Mohammed Shosanya
The Incorporated Trustees of All Youths Re-Oriented Initiative (AYRIN) has instituted a suit against the Federal Government through the Nigeria Customs Service at the Abeokuta High Court over the Custom’s directive to prevent movement of fuel and petroleum products in communities close to the borders of the country.
The defendants in the suit are the Nigeria Customs Service Board and the Comptroller- General of Nigeria Customs Service.
In the suit No FHC/AB/CS/87/23 filed by Izunya Izunya and Co on behalf of the plaintiff, the plaintiff in the originating summon is asking the court to decide “Whether it is not discriminatory, illegal and unconstitutional for Nigerians residing in communities of any distance from Nigeria border to be deprived of buying, selling or having access to the use of fuel and all petroleum products within and outside their communities in Nigeria.
“Whether the circular issued by the 1st & 2nd defendant preventing petrol tankers from dispensing fuel in communities in Nigeria within twenty (20) kilometers from Nigeria border is not illegal, unconstitutional and contrary to section 42 and 43 of 1999 constitution of Nigeria (as amended) 2023.
“Whether the prevention of fuel from entering 20 kilometers within boarder area has not caused untold economic, social and psychological pain, hardship and suffering on Nigerians residing within border area and any other order or further orders as the Honourable Court may deem fit to make in the circumstances.
The plaintiff’s counsel, Izunya Izunya & Co in the suit is seeking a declaration by the court that the circular No.027 issued by the 1st and 2nd defendant dated 6th day of September 2019 preventing petrol tankers from taking fuel to filling stations, selling and buying fuel within twenty kilometers from Nigeria Borders with other countries, is illegal, unconstitutional, null and void for being contrary to section 1 (1) & (3) and section 42 of the 1999 constitution of Nigeria As Amended) 2023.
“That members of the plaintiff and other Nigerians residing within any border villages/community whether near or far are entitled to use buy. sell and bring fuels and other petroleum product from anywhere within Nigeria by use of vehicle, tanker, gallons and any other fuel conveying object.
“That the defendants have no justification under any law to issue a circular that will discriminate against the members of the plaintiff and persons residing within border area and for such further Order or Orders as the Honourable Court may deem fit to make in the circumstance”.
The suit was supported by an affidavit by one Oguntoyinbo Olufemi Ajadi, who is the President of the applicant.
In the affidavit Ajadi stated that he has the consent of the Trustees of the plaintiff and members of the plaintiff to depose to the affidavit; that the plaintiff is a non-governmental organization duly registered with Corporate Affairs Commission.
“That the filing of this suit is within the aims and objectives of the plaintiff as contained in exhibit B of paragraph 3 above; that the plaintiff has members within all areas affected by the act of the defendants and outside Ogun State and that the members of the plaintiff are not in one location but spread across different local governments, villages, towns and cities in Ogun State including but not limited to llaro, Afon, Owode-idiroko, Ajegunle Ajilete, Wasimi-Okuta, Iwoye, Okeagbede, Idofa, Imeko etc”.
