JUSTICE Mojisola Olatoregun-Ishola of a Federal High Court in Lagos has directed that court papers in respect of a suit challenging the powers of the Minister of Petroleum Resources, Mrs Diezani Allison-Madueke, to transfer her duties and responsibilities to committees, be served on the minister and other defendants in the case.The judge, while giving the directive, also ordered that an ex parte application for injunctive reliefs filed by the plaintiff should be converted to a motion on notice and served on all the defendants.
The court consequently adjourned the matter till May 3 for the hearing of all applications, including the originating motion.
A Lagos-based lawyer, Gabriel Amalu of the firm of Udegbunam Amalu and Co, has dragged the minister to court, to challenge the propriety of her decision to set up the Ministerial Committee on Governance and Control Task Force (MCGCTF), Ministerial Committee on Petroleum Revenue Special Task Force (MCPRSTF) and the Ministerial Committee on National Refineries Special Task Force (MCNRSTF).
The lawyer in the suit alleged that by setting up the committees, the minister had transferred her duties and responsibilities under the Constitution and the Petroleum Act.
Joined as co-defendants in the suit marked FHC/L/CS/198/20012 were the Attorney-General of the Federation, Mohammed Adoke; Dotun Suleman representing the MCGCTF; Mallam Nuhu Ribadu, representing the MCPRSTF and Dr Kalu Idika Kalu, representing the MCNRSTF.
The lawyer wanted the court to decide whether the minister, subject to the provisions of Section 5(1) of the 1999 Constitution and Section 12 of the Petroleum Act (PA) 2004, had the powers to set up and confer on an ad hoc committee, the extant powers delegated to her by the constitution, the PA and other laws.
He also wanted the court to decide whether or not the minister had not infringed on the “sacred legal maxim of delegatus non potest dele-gare by her conduct in setting up quasi ad hoc commissions with powers to exercise the duties, responsibilities and functions of a minister of petroleum, the statutory agencies and parastatals of the Ministry of Petroleum Resources.”
Amalu further prayed the court to restrain the three committees recently inaugurated by Mrs Alison-Madueke from exercising the functions of the petroleum minister, as provided for in Section 5(1) of the Constitution and Section 12 of the PA, Cap P10, Laws of Nigeria 2004 and that of other agencies and parastatals of the Petroleum Ministry.
He also wanted the court to declare that the said committees set up by the minister to deal with “fundamental issues” and make “sweeping reforms” in the ministry constituted an infringement of the ministerial powers of the Petroleum Minister, by virtue of the provisions of Sections 5(1) of the Constitution and 12 of the Petroleum Act.
Amalu, in a supporting affidavit, said the suit was informed by the need to seek the court’s intervention to put an end to the conducts and acts of the petroleum minister, which, he claimed, infringed on the provisions of the 1999 Constitution and the Petroleum Act.
He contended that the creation of these committees amounted to a duplication of the responsibilities of the Petroleum Ministry, other agencies and bodies under it, and a waste of public funds in, view of the fact that members of the committees were not serving civil servants.
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