By Jude-Ken Ojinnaka
Justice Ambrose Lewis Allagoa of a Federal High Court, sitting in Lagos on Wednesday February 7, ordered the federal government of Nigeria to fix the price of goods and petroleum products in accordance with the provision of Section 4(1) of the Price Control Act 2004, within seven days from this day the order is made.
The defendants/respondents to the suit are the Price Control Board and the Attorney- General of the Federation as 1st and 2nd defendants respectively.
Justice Allagoa granted the order following an originating motion filed and argued by the applicant and human right activist Femi Falana (SAN).
Ruling on the application, the judge said:
” I have had the applicant Femi Falana (SAN) in a Suit No FHC/L/CS/869/2023 and I have also discovered that despite the service of the Originating motion on the respondents namely, Attorney-General of the Federation and the Price Control Board, no opposition to it by way of counter affidavit, which is law that all the facts deposed in the affidavit attached to the originating motion are all deemed admitted.
Consequently, all prayers that are sought for in the motion papers are hereby granted as prayed.”
The judge ordered the Nigerian government to fix the price of Milk, Flour, salt, sugar, bicycles and its spare parts, matches, motorcycles and its spare parts, motor vehicles and its spare parts as well as Petroleum products, which include: diesel, Premium Motor Spirit (PMS) and kerosene.
Femi Falana (SAN) had approached the court for the following question for determination, “Whether by virtue of Section 4 (1) of the Price Control Act., the first defendant is carrying out its duty to impose a price on any goods that are of the kind specified in the First Schedule to the Price Control Act.
Consequently, he claims against the defendants jointly and/or severally:
“A declaration that by virtue of Section 4 of the Price Control Act Cap, the defendants are under a legal obligation to fix the prices of bicycles and spare parts; flour; matches; milk; motorcycles and spare parts; motor vehicles and spare parts; salt; sugar and petroleum products including diesel, petrol motor spirit and kerosene.
“A declaration that the failure or refusal of the defendants to fix the prices of bicycles and spare parts; flour; matches; milk; motorcycles and spare parts; motor vehicles and spare parts; salt; sugar and petroleum products including diesel, petrol motor spirit and kerosene is illegal as it offends the provision of Section 4 of the Price Control Act, Cap…., Laws of the Federation of Nigeria, 2004.”
“An order directing the defendants to fix the prices of bicycles and spare parts; flour; matches; milk; motorcycles and spare parts; motor vehicles and spare parts; salt; sugar and petroleum products including diesel, petrol motor spirit and kerosene not later than seven (7) days after the delivery of the Judgement of this Honourable Court.”
Falana has filed the originating summons consequent upon the rising cost of commodities and foods which has subjected Nigerians to serious economic social and financial hardship.
In the affidavit in support of the originating summons, deposed to by a legal practitioner Taiwo E.Olawanle with the law firm of Falana & Falana’s Chambers, Lagos, he averred that the following commodities are listed in the Price Control Act ; Bicycles and spare parts, flour, matches, milk, Motorcycles and spare parts, Motor vehicles and spare parts, Petroleum products, salt and sugar.
” That the Act basically gave the first defendant powers to fix the price of the wide array of commodities listed above.
” That though the price of the commodities listed above is supposed to be imposed by the 1st defendant, the only petroleum products that are fixed to a certain amount are not being enforced.
“That the price of a bag of rice which was formally N8000 has risen astronomically beyond the reach of Nigerians.
“That the situation in the market is by each passing day is becoming unbearable for consumers as prices of goods kept rising on daily basis.
“That sellers are not always sincere as they are so desperate to make excessive profits at the expense of buyers.
“That food prices which human being should not be deprived of are on the high side due to lack of price fixing by the 2st defendant.
“That buyers are at the receiving end when the prices of goods are increased as they tend to suffer for it more.
“That the incessant increase in the prices of goods in the country got the attention of the Federal House of Representatives recently that it should resolved to set up a special committee to look into the situation.”
It was further averred that the increase in prices of goods has forced various categories of eateries and canteens to increase the prices of their meals, attributing the high costs to unstable and unfavorable prices of farm produce.
Furthermore, it was stated that there is the need for the 1st defendant to rise up to its task at imposing prices on these commodities and unless the defendants are mandated by the court to wake up to their responsibilities, the prices of goods would continue to skyrocket.
