THE Federal High Court in Lagos has ordered the Federal Government to fix the prices of goods and petroleum products within seven days from Wednesday, February 7.
Giving the order sequel to an originating motion filed and argued by the applicant, Mr. Femi Falana (SAN), Justice Ambrose Lewis-Allagoa said: ” I have heard the applicant, Femi Falana, 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, there’s no opposition to it by way of a counter-affidavit, which in law means 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 then ordered the federal 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, and petroleum products, including diesel, petrol and kerosene.
Falana had dragged the Price Control Board and the Attorney General of the Federation, both of whom are listed as defendants, before the court to determine “whether by virtue of Section 4 (1) of the Price Control Act, Laws of the Federation of Nigeria, 2004, 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.”
In an affidavit in support of the summons taken out by Falana and deposed to by a legal practitioner from his firm, Mr. Taiwo Olawanle, the deponent noted that bicycles and its spare parts; flour; matches; milk; motorcycles and its spare parts; motor vehicles and spare parts; salt; sugar and petroleum products, including diesel, petrol and kerosene, are listed in the Price Control Act.
He also stated that the Act gives the Price Control Board powers to fix the prices of this wide array of commodities, adding: “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 first 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 unfavourable prices of farm produce.
“That there is a need for the first defendant to rise up 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.”
Falana, therefore, sought the following claims/reliefs from the court: “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 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 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 and kerosene, not later than seven (7) days after the delivery of the judgment of this Honourable Court.”
