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Subsidy Removal Will Set Nigeria on Fire, NLC Warns FG

Published

2 years ago

April 5, 2023

Eric

The Nigeria Labour Congress, NLC, has warned that those pushing for subsidy removal in Nigeria are out to set the country on fire.

The warning came against the backdrop of an announcement that the outgoing government of President Muhammadu Buhari had left the decision of petrol subsidy removal to the incoming government.

According to NLC, the focus should be on the local refining of petroleum products and not subsidy removal.

General Secretary of NLC, Emma Ugboaja, in a chat in Lagos yesterday, said nobody should drag Nigerian masses and workers into any increase in fuel price in the name of subsidy removal, insisting that organized labour will not accept it.

He said: “It will be uncharitable in 2023 for any government to talk about subsidy or no subsidy for a product that is naturally and thoroughly well-endowed in Nigeria. It smacks of wickedness for us to be discussing subsidy as an issue, rather than discussing production.

‘’The energy and resources people are putting into discussing subsidy show a lack of focus. It shows a lack of seriousness and a lack of appreciation of what governance should be. If in 2023, rather than getting people that will make proper use of our natural endowment, we are busy discussing the cosmetic challenge of subsidy or no subsidy, it is absurd.

‘Absurd comedy of subsidy’

“One would have thought that people should be setting before the incoming government a genuine challenge on how to move Nigeria forward, not for us to continue in the rigmarole of vicious, musical chairs and absurd comedy of subsidy or no subsidy. We cannot be people that do not respond to records.

“It is an open thing that the government that is about to leave in 2016 told Nigerians they had removed the subsidy. Despite the NLC’s position that there was no subsidy to remove and that what people were harping on was a price hike. They had told us that they removed the subsidy in 2016, so what subsidy are they removing or are we discussing now?

‘What we should be discussing is how to refine crude oil in Nigeria and make the product available for domestic consumption. Anything outside that shows the wickedness of the kind of intellectuals we have. We feel sick each time we see normal people come out on national television giving theories on subsidies and how they can be ploughed into healthcare or education.

Nothing is more dangerous than the way our elites try to hoodwink Nigerians. The truth is Nigerians need to wake up, we cannot continue in this vicious cycle of humiliation and slavery.

‘No subsidy to be removed’

“There is no subsidy for anybody to be removed. The point that has to be made is that we must refine it. Anything outside making our refineries work is wickedness. We need to make our refineries work. It is not rocket science. We hear them on an almost daily basis say Taskforce has demolished or destroyed certain numbers of refineries in Niger Delta creeks. Why can’t you use our universities to process quality control, why will you not use our universities to process cheaper and smaller processes of refining?

“We should stop treating these elites with kid gloves. Our elites are wicked to the country. So, don’t tolerate this new wave of wastage of our resources in the name of a media wave to create a capture of the psyche of Nigerians on subsidy removal that is imminent. What should be imminent is the local refining of crude in Nigeria. Nothing else should be imminent.

“Anybody moving Nigerians in the direction of subsidy removal wants to blow up the country. They can go ahead and blow up the country. But the truth is anything less than refining crude in Nigeria; you cannot push us into that argument. We have been down this route before, and it has never paid off. We keep calling it a fraud and that fraud was confirmed in 2016 when they looked us in the face and told us that they have removed the subsidy. They looked us in the face and said they were finally removing subsidiaries to free Nigerians. We protested, and they said we didn’t have any capacity to stop them and went ahead with it. They should not drag us into any increase in fuel price in the name of subsidy removal. Any increase in petrol price from the government in the name of subsidy removal, we will challenge it. We will work against it, it is straightforward.”

Speaking similarly, the Pro-Labour Civil Society Organisations, the Joint Action Front, JAF, through its Secretary, Abiodun Aremu, said: “JAF is opposed to the neo-liberal policies of privatisation and deregulation at all times.

‘’It is such policy regime that is responsible for the hike in fuel prices, sharp corrupt practices in the petroleum sector and the artificial fuel crisis induced by the Buhari regime in the past eight years

‘’The new NLC leadership needs to restore confidence in Nigerians that labour is, indeed, prepared for a total fight against all inimical socio-economic policies at the heart of the underdevelopment of the country.”

Reacting to labour’s warning yesterday, the chairman of the Major Oil Marketers Association of Nigeria, MOMAN, Olumide Adeosun, said major marketers were not comfortable with the sustenance of petrol subsidy because it had over the years stifled investment and growth in the sector.

He said: “We need full deregulation in line with the provisions of the Petroleum Industry ACT, PIA. The legislation is ultimately the best for the nation.”

Similarly, the National Operations Controller, the Independent Petroleum Marketers Association of Nigeria, IPMAN, Mike Osatuyi, said the Federal Government had continued to subsidise the price of petrol because of continued regulation of the sector.

He said: “We have always been opposed to petrol subsidies. We believe that subsidy will cease to be once the downstream sector is deregulated.

“This is required to conserve funds currently expended on subsidy as well as attract serious investors to invest, thus growing the sector.”

Also speaking, the Chief Executive Officer, the Centre for the Promotion of Private Enterprise, Dr Muda Yusuf, said: “It is clear that the current petrol subsidy is fiscally unsustainable.

“But there is a need to creatively manage the transition from the current pricing regime to a fully or partially deregulated arrangement. It is a tricky issue which could pose a serious challenge to the government if not tactically managed.

‘’The reality is that the sentiments among the citizenry are not favourable to the deregulation of petroleum product pricing or petrol subsidy removal. Even some elites are curiously not persuaded by the justification for the subsidy removal.

“If the policy transition is not properly managed, there is a risk of a social and political backlash which may be difficult to contain. No doubt, there is a sound economic and business case in favour of fuel subsidy removal.

‘’But the social and political contexts are equally critical. The subsidy is not sustainable, which is why there is a need to accelerate engagement with the relevant stakeholders to come up with a policy transition strategy that is sustainable, realistic and pragmatic. The conversation should not only be economic, but also social and political.”

“We need to expeditiously address the ongoing rehabilitation of our refineries. Domestic refining of petroleum products will ease the currently prohibitive cost of petroleum products which is largely a consequence of our vulnerability to volatilities in global oil prices and currency depreciation. The Dangote Refinery should also be supported to ensure early completion.”

Source: Vanguard

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Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers

Published

19 hours ago

March 20, 2025

Eric

A human rights lawyer, Mr. Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the Rivers State House of Assembly for a period of six months.

In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.

He, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.

The learned silk said: “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

Below is the full statement

ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA

The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.

But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”

Thus, in accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.

And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.

It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:

“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”

In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!

However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.

In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.

In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.

In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.

To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.

In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”

Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, 1999 as amended.

Femi Falana SAN

Featured

Vehicles Burnt, Motorists Feared Dead in Abuja Tanker Explosion

Published

22 hours ago

March 20, 2025

Eric

Several vehicles were razed on Wednesday when a petrol-laden tanker exploded on Karu Bridge, along the Abuja-Nyanya-Keffi Road in the Federal Capital Territory (FCT), resulting in a massive fire.

The fire destroyed at least 30 vehicles and prompted a significant emergency response. Some motorists were also feared dead in the fire.

The explosion occurred when the tanker, carrying petrol lost control and crashed on the bridge, leading to a fire that spread rapidly to nearby vehicles.

Reports said the scene of the accident was chaotic as motorists and passengers attempted to flee the area to avoid the advancing flames.

A heavy presence of military personnel and emergency responders was seen at the scene.

The first responders were spotted working diligently to control the situation, manage the movement of people, and ensure public safety.

Security officials have cordoned off the affected area, directing traffic away from the scene to facilitate the operations of firefighting teams and medical personnel.

As of the time of this report, the exact number of casualties had yet to be ascertained. However, there are fears of multiple casualties, and rescue operations were ongoing last night.

Featured

Atiku Condemns Tinubu’s Emergency Rule Declaration in Rivers, Says It’s ‘Political Manipulation’

Published

2 days ago

March 18, 2025

Eric

Former Vice President Atiku Abubakar has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, labeling it as “political manipulation and outright bad faith.”

Atiku criticized Tinubu for being a “vested partisan actor” in the crisis and accused him of negligence in preventing its escalation.

Atiku said the security breaches and destruction of national infrastructure in Rivers are directly the President’s responsibility.

He argued that Tinubu’s administration has enabled chaos in the Niger Delta, reversing years of progress achieved under late President Umaru Yar’Adua.

His words: “The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith. Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers.

“His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful. Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.

“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent. It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua.

“Years of progress have been recklessly erased in pursuit of selfish political calculations. If federal infrastructure in Rivers has been compromised, the President bears full responsibility.”

Source: Politicsnigeria