Court Rules on Petroleum Minister, Sept 15
From Lillian Okenwa in Abuja
A Federal High Court, Abuja will on September 15, give verdict on the preliminary objection filed by the Federal Government opposing the suit by two members of the Niger Delta Development Union (NDDU) seeking to compel President Olusegun Obasanjo to appoint a Minister for Petroleum Resources.
Federal Government in its objection argued that the President was not constitutionally bound to appoint any minister other than the Attorney General of the Federation and Minister of Justice.
Government's Counsel, Mr. Samuel Ajayi contended that, "As the Chief Executive, the President has the right not to appoint any minister. He could choose to be in charge of all the ministries. He is only constitutionally bound to appoint the Minster of Justice.
"The plaintiffs lack the sufficient interest to show that their privacy has been infringed on. They have also failed to show that they have suffered special damages through the action of the President in not appointing a Petroleum Minister."
Government further argued that the certificate of registration does not impose any duty on the plaintiffs beyond its duty as a pressure group adding that, "They cannot because they are a pressure group intimidate anybody. The certificate of registration does not appoint the plaintiffs as a busy body or intruder."
On the jurisdiction of the Court to hear the matter, government noted that, "Once the court holds that the plaintiffs have no legal right or locus standi, the Court should also hold that it has no jurisdiction over the matter.
"I urge the Court to declare the suit as frivolous and an abuse of judicial process. The action is vexatious because it was instituted maliciously without probable cause.
Reacting to government's objections, the plaintiffs urged the Court to dismiss the objection on the grounds that it was misconceived and has no basis in law and fact.
"In looking at the affidavit attached to the originating summons, there is need to look at the interest of the plaintiffs in the affidavit. The plaintiffs have the right to be governed according to the laws of the land and not how the elected leaders wish to govern them.
"They have a right to come to Court because they are citizens of Nigeria. They are in Court representing an association comprising of Nigerians. The plaintiffs are in Court because of the hardship Nigerians are going through in the area of petroleum products.
"The affidavit shows that they are from oil producing areas that suffer environmental degradation due to the exploration of Petroleum Products in the area. They urged the Court to dismiss the objection.
The duo, Austin Ayowe and Dafe Karl Chuks had gone to Court for themselves and on behalf their members (NDDU) praying it to determine whether by virtue of Section 15 of the Petroleum Act, Cap 350 Laws of the Federation 1990, as amended, there is a mandatory provision for the office of a Minister of petroleum Resources.
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