Court Reserves Judgment in Constitutional Suit Against AGF, Senate President, House Speaker

Justice Hyeladzira Nganjiwa of the Federal High Court, Warri Judicial Division, on Tuesday reserved judgment in a constitutional suit filed by the Incorporated Trustees of the Centre for Human Rights and Anti-Corruption Crusade (CHURAC), suing on behalf of oil-producing host communities in Nigeria.

The suit challenges the constitutionality of sections 257(2) and (3) of the Petroleum Industry Act (PIA), 2021, alleging that the provisions are inconsistent with the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The Attorney General of the Federation and Minister of Justice, the Senate President, and the Speaker of the House of Representatives are listed as defendants in the suit.

Justice Nganjiwa adjourned the matter for judgment after parties adopted their final written addresses.

Mrs. B.E. Oghenekaro appeared for the plaintiff, while K.K. Akpule represented the 1st defendant. Dr. Abiodun Adesanya, with A.A. Affe, appeared for the 2nd defendant. There was no appearance for the 3rd defendant.

The plaintiff seeks a declaration that sections 257(2) and (3) of the PIA—which hold host communities liable for acts of vandalism, sabotage, or civil unrest that damage petroleum facilities—violate the constitutional rights to fair hearing and presumption of innocence.

The law, the plaintiff argues, effectively imposes collective punishment without trial, which amounts to a “bill of attainder” and an unconstitutional usurpation of judicial powers by the legislature.

The suit also challenges the fairness of allocating only 3% of oil companies’ actual annual operating expenditures to host community development, while the same law allocates 30% of profit for frontier exploration. CHURAC argues that this disparity is discriminatory and violates Section 42 of the Constitution.

CHURAC framed several constitutional questions for the court to determine, including: “Whether any person or community can be punished or held liable for an offence without trial.

“Whether the National Assembly can enact laws that oust or undermine the jurisdiction of courts.

“Whether holding host communities responsible for sabotage without judicial process violates their constitutional rights.

“Whether host communities have any control over the security or management of petroleum facilities in their areas. Whether the PIA’s revenue-sharing formula unfairly discriminates against host communities.”

The plaintiff further argues that the provisions of the PIA deny host communities the right to a fair trial as guaranteed by Sections 36(1), (2), (3), and (5) of the Constitution, and that Section 257(2) effectively convicts host communities in advance, bypassing judicial processes.

A declaration that Section 257(2) & (3) of the PIA is unconstitutional and void.

An order compelling the defendants to amend the PIA to include host communities in the NNPC Limited’s profit oil and profit gas, with not less than 10% of the production sharing quota allocated to them.

A declaration that holding host communities responsible for sabotage or unrest amounts to unconstitutional discrimination.

The suit brings to the fore long-standing concerns over the marginalization of oil-producing communities, who bear the brunt of environmental degradation but receive minimal benefits from oil revenue.

Justice Nganjiwa is expected to deliver judgment on a date to be communicated to parties.