The Federal High Court in Abuja adjourned until January 30 to hear a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE. This case is against the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and six other defendants.
Justice Inyang Ekwo granted the new date after George Ibrahim (SAN), counsel for Dangote Refinery, requested leave to amend the originating summons. The amendment became necessary due to errors in the earlier application.
Dangote Refinery Challenges Oil Import Licences
In the suit marked FHC/ABJ/CS/1324/2024, Dangote Refinery seeks to halt the issuance of oil import licences to select marketers. The defendants include the NMDPRA, Nigerian National Petroleum Corporation Limited (NNPCL), AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
Dangote Refinery argues that the licences violate Sections 317(8) and (9) of the Petroleum Industry Act (PIA). It claims these licences should only be issued when local supply falls short and accuses the NMDPRA of neglecting its mandate to support local refineries.
The refinery further seeks N100bn in damages from the NMDPRA for continuing to issue import licences despite these alleged violations.
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Marketers’ Counter-Affidavit Opposes Dangote Refinery’s Claims
AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited responded with a counter-affidavit. They requested the court dismiss the suit, arguing that Dangote Refinery cannot meet Nigeria’s daily petroleum consumption needs.
The marketers also stated that the import licences comply with the PIA, the Federal Competition and Consumer Protection Act, and other laws. They warned that monopolising the sector could destabilise the economy and increase petroleum prices.
They cautioned that over-reliance on Dangote Refinery could lead to shortages and higher costs if the refinery experiences operational issues.
Adjournment Due to Incomplete Service
At the hearing, George Ibrahim informed the court that the matter was scheduled for a settlement report or service update. However, he admitted the amended originating summons had not been served on the defendants.
The defendants’ counsel, including Mathew Bukar (SAN) for NMDPRA and Ahmed Raji (SAN) for some marketers, confirmed they had not received the amended summons. NNPCL’s counsel, Ademola Abimbola, stated he received the application shortly before the session and highlighted concerns about the refinery’s amendments.
Justice Ekwo emphasised the need for proper service and adjourned the case to January 30. The plaintiff’s counsel assured the court that all parties would be served within 10 days.
New Parties Seek to Join Dangote Refinery Case
Another party, represented by Olanrewaju Oshinaike, sought to join the matter. Justice Ekwo instructed the party to await resolution of the service issue before considering the application.