious motorists thronged the outlet to by fuel.
The situation was the same at Total on Mission Road and Akpakpava Street.
Queues were also noticeable at AP, Mobil and Agip on the same road (Akpakapava) while the price ranged from N41.50 to N43 at the stations
Meanwhile, the NLC has said that it was collating reports from it various councils on the level of compliance with the court order by the marketers.
The NLC Acting President, Mr. Joseph Akinlaja told The Guardian yesterday that Labour might be compelled to embark on another strike if reports from its various councils indicate low compliance.
Besides, he noted that other petroleum products such as kerosene and diesel were still being sold at exorbitant prices, adding that the NLC would not fold its arms and watch marketers exploit Nigerians.
To this end, he urged marketers to take ample opportunity of Labour's situational collation period to implement the price regime as mandated by the court order.
"We are at present awaiting situational reports from our various councils across the country upon which our next line of action would be based.
"Right now some of the reports show very low compliance by the marketers but we would not be deterred by this development as we are determined to ensure that they comply with the court order."
The Lagos State council of the NLC has said it was giving the marketers seven more days of grace with effect from yesterday to revert to the pre-February prices.