Obasanjo asks court to dismiss suit over petroleum post
From Emmanuel Onwubiko, Abuja
PRESIDENT Olusegun Obasanjo yesterday asked a Federal High Court, Abuja to dismiss suit filed by the Niger Delta Democratic Union (NDDU) seeking to compel him to appoint a Minister of Petroleum Resources.
However, the NDDU at the court session also canvassed the position that it has locus standi as citizens of Nigeria and indigenes of the crude oil producing states, to institute the suit.
Obasanjo was represented by Mr. Samuel Ajayi, a counsel in the Federal Attorney General's office while the NDDU was represented by Mr. Olusola Rhioghere.
The President canvassed his preliminary objection anchored on the three grounds that the plaintiffs have no locus sandi to institute the action, the court lacks the jurisdiction to hear the matter and that the action as presently constituted is frivolous, vexatious and amounts to an abuse of judicial process. He also posited that the most logical conclusion to be reached by the court was to throw out the suit with substantial cost.
Austine Ayoe and Mr. Dafe Karl Chuks for themselves and on behalf of members of the NDDU sued Obasanjo, the Federal Attorney General Chief Charles Akinlolu Olujimi (SAN) and the Petroleum Products Pricing Regulatory Agency (PPPRA) to court, seeking a declaration that Obasanjo's decision not to appoint a Minister of Petroleum Resources is unconstitutional, illegal, null and void.
At the session yesterday, Obasanjo's lawyer told the court that the plaintiffs have failed to adduce or show sufficient interests or damage that they have or are likely to suffer by Obasanjo's refusal to appoint a petroleum minister.
According to Ajayi: "The plaintiffs have not shown sufficient interest in the subject matter of this suit."
He continued: "In the case of Attorney General of the Federation versus Attorney General of Abia and others, the Supreme Court held that where the plaintiffs do not have justifiable dispute, the court ought to decline jurisdiction."
According to him, several Supreme Court authorities advised judges to decline jurisdiction once a proceeding was wanting in bonafide.
But the plaintiff's lawyer faulted Obasanjo's position and urged the court to hear the substantive suit.
The plaintiff lawyer said: "My lord, the preliminary objection is misconceived and is groundless because the plaintiffs, as Nigerian citizens, have the requisite locus standi to institute this action. The subject matter is a constitutional issue and touches on the plaintiffs right to be governed in accordance with the statutes."
The plaintiffs added: "The Supreme Court has moved away from the stifling of the people's access to justice and is now liberal. The Supreme Court is of the position that citizens must not be shut out from the temple of justice. The plaintiffs do have justiciable dispute with the President because the failure to appoint a Minister of Petroleum Resources since 1999 has ignited a reign of confusion in the sub-sector and engendered hardship caused by incessant price increase of petroleum products."
Justice Steve Jonah Adah consequently fixed September 15, 2004 for ruling on Obasanjo's objection to the hearing of the substantive matter.
