…As Court Grants Order For Judicial Review
Following the rogue and illegal appoints into the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) a Constitutional Lawyer has dragged President Muhammadu Buhari to court asking the court restrain him from giving effects to the appointments of Executive Commissioners and Directors of the agencies.
Also cited as respondents in the suit are the Attorney-General of the Federation and Minister of Justice of the Federation, Minister of Petroleum Resources and the NUPRC and NMDPRA.
They are cited as the 1st to 5th respondents in the suit.
The plaintiff Francis Mgbo had in the suit sought and obtained an order of the court granting him leave to apply for judicial review of the said appointments into the agencies.
The court presided over by Justice Emeka Nwite in granting the reliefs sought fixed further hearing on the matter to March 31,2022.
The plaintiff is seeking for an order of compelling the 3rd respondent (Minister of Petroleum the 4th respondent NUPRC and 5th respondent the NMDPRA to Produce before the all information the claimant/applicant requested from them via his written letters of request dated 2nd December, 2021 and pursuant to sections 2(2)(3) and 5 of the Freedom of Information Act and Section 39 of the 1999 Constitution of the Federal Republic of Nigeria.
An order setting aside all or any existing appointments made by the Minister for Petroleum, the NUPRC and NMDPRA pursuant to sections 18(2) and 41(2) of the Petroleum Industry Act 2021 as same was made in contravention of Sections 4 of the Code of Conduct for Public Officers, provided in the Fifth Schedule Part 1 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Sections 14,37,20(3) and 43 of the Petroleum Industry Act 2021.
An order prohibiting:restraining the NUPRC and the NMDPRA from recognizing any persons, servants above the age of 60years or any pensioners or person(s) disqualified pursuant to sections 14 and 37 of the Petroleum Industry Act, erroneously appointed by the office of the President or Minister of Petroleum from receiving monthly emolument or payment of any sort for occupying the offices created under sections 182(2) and 41(2) of the Petroleum Industry Act except same is in compliance with sections 20(3) and 43(2) of the Petroleum Industry Act 2021.
He is also asking for N10million as general damages from the Minster of Petroleum, the NUPRC and NMDPRA.
In an affidavit in support of the motion on notice deposed by the plaint Barrister Francis Mgbo he averred that having discovered that the respondents are unwilling to comply with the provisions of the law he was compelled to personally write the respondents and that in the 2nd of December 2021 while requesting for certain information in their custody.
That the 1st,3rd and 5th respondents ignored his request while the 2nd respondent was the only party that had the courtesy to reply his letter on December 9th, 2021 and duly informed him that his request has been transferred to the Federal Ministry of Petroleum Resources.
Mgbo further averred that “in compliance with the extant laws regulating the 4th and 5th respondents and having not heard from both parties I was compelled on the 23rd of December 2021 to personally serve the 4th and 5th respondents with the notice of my intention or pre-action notice to commence legal action against them.
“That to my utmost surprise and shock the 1st and 3rd respondents in conspiracy with the governing board of the 4th and 5th respondents hurriedly proceeded to appoint into the 4th and 5th respondents establishments persons that by the extant laws are disqualified by the law, barred by conflict of interest and lacking the requisite cognate experiences as required by the law to be Executive Commissioners and Directors of the 4th and 5th respondents.
He alleged that the persons so appointed as Executive Commissioners and Directors of the two agencies are either barred by conflict of interest, being political stooges, lacking in cognate experience as required by law and being above 60years, already pensioners and at the same time receiving monthly emoluments from the agencies.
