A Federal High Court in Lagos on Monday struck out a suit challenging the constitutionality of the Regulation and Guidelines issued by the Minister of Petroleum Resources on the Release of Staff in the oil and gas industry.
The suit, filed by a lawyer, Temilolu Ademolekun had prayed the court to, among others, invalidate the Department of Petroleum Resources (DPR) power to regulate how oil and gas firms can disengage their workers.
But Justice Nicholas Oweibo held that the Federal High Court lacked the jurisdiction to hear and determine the suit, and struck it out for lacking in merit.
Ruling on the matter, the judge held that the subject-matter of the plaintiff’s claim related to labour and employment, “hence, it robs the Federal High Court of jurisdiction.”
He added: “Regulation 15A of the Petroleum (Drilling and Production) (Amendment) Regulations 1988 and the Guidelines for the Release of Staff in the Nigerian Oil and Gas Industry, 2019 are constitutional and consequently, the plaintiff is not entitled to the reliefs sought.”
The suit, marked FHC/L/CS/647/2020, had the Minister, Federal Ministry of Petroleum Resources, DPR and Attorney-General of the Federation (AGF) as co-defendants.
In it, Adamolekun told the court that that the Petroleum Minister made Regulations 15A Petroleum (Drilling and Production) (Amendment) Regulations 1988 to the effect that holders of oil mining lease, license or permit must seek his approval to remove any worker from his employment and seeks to enforce the regulation through the Guidelines for the release of staff in the Nigerian oil and gas industry 2019, published by the DPR.
He prayed the court to quash the regulation on the ground that it contravened the provisions of national assembly enactments on employees and employers dispute which is the sole responsibility of National Industrial Court.
But counsel to the Minister of Petroleum Resources and DPR Mr Adebayo Ologe opposed him.
Ologe filed a preliminary objection praying the court to strike out the suit for lack/want of jurisdiction, lack of locus standi to sue and/or lack of reasonable cause of action.
