A Federal High Court in Abuja has dismissed the Federal Competition and Consumer Protection Commission’s (FCCPC) attempt to join a legal battle initiated by Dangote Petroleum Refinery. The refinery filed the lawsuit to prevent the Nigerian National Petroleum Company Limited (NNPCL) and several oil marketers from importing refined petroleum products into Nigeria.
Delivering his ruling, Justice Inyang Ekwo determined that the case could be resolved without the FCCPC’s involvement, stating that the commission was neither a necessary nor relevant party. Consequently, its application was struck out.
Dangote Refinery’s Legal Challenge
The lawsuit, registered as FHC/ABJ/CS/1324/2024, lists the Nigeria 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 primary defendants.
Dangote Refinery contends that NMDPRA acted unlawfully by issuing fuel import licenses to NNPCL and five oil marketing firms. Citing Sections 317(8) and (9) of the Petroleum Industry Act (PIA), the refinery argued that such licenses should only be granted when there is a proven shortfall in domestic supply.
It maintains that its production capacity is sufficient to meet Nigeria’s fuel demand and is therefore seeking an order to nullify the issued licenses.
Additionally, Dangote Refinery is demanding ₦100 billion in damages from NMDPRA, alleging continued issuance of import licenses in defiance of the PIA’s provisions.
FCCPC’s Argument and Rejection
The FCCPC sought to be added to the case, arguing that Dangote Refinery’s lawsuit aimed at preventing fuel imports could create a monopoly, which contradicts the commission’s mandate of ensuring a competitive market.
However, the refinery opposed the FCCPC’s motion, dismissing the commission as an unnecessary meddler in a matter strictly governed by the Petroleum Industry Act (PIA). The court ultimately sided with Dangote Refinery, ruling that the FCCPC had no legal grounds to participate in the case.
NNPCL’s Objection Dismissed
NNPCL also filed a preliminary objection, questioning the court’s jurisdiction and challenging the lawsuit’s validity. It argued that Dangote Refinery erroneously sued “NNPC,” a non-existent entity, instead of its legally registered name, “Nigerian National Petroleum Company Limited.”
However, Justice Ekwo dismissed NNPCL’s argument, ruling that the mistake did not affect the case’s merit. He granted the refinery permission to amend the lawsuit to reflect NNPCL’s correct name.
The case has been adjourned to March 6 for further proceedings.
