Oil Sector Appointments: Lawyer sues Buhari, AGF, others

A constitutional lawyer, Francis Mgbo has dragged President Muhammadu Buhari and the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to court perceived lopsided appointments into the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).

By the suit, the plaintiff is asking the court to restrain Buhari from giving effects to the appointments of Executive Commissioners and Directors of the agencies.

Those also cited as respondents in the suit are the Minister of Petroleum Resources, NUPRC and NMDPRA.

Barrister Mgbo had sought and obtained an order of court granting him leave to apply for judicial review of the said appointments into the agencies.

Justice Emeka Nwite of the Federal High Court, Abuja in granting the reliefs sought by the applicant, fixed hearing of the matter on March 31.

Specifically, the plaintiff wants an order of compelling the 3rd respondent (Minister of Petroleum), the 4th respondent (NUPRC) and 5th respondent (NMDPRA) to produce before 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 60 years 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 to by the plaintiff, 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.

(Daily Independent)