Court Strikes Out Suit Seeking To Compel National Assembly To Pass PIB

Court Strikes Out Suit Seeking To Compel National Assembly To Pass PIB

Justice Ibrahim Buba of the Federal High Court in Lagos on Thursday struck out an ex parte application filed by a Lagos lawyer, Okiogbero Edhebru, seeking an order of mandamus to compel the National Assembly to pass the Petroleum Industry Bill into law.

Justice Buba before striking out the application for lack of merit faulted the rationale behind the filing of the case in Lagos rather than in Abuja where the respondent is based.

The judge also held in his judgment that the request of the applicant was tantamount to asking him to go too far in the exercise of his statutory powers.

Edhebru had in his application urged the court for "a judicial review of the applicant's right to wit an order of mandamus compelling the National Assembly, their agents and privies to pass the Petroleum Industry Bill as enshrined in the 1999 Constitution of the Federal Republic of Nigeria."

The lawyer has also prayed the court for a declaration that the failure, neglect and refusal or ommission of the National Assembly to pass the PIB had denied him and other Nigerians access to investment, a situation, which he argued, had led to unemployment and slow economic growth.

He insisted that the failure of the National Assembly to pass the PIB had occassioned the violation of the rights of Nigerian citizens, which, he said, the court was duty-bound to protect.

Edhebru had further averred, in his five-paragraph affidavit attached to the ex parte application, that the National Assembly will not suffer any perjury if it was compelled to pass the PIB.

He also argued that "On the other hand, the applicant and the entire Nigerian economy will benefit in terms of more investment resulting to employment for Nigerians but if not passed, resulting in suffering and continued injustice against the applicant and other Nigerians."

But Justice Buba held in his judgment that, "The granting of a leave by a court is not is not a mere formality or automatic because the court is not a robot. The court must be certain that the leave is deserving. 

"In the instant case, I am to grant leave with the view to getting an order of mandamus to compel the National Assembly to pass the Petroleum Industry Bill. That, in my view, is asking the court to go too far. I am pretty sure that that this court understands the motive behind the principle of separation of power as enshrined in the Constitution. I am certain that no court will compel the National Assembly to pass laws," he held.

The judge therefore held that the application lacks merit and consequently struck it out.