The Federal High Court in Lagos on Wednesday directed the Federal Government to address the pricing of goods and petroleum products within the next seven days.
The order, granted by Justice Ambrose Lewis-Allagoa, stemmed from an originating motion presented by the Senior Advocate of Nigeria, Femi Falana.
Falana’s legal challenge targeted the Price Control Board and the Attorney General of the Federation, both named as defendants.
The court is tasked with determining whether the first defendant, by Section 4(1) of the Price Control Act (2004), is fulfilling its duty to set prices for specified goods outlined in the First Schedule to the Price Control Act.
Supporting his summons with an affidavit, Falana’s legal team, led by Taiwo Olawanle, highlighted a range of commodities, including bicycles and spare parts, flour, matches, milk, motorcycles and their spare parts, motor vehicles and salt, sugar, and petroleum products (diesel, petrol, motor spirit, and kerosene) listed in the Price Control Act.
The affidavit underscored the Price Control Board’s authority conferred by the Act to regulate prices across this diverse array of commodities.
“That though the price of the commodities is supposed to be fixed by the Board, 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 formerly N8,000 has risen to N45,000 in the market and that the situation in the market is by each passing day becoming more unbearable for consumers as prices of goods keep rising on a daily basis.
“Sellers are not always sincere as they are so desperate to make excessive profits at the expense of buyers.
“Food prices which human beings should not be deprived of are on the high side due to a lack of price fixing by the Ist 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 increase in the price of goods has forced various categories of eateries and canteens to increase the prices of their meals, attributing the high cost to unstable and unfavorable prices of farm produce.
“That there is a need for the 1st defendant to rise to its task of imposing prices on these commodities
“That unless the defendants are mandated by the court to wake up to their responsibilities, the prices of goods will continue to skyrocket.”
The Senior Advocate consequently sought the following reliefs from the court:
“A declaration that by 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 are 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 7 days after the delivery of the Judgment of this Honourable Court.”
After hearing from the senior advocate, Justice Lewis-Allagoa stated, “I have listened to the applicant, Femi Falana, and I have also noted that despite the service of the originating motion on the respondents, namely the Attorney-General of the Federation and the Price Control Board, there’s no opposition to it by way of a counter affidavit. In law, this means that all the facts deposed in the affidavit attached to the originating motion are deemed admitted.
Consequently, all prayers sought in the motion papers are hereby granted as prayed.”
The judge then directed the Nigerian government to set the prices for Milk, Flour, salt, sugar, bicycles and their spare parts, matches, motorcycles and their spare parts, motor vehicles and their spare parts, as well as Petroleum products, which include diesel, petrol motor spirit (PMS), and kerosene.
