Toxic Fuel: Lawyer Threatens To Sue

A lawyer, Olakunle Morohundiya, has threatened to file a suit against the Chief Executive, Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) over importation of substandard petroleum products into the country between January and February this year.

Mohundiya, in a letter dated February 18, said he would commence legal action against the authority after 30 days of receipt of his letter.

He gave the name of the claimant in the suit as Ugochukwu Onwukwe of 23, Adeoye Street, Coker, Lagos and that he would sue for breaches of his fundamental rights and other provisions of the constitution and the Petroleum Industry Act, 2021.

The letter stated in part: “Sequel to the provisions of section 308 of the Petroleum Industry Act 2021. We hereby notify your organisation after 30 days of receipt of this notice.”

On the cause of action, the letter stated: “Your organisation’s inadvertence and/or negligence in allowing the importation of substandard Petroleum products into Nigeria between January and February, 2022.”

The claimant is seeking an order of the court for a declaration that the defendant is in breach of the provisions of sections 13, 14,15, 16, 17, 20, 21, 23, 34, & 41 of the constitution of the Federal Republic of Nigeria 1999 by failing to perform its duties as provided for in sections 29(3), 31 & 32 of the Petroleum Industry Act 2021 when it inadvertently and/or negligently allowed the importation and sale of adulterated petroleum products into Nigeria between January and February 2022.

The claimant is asking for an order awarding N50 million, aggravated and exemplary damages against the defendant/respondent, and in favour of the applicant, plus 21percent interest on same from the date of judgment till same is liquidated.

He is also seeking an order of the court awarding N50 million, aggravated and exemplary damages against the defendant/respondent, and in favour of each of the numerous Nigerians affected by the defendant’s action, whose full list is to be compiled by the claimant’s counsel and submitted to the chief registrar of this court within 90 days after judgment is given in this suit, plus 21per cent interest on same from the date of judgment till same is liquidated.

Other reliefs are an order directing the defendant to publish a public apology to the applicant, and all the numerous Nigerians affected by the defendant’s action two national newspapers within seven days of the determination of this suit; an order directing the defendant to pay the plaintiff’s legal fee of N100.25 million to the applicant/applicant counsel among others.