*Declines govt request to abort on-going strike nationwide
ABUJA— CHIEF Judge of the Federal High Court, Justice Roseline Ukeje, said yesterday that she never authorised the Federal Government to increase prices of petroleum products in her recent judgment on the fuel tax dispute between Government and the Nigeria Labour Congress (NLC).
She also declined an invitation by the Federal Government to abort the on-going four-day national strike action called by the Labour-Civil Society Coalition to protest the hike in the prices of petroleum products.
Besides, she discountenanced a separate request by the NLC to stay execution on her judgment delivered on September 21, this year, outlawing strike action by NLC and turned down fresh entreaties by both parties in the dispute on the grounds that having delivered her final judgment last month in the case, she had become functus officio.
Congress had approached Justice Ukeje, six days after she delivered the judgment outlawing strike action, asking her to stay execution on her judgment. The application for stay of execution was filed on September 27, the same day NLC approached the Court of Appeal to set aside the entire verdict of the court.
The Federal Government, in whose favour the judgment was entered, joined issues with Labour. Chief Afe Babalola (SAN) who is counsel to the Federal Government brought a preliminary objection on October 6, this year, asking the court not to hear Labour’s application on the grounds that it was in contempt of its judgment.
The Federal Government had also brought another application, asking for an order of the court directing NLC to give an undertaking not to go on strike or flout the subsisting order of this court made on September 21, this year.
It also wanted an order refusing to entertain all or any application that has been or may be filed by the defendants (NLC and Oshiomhole) until the defendants have withdrawn the notice of intention to go on strike on October 11, 2004 or any day thereafter until the determination of the motion on notice filed by Labour for stay of execution.
Both parties met in court yesterday on the matter. Justice Ukeje flew from Lagos to entertain the matter. Policemen were sighted around the court premises with some of them manning the entrance door to her courtroom.
Chief Babalola, lead counsel to the Federal Government was absent in court. He was represented by a junior and Senior Advocate of Nigeria, Mr. Seni Okunloye. Okunloye made frantic efforts to stop the court from listening to Labour but the court insisted that it would. Okunloye’s lone voice that the court should not hear out Labour yesterday on the grounds that hearing it would amount to determining his preliminary objection was discountenanced by the judge.
Justice Ukeje consequently took arguments from both Falana and Okunloye. Falana addressed the court first. He drew the attention of the court to some of the alleged errors in the September 21, 2004 judgment and accused her publicly of raising issues not canvassed for determination before her suo motu and decided same in favour of the Federal Government. But each time he referred to the judgment, Justice Ukeje would draw him back.
But Falana would not leave her alone. Efforts by the judge to raise her voice and stand her ground made Falana to raise his voice to make his point, a development which made the judge to say: “Mr Falana, I don’t allow shouting in my court” to which Falana replied in a louder voice “but this matter touches on the welfare of the people of this nation.”
When the judge found that Falana was not ready to listen to her, she smiled and said aloud that she would not be provoked to which Falana also replied that she had learnt that.
Okunloye also moved his application. He told the court that the court’s judgment was a declaratory one which could not be stayed. Besides, he said the prayer of labour was not grantable because the court could not reverse itself.
Ruling on their submissions, the judge held that she would not allow herself to be dragged into any issue arising from her judgment. According to her: “Once the court has written its decision, it can only correct minor slips under the slip rules. It cannot deal with the case which has already gone on appeal. The reliefs sought by the Nigeria Labour Congress and Adams Oshiomhole in their appeal are extensive. They touch on all the judgment. They affect each of the paragraphs of the judgment.
“Attempting to do anything in this case will amount to either reversing myself or to determine the appeal in some of these reliefs. This court cannot sit as an appellate court over its judgment. It is already functus officio. The best option for me is to excuse myself since Labour has already gone up asking for 21 reliefs.
“Consequently, all the motions before this court ––the defendants (NLC’s) application for stay of execution of judgment and the Federal Government’s motion on notice urging this court not to grant labour audience— are struck out. Labour shall pursue its reliefs before the Court of Appeal on their merits and I hereby wash off my hands from this suit,” she added.
The entire legal battle arose shortly after President Olusegun Obasanjo presented on December 18, 2003 the 2004 Appropriation Bill (otherwise known as National Budget) to the joint session of the National Assembly, proposing among others to introduce N1.50k per litre fuel tax from January 1, 2004. But the two chambers of the National Assembly, in separate resolutions, requested President Obasanjo to delete the proposal from the Appropriation Bill, which was so deleted.
However, in spite of the fact that no valid law was made by the National Assembly in respect of the fuel tax proposed by the Federal Government, the collection of the N1.50k per litre fuel tax became effective on January 1, 2004. In a reaction, NLC met and resolved to go on strike if within 14 days the Federal Government refused to rescind its decision.
The position of NLC made the Federal Government to approach an Abuja High Court for an injunction to restrain NLC from embarking on any mass protest or strike but the request was turned down. Government went on appeal but was directed to the Federal High Court for the resolution of the dispute on the grounds that the Federal High Court is a special court for revenue matters.
The Nigeria Labour Congress joined issues as it filed a statement of defence together with a counter-claim. NLC, in its counter-claim asked for declarations that the executive decision by the Federal Government to impose a fuel tax of N1.50k was illegal, unconstitutional, null and void and of no legal effect; that the Federal Government was not competent to increase prices of petroleum products without a valid law by the National Assembly and that it had the right to protest against its official policies considered inimical to its members interests.
The Labour Congress, consequently, asked for an order of perpetual injunction restraining the Federal Government from preventing it from protesting against all official policies of the Federal Government considered inimical to the interest of Nigerian workers.
At trial, the Federal Government called two witnesses including the Group Managing Director of the NNPC, Mr Funso Kupolokun, and a Commissioner of Police in charge of Federal Operations at the Police Headquarters, Abuja, Mr Lawrence Alobi representing the Inspector-General of Police.
Comrade Adams Oshiomole also testified on behalf of NLC. Written submissions were also prepared and submitted to the trial judge by both parties in the suit to address all the issues raised. The addresses were moved and adopted with Justice Ukeje reviewing it to enter her verdicts yesterday.
