Justice Ambrose Lewis-Allagoa of the Federal High Court in Ikoyi, Lagos State, has issued a compelling order directing the Nigerian federal government to fix prices for various commodities.
The judge, responding to a motion filed and argued by renowned human rights activist Femi Falana SAN, has mandated the federal government to fix the prices of various essential goods and petroleum products within a strict 7-day timeframe.
The motion presented by Femi Falana SAN sought clarification on whether the government, in accordance with Section 4 of the Price Control Act, is fulfilling its duty to impose price controls on specific goods listed in the First Schedule of the Act.
"whether by virtue of Section 4 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.
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 7 days after the delivery of the Judgment of this Honourable Court."
Justice Lewis-Allagoa, in delivering the judgment, emphasized the lack of opposition from the respondents, namely the Attorney-General of the Federation and the Price Control Board, to the originating motion.
According to legal norms, this absence of opposition implies an admission of all facts deposed in the affidavit attached to the motion.
"I have had the applicant Femi Falana in a suit no San,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, the judge ordered the Nigerian government to promptly establish prices for a range of essential goods and petroleum products, including milk, flour, salt, sugar, bicycles and their spare parts, matches, motorcycles and their spare parts, motor vehicles and their spare parts, as well as diesel, petrol motor spirit (PMS), and kerosene.
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