The Nigerian Constitution provides a legal ground for petrol peddling to be a jail-worthy offence.

The lingering fuel crisis in Nigeria has prompted some citizens to start petrol peddling as vehicles and business owners desperately search for fuel to run their businesses.

Since the crisis started in July, many fuel stations have remained shut while those that open for business are besieged with long queues of motorists and commercial bus drivers.

The situation was recently compounded when the Nigeria National Petroleum Corporation Limited (NNPCL) increased the price of petrol to ₦897 per litre.

While the struggle to buy petrol at fuel stations persists, fuel peddlers illegally make the product available on the streets at exorbitant prices.

For instance, when a litre of petrol was selling at ₦564 or more depending on the fuel station and its location, a five litre of the product was selling for ₦5,000 on the streets of Lagos.

To petrol peddlers, making the product available on the streets, especially during scarcity is an opportunity to make brisk money by bringing the product close to those who can’t spend hours queuing at fuel stations. In a way, they believe they are 'helping' the people.

Sadly, many of them are not aware of the legal implications of their hustle.

On Friday, September 6, 2024, the Lagos State Government Task Force arrested six people for their involvement in illegal fuel sales amid the ongoing fuel scarcity.

The suspects, who were arrested at Fadeyi, Maryland, Charity Bus Stop, and Airport Road were caught hawking the product at inflated prices.

The agency’s Chairman, CSP Adetayo Akerele, who led the operation condemned the practice, warning that selling the product could cause disaster.

“The actions of these black market operators are not only cruel but also constitute a severe threat to public safety, as the improper handling and storage of petrol could lead to disaster,” Akerele said.

Although the arrest of the suspects in Lagos was predicated on safety concerns, the Nigerian Constitution provides a legal ground for petrol peddling to be a jail-worthy offence.

What does the law say?

Section 17 of the Miscellaneous Act makes it clear that hawking and selling without licence could lead one to jail.

The section says: Any person who without lawful authority or an appropriate licence-

(a) imports, exports, sells, offers for sale, distributes or otherwise deals with or in any crude oil, petroleum or petroleum product in Nigeria;

(b) does any act for which a licence is required under the Petroleum Act, shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life, and in addition, any vehicle, vessel, aircraft or other conveyance used in connection therewith shall be forfeited to the Federal Government.

This implies that fuel scarcity is no excuse for anyone to get the product by whatever means and sell it on the street without licence.