The Federal High Court in Abuja has adjourned the N100 billion suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigerian National Petroleum Company Limited and others over the issuance of oil import licences to November 5.
The case, which was scheduled for hearing on Wednesday, could not proceed due to the absence of Justice Mohammed Umar, who was said to be sitting at the court’s Enugu division.
The News Agency of Nigeria reports that Justice Umar had earlier directed all parties to regularise their filings ahead of the hearing and instructed that hearing notices be served on defendants not yet represented in court.
Dangote Refinery, through its lawyer, Ogwu Onoja (SAN), had approached the court seeking to nullify import licences issued by the Nigerian Midstream and Downstream Petroleum Regulatory Authority to NNPCL and five oil marketing companies — AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
The refinery alleged that the NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act by granting import permits despite no proven shortfall in petroleum product supply. It also demanded N100 billion in damages for what it described as an unlawful and anti-competitive practice.
NNPCL, in its objection, urged the court to strike out the case, arguing that it was premature and that the suit disclosed no cause of action. The corporation maintained that the court lacked jurisdiction, insisting that the plaintiff wrongly sued an entity named “Nigeria National Petroleum Corporation Limited,” which it claimed did not exist.
An affidavit filed by Isiaka Popoola from Afe Babalola & Co., counsel to NNPCL, stated that “a search on the Corporate Affairs Commission website shows no entity called Nigeria National Petroleum Corporation Limited,” and urged the court to dismiss the case.
In its counter affidavit, the NMDPRA described Dangote’s case as “misconceived and unmeritorious,” insisting that the refinery’s output had not met the national demand for petroleum products. The agency said licences were issued in line with the law to bridge supply gaps and to promote fair competition in the oil and gas sector.
Senior Regulatory Officer Idris Musa, who deposed to the affidavit, said, “The plaintiff has not provided any evidence to support its claim of a grand conspiracy against it.”
Meanwhile, the oil marketers joined in the suit — AYM Shafa, A. A. Rano, and Matrix Petroleum — warned that granting Dangote’s prayers could cripple Nigeria’s fuel supply chain, accusing the refinery of seeking to monopolise the sector.
Justice Inyang Ekwo, who initially handled the case, had earlier dismissed NNPCL’s preliminary objection, ruling that the company’s application was incompetent since it failed to respond to the originating motion with a counter affidavit. He also granted Dangote’s request to correct the company’s name in the suit and dismissed a joinder application by the Federal Competition and Consumer Protection Commission.
The case will now come up on November 5 for hearing.
