Lawyer sues FG, challenges ban on sale of petrol in jerry cans

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(Nigeria) A lawyer and activist, Chief Malcom Omirhobo on Thursday,  filed a suit before a Federal High Court sitting in Lagos, challenging the ban on the sale of petrol in jerry cans.

The applicant is suing for himself and on behalf of the people of Nigeria.
Respondents in the suit are: Attorney General of the Federation, Minister of State for Petroleum, Nigeria National Petroleum Corporation and Inspector General of Police.
The is brought pursuant to order 2 rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009.
Omirhobo is praying the court to declare that the directive of the second and third respondents to filling station owners, not to sell petroleum products to Nigerians in Jerry cans, was discriminatory.
He is seeking a declaration that the directive of the respondents to filing station operators nationwide not to sell petrol to Nigerians in gallons, except those with vehicle, was inhumane and unlawful.
He also asking the court to declare that the police have failed in its duty to put the black market under check and control and in ensuring that persons are not allowed to hoard fuel for the purpose of re-sale.
The applicant seeks as order, compelling the respondents to stop forthwith, the discriminatory and inhumane treatment meted on him and other Nigerians by the ban.
He wants an order, directing the respondents to order the sale of petrol to every Nigerian in jerry cans for personal consumption and to facilitate their source of livelihood.
He is further asking the court to direct the police to perform their statutory duty and ensure that the activities of black marketers are checked.
In an affidavit deposed to by the applicant, he averred that in January, he had approached several filling stations within his reach, with a jerry can to purchase fuel for his generator set, but was denied sale.
He said that upon enquiry, he was informed by all the filling station operators, that there was a directive from the respondents, not to sell fuel to Nigerians in jerry cans, gallons or keg.
He averred that this refusal led him as well as many Nigerians, to resort to buying fuel from the black market at exorbitant prices.
According to Omirhobo, the black market operators besiege filling stations with drums and gallons to purchase large volumes of fuel, which they hoard and subsequently sell to the public at astronomical prices.
He said that the petrol attendants prefer to sell fuel to black marketers, in order to maximise profits.
He averred that since power supply was relatively poor, he and other Nigerians had been helplessly compelled to purchase the products from the black market at such high prices.
He further averred that this condition has forced him and many Nigerians to live in very poor and excruciating conditions.
Omirhobo averred that as long as power supply had yet to improve in the country, Nigerians will continue to rely on generator sets, and also, purchase fuel in kegs to power them.
No date has been fixed for hearing of the suit.

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