Editorial
That Court Ruling On Deregulation
On Tuesday, March 19, 2013, a landmark judgment that leaves behind some far-reaching socio-economic consequences on the Nigerian state was delivered by a Federal High Court sitting in Abuja.
The presiding judge, Justice Adamu Bello, had declared as unconstitutional, illegal null and void, the Federal Government’s planned deregulation of the downstream petroleum industry on account of the fact that the policy violates the provision of Section 4 of the Price Control Act, Cap P.28 Laws of the Federation of Nigeria, 2004.
The Federal Government has long sought to deregulate the downstream oil sector by allowing prices of petroleum products to be determined by the regular interplay of demand and supply as is the international practice.
It is, indeed, for this reason that government has continued to insist on the complete removal of subsidies on petroleum products.
The last bold attempt at subsidy withdrawal was on January 1, 2012 when President Goodluck Jonathan, in a New Year broadcast to the nation, announced the Federal Government’s decision to increase the pump price of petrol from N65.00 to N141.00.
This singular pronouncement sparked off a week-long nationwide workers’ strike and sporadic riots across the country, forcing the government to beat a hasty retreat by coming up with a more acceptable price of N97.00 per litre after a round of rushed parleys with Labour representatives and some state chief executives.
But even as these events were playing out, a Lagos-based lawyer and human rights activist, Mr. Bamidele Aturu, went to court to challenge the Federal Government’s attempt to hands-off the fixing of petroleum products prices contrary to the provisions of the Petroleum Act and the Price Control Act.
Aturu had in his suit which also joined the Minister of Petroleum Resources and the Attorney-General of the Federation as co-defendants, prayed the court to determine whether the government’s deregulation policy would not make freedom of movement guaranteed by Section 41 of the 1999 Constitution illusory for the generality of Nigerians.
In addition to granting the plaintiff’s prayers in full, the judge also ordered the Federal Government to continue to fix, regulate and regularly publish prices of petroleum products across the country.
With the court ruling, it will appear that the Federal Government cannot necessarily allow the industry operators to determine the prices of petroleum products as that will amount to flouting the Price Control Act.
To cross such hurdles, government must do the right things because lack of action on this matter could spell doom for the economy. The first step should be to amend the Petroleum Act and the Price Control Act through the National Assembly, in addition to persuading the Legislature to treat expeditiously, the passage of the Petroleum Industry Bill (PIB).
With the myriad of problems which Nigeria faces today, the court ruling which tends to question a major economic policy as the deregulation of the downstream oil sector cannot be treated with levity.
Even so, The Tide commends the presiding judge for his rare demonstration of judicial erudition without which some of the facts in the country’s existing statutes would have been taken for granted and only spell later-day doom.
Considering the Federal Government’s attachment and commitment to the policy and that it even allowed such a judgment to be delivered in the first place, portends a very good omen for the country’s judiciary.
This is why we commend the government, particularly the President, for demonstrating commendable neutrality in spite of his administration’s determination to deregulate the downstream petroleum sector, and for that reason refraining from interfering with the judicial process and allowing the rule of law to take its honourable course.
In fact, coming at a time when the President was preparing to hold consultations with Nigerians on how best to achieve his government’s subsidy withdrawal policy, nothing can better attest to his neutrality in this particular court ruling.
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WPFD: Nigeria’s Defining Test
Nigeria stands at a critical juncture as the world marked World Press Freedom Day (WPFD) on May 3. This annual observance is a reminder that a free press is central to democratic life, good governance, and public accountability. For Nigeria, it is also a moment for sober reflection on how far the country has come and how far it still has to go in safeguarding the independence of its media.
World Press Freedom Day exists to highlight the fundamental importance of freedom of expression and to honour journalists who risk their lives in pursuit of truth. It underscores the idea that without a free press, societies cannot function transparently, nor can citizens make informed decisions. In countries like Nigeria, where democracy continues to evolve, the observance carries particular urgency.
This year’s theme, “Shaping a Future at Peace: Promoting Press Freedom for Human Rights, Development and Security”, places journalism at the heart of global stability. It emphasises that a peaceful society cannot be built on silence, fear, or manipulated information. Rather, it depends on the free flow of accurate, timely, and independent reporting.
At its core, the theme highlights the role of journalism in fostering accountability, dialogue, and trust. These are not abstract ideals. In Nigeria, where public confidence in institutions is often fragile, the media remains one of the few platforms through which citizens can question authority and demand transparency. When press freedom declines, so too does public trust.
Journalism serves as a foundation for peace, security, and economic recovery. Countries with robust media systems tend to attract greater investment, maintain stronger institutions, and resolve conflicts more effectively. Nigeria’s economic challenges, ranging from inflation to unemployment, require open scrutiny and informed debate, both of which depend on a free press.
However, the issue of information integrity has become increasingly complex in the digital age. Artificial Intelligence (AI) and online platforms have amplified the spread of misinformation and disinformation. In Nigeria, where internet penetration has grown rapidly, false narratives can travel faster than verified facts. This makes the role of credible journalism more vital than ever.
The challenge is not only technological but also ethical. AI-driven manipulation of information threatens to distort public discourse, influence elections, and deepen social divisions. In such an environment, professional journalism must act as a stabilising force, ensuring that truth prevails over sensationalism and propaganda.
Equally troubling is the safety of journalists. Across Nigeria, reporters face growing levels of online harassment, judicial intimidation, and physical threats. Self-censorship is becoming more common, as media practitioners weigh the risks of reporting sensitive issues. This trend undermines the very essence of journalism.
A particularly alarming incident involved a serving minister in the present administration, who openly threatened to shoot a journalist during a televised exchange. Such conduct, broadcast to the public, sends a dangerous signal that hostility towards the press is acceptable. It erodes the norms of democratic engagement and places journalists in harm’s way.
This year’s theme aligns closely with the United Nations Sustainable Development Goal (SDG)16, which promotes peace, justice, and strong institutions. Freedom of expression is a cornerstone of this goal. Without it, institutions weaken, corruption thrives, and justice becomes elusive. Nigeria’s commitment to SDG 16 must therefore include genuine protection for the media.
Historically, the Nigerian press has been a formidable force. From resisting colonial rule to challenging military dictatorships, our journalists have played a central role in shaping the nation’s political landscape. Today, however, that legacy appears to be under strain, as the media operates under what can best be described as a veneer of freedom.
Beneath this facade lies a troubling reality. Journalists are routinely harassed, detained, and prosecuted for performing their constitutional duties. Reports from media watchdogs indicate that dozens of Nigerian journalists face legal threats or arrest each year, often for exposing corruption or criticising those in power.
The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 has become a focal point of concern. Originally intended to combat cyber threats, it has increasingly been used to silence dissent. Sections 24 and 27(1)(b), in particular, have been invoked to target journalists, bloggers, and social commentators.
Although amendments introduced in February 2024 were meant to safeguard journalists, concerns persist. The law continues to be wielded in ways that stifle investigative reporting and restrict freedom of expression. Legal reforms must go beyond cosmetic changes to address the root causes of misuse.
To safeguard the future of journalism in Nigeria, decisive action is required. The Cybercrimes Act must be revisited to ensure it cannot be weaponised against the press. Law enforcement agencies must operate free from political influence, upholding the rule of law and protecting journalists’ rights. Civil society and international partners must also strengthen independent media through funding, training, and platforms for wider reach.
In this rapidly evolving world shaped by artificial intelligence and digital innovation, Nigeria faces a clear choice. It can either allow press freedom to erode under pressure, or it can champion a truly independent media landscape. The path it chooses will determine not only the future of journalism, but also the strength of its democracy and the peace it seeks to build.
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