Justice Nicholas Oweibo of a Federal High Court sitting in Lagos has struck out a suit filed the Minister of Petroleum Resources by a Nigerian lawyer, Temilolu Ademolekun, challenging the constitutionality of the Regulation and Guidelines issued by the minister on the release of staff in the Nigerian oil and gas industry.
Adamolekun in the suit delineated FHC/L/CS/647/2020, had joined as co-respondents the Federal Ministry of Petroleum Resources, Department of Petroleum Resources (DPR) and the Attorney-General of the Federation (AGF).
He had asked the court for declaratory and injunctive reliefs against the defendants, challenging the constitutionality of the provisions of Regulation 15A Petroleum Drilling and Production (Amendment) Regulations 1988 and the guidelines for the release of staff in the Nigerian Oil and Gas Industry 2019.
The defendants had through their counsel, Adebayo Ologe, filed a defence together with a preliminary objection, asking the court to strike out the suit for lack of subject matter jurisdiction and for the plaintiff’s lack of standing to sue.
Justice Oweibo had stated that in arriving at his decision, he first considered the defendants’ preliminary objection and agrees with the defendants’ submissions that the Federal High Court lacks the jurisdiction to entertain the suit and that the plaintiff lacks the locus standi (the standing) to institute the action.
The court had held that “Section 254(C) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) confers special and exclusive jurisdiction on the National Industrial Court of Nigeria (NICN) in civil causes or matters relating to or connected with labour and employment, welfare, wages, benefits, and compensation of employees as well as matters pertaining to industrial relations irrespective of the industry involved.
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“Even where the matter is not on employment per se, so long as the claims or issues for determination are related to or connected with labour or employment, including health, the safety of employees, then the NICN shall have and exercise exclusive jurisdiction over those matters. As for the instant case, the Court found that the subject-matter of the plaintiff’s claim relates to labour and employment, hence, it robs the Federal High Court of jurisdiction,” the court held.
The court further held that contrary to the plaintiff’s argument, the issue in contention in the case is not whether the National Assembly has lawfully delegated its constitutional function of law-making to the Minister of Petroleum Resources i.e the constitutionality of Section 9 of the Petroleum Act.
“In order words, the issue here is not a constitutional issue as to avail any person such as the plaintiff (who has not been affected by the provisions of the Regulations or the Guidelines for the Release of Staff in the Nigerian Oil and Gas Industry, 2019) the standing to approach the Court for remedy. For this reason, the plaintiff lacks the standing to institute and or maintain this suit.
“Section 4 of the 1999 Constitution (As Amended) vests on the National Assembly the powers to make laws for the Federation and that Section 9(1) of the Petroleum Act, which is an Act of the National Assembly, empowers the Minister of Petroleum Resources to make Regulations, prescribing anything requiring to be prescribed for the purpose of the Petroleum Act and there is no contention that the powers of the Minister to make Regulations was not properly given by the National Assembly,” Justice Owetibo ruled.
The judge further held that the ambit of the powers of the Minister as prescribed in Section 9 of the Petroleum Act, is quite wide and enormous such that it accommodates the Regulations and the Guidelines in contention in the case.
Having held that it lacks the jurisdiction to hear and determine the suit, the Court made an Order striking out the suit for lacking in merit.
Court strikes out suit against Petroleum Minister, DPR on release of staff
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