The Federal High Court in Abuja has scheduled March 18, 2025, to deliver its ruling on a preliminary objection raised by the Nigerian National Petroleum Company Limited (NNPCL) in response to a lawsuit filed by Dangote Petroleum Refinery and Petrochemicals FZE. The suit challenges the issuance of petroleum product import licenses.
Presiding over the case, Justice Inyang Ekwo set the date after hearing arguments from NNPCL’s counsel, Ademola Abimbola, SAN, and Dangote Refinery’s lawyer, John Ibrahim, SAN. Both parties presented their positions and adopted their respective submissions during the session.
NNPCL’s preliminary objection, filed on November 15, 2024, seeks to have the suit dismissed on the grounds of lacking jurisdiction. Alternatively, NNPCL requests that its name be removed from the list of defendants. The company contends that the entity named in the suit, “Nigeria National Petroleum Corporation Limited,” is non-existent, emphasizing that the correct legal entity is “Nigerian National Petroleum Company Limited,” as registered with the Corporate Affairs Commission.
In contrast, Dangote Refinery’s counsel, John Ibrahim, SAN, opposed the preliminary objection, urging the court to dismiss it as unnecessary. He also sought the court’s permission to amend the suit to reflect the correct name of the NNPCL.
The core of the dispute lies in Dangote Refinery’s assertion that the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) violated Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing import licenses without a proven shortfall in local petroleum production. The refinery is seeking N100 billion in damages from the regulatory authority for allegedly continuing to issue import licenses in breach of the law.
Other defendants in the case include AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited. These companies have filed counter-affidavits, arguing that Dangote Refinery’s production capacity does not meet Nigeria’s daily petroleum product needs and that granting its request would create a monopoly, contrary to the PIA and the Federal Competition and Consumer Protection Act.
The court’s forthcoming ruling on March 18 will address the preliminary objection raised by NNPCL and potentially set the stage for the substantive hearing of the case.
