A Federal High Court sitting in Abuja has fixed September 29 to hear a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigerian National Petroleum Company Limited (NNPCL) and others over a dispute concerning oil import licences.
Justice Mohammed Umar scheduled the date after George Ibrahim, SAN, counsel to Dangote Refinery, requested an adjournment to allow all parties to regularise their court processes. The defence counsel did not oppose the request.
The case, previously handled by Justice Inyang Ekwo, started afresh following its reassignment to Justice Umar.
In the suit, Dangote Refinery listed the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), NNPCL, AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as the 1st to 7th defendants respectively.
Represented by Ogwu Onoja, SAN, the refinery is asking the court to nullify oil import licences issued by NMDPRA to NNPCL and the five other companies for the importation of refined petroleum products.
At Thursday’s proceedings, Ibrahim told the court that amendments had been made following an order earlier granted by Justice Ekwo. He explained that while some defendants had regularised their court filings, others— including the 1st defendant who was present in court— had yet to comply.
He also disclosed that NNPCL had previously filed a preliminary objection, which was dismissed by Justice Ekwo. A fresh objection was submitted by NNPCL in June, to which Dangote Refinery had responded. However, the corporation was not represented in Thursday’s sitting.
Due to these issues, Ibrahim requested an adjournment to allow all parties to complete the necessary legal formalities. Counsel to NMDPRA, I.D. Ahmad, did not oppose the request.
However, Basima Terhemba, appearing for the Federal Competition and Consumer Protection Commission (FCCPC)—which seeks to be joined in the case— informed the court of the commission’s ongoing interest. Although the court had previously rejected FCCPC’s joinder request, the commission has filed an appeal.
Terhemba argued that the matter concerns FCCPC’s core mandate and that a judgment rendered without its participation could be detrimental.
In response, Ibrahim reiterated that the former judge had ruled FCCPC was not a relevant party, labelling the commission a “meddlesome interloper.” He stated that FCCPC had filed an appeal and a motion for a stay of proceedings, but insisted the appeal had no merit and should not delay the case.
Justice Umar concurred that the appeal does not preclude the court from proceeding and adjourned the matter to September 29 for hearing. He also ordered that a hearing notice be issued and served on the defendants.
In its suit, Dangote Refinery is asking the court to declare that NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing import licences when such licences should only be issued in cases of petroleum product shortages.
The company is also demanding N100 billion in damages from NMDPRA for allegedly continuing to issue import permits to NNPCL and the five companies.
NNPCL, in its preliminary objection, urged the court to dismiss the case for being incompetent, premature, and lacking any cause of action.
In a counter affidavit, Idris Musa, a Senior Regulatory Officer at NMDPRA, argued that the suit is misconceived, unmeritorious, and incompetent. He stated that Dangote Refinery is not entitled to any reliefs sought, as the refinery’s current output does not meet the country’s daily petroleum consumption needs.
He noted that, in line with Section 317(9) of the PIA, NMDPRA had issued import licences to trusted companies with strong international trading records to bridge shortfalls.
Musa further emphasized that the agency is mandated to promote competition and prevent monopoly in the petroleum sector. He denied any alleged conspiracy against the refinery, stating that no facts or evidence support such a claim.
In a joint counter affidavit, oil marketers AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited warned that granting Dangote’s request would threaten the stability of Nigeria’s oil industry. They argued that Dangote Refinery does not currently produce enough petroleum products for nationwide consumption and that the plaintiff failed to prove otherwise.