The Federal High Court in Abuja, on Wednesday, adjourned a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against Nigeria National Petroleum Company, NNPC, Limited and others over oil import licence dispute until November 5 for hearing.
The matter, which was earlier fixed for today for hearing, could not proceed due to the absence of Justice Mohammed Umar in court.
Justice Umar, the presiding judge, was said to be sitting at the Enugu division of the court.
The court subsequently fixed Wednesday, November 5 for the hearing of the suit.
The judge had, on July 10, ordered parties in the case to regularise their processes ahead of the hearing of the suit.
Justice Umar also ordered that hearing notices be issued and served on the defendants that were not in court.
The suit, which was formerly before Justice Inyang Ekwo, began denovo (afresh) following its reassignment to Justice Umar.
Dangote Refinery had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NMDPRA, and Nigeria National Petroleum Corporation Limited, NNPCL, as 1st and 2nd defendants.
Also joined in the suit are AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as 3rd to 7th defendants respectively.
The oil company, through its lawyer, Ogwu Onoja (SAN), prayed the court to nullify import licences issued by NMDPRA to the NNPCL, and the five other companies for the purpose of importing refined petroleum products.
Dangote Refinery (plaintiff) also prayed the court to declare that NMDPRA was in violation of Sections 317(8) and (9) of the Petroleum Industry Act, PIA, by issuing licenses for the importation of petroleum products.
It stated that such licenses should only be issued in circumstances where there is a petroleum product shortfall.
It equally sought a N100 billion in damages against NMDPRA for allegedly continuing to issue import licences to NNPCL and the five companies for importing petroleum products, among other reliefs.
The NNPCL, in its preliminary objection, prayed the court to strike out the case for being incompetent.
The NNPCL argued that the suit was premature and it disclosed no cause of action against it.
“This honourable court lacks the jurisdiction to hear this suit,” the NNPCL said.
- NNPC does not exist
In the affidavit in support of the application deposed to by Isiaka Popoola, a clerk in the law firm of Afe Babalola & Co, counsel to the NNPCL, he said one of their lawyers, Esther Longe who perused Dangote’s originating summons, affidavit and written address told him that an examination of the processes showed that NNPC as sued by the refinery was non-existent entity.
Popoola averred that the court lacked jurisdiction over the 2nd defendant sued as Nigeria National Petroleum Corporation Limited (NNPCL).
“A simple search on the CAC website shows that there is no entity called “Nigeria National Petroleum Corporation Limited (NNPC).”
According to Popoola, the 2nd defendant/objector is not one and the same with the 2nd defendant sued by the plaintiff.
He urged the court to strike out the suit.
Also, the NMDPRA, in its counter affidavit deposed to by Idris Musa, a Senior Regulatory Officer in the office, prayed the court to dismiss the suit as it was misconceived, unmeritorious and incompetent.
Musa argued that Dangote Refinery is not entitled to any of the reliefs sought.
The official, in the application dated and filed December 13, 2024, said the current production of Dangote Refinery is yet to meet the national daily petroleum products sufficiency requirement.
He said based on this and in compliance with Section 317 [9] of the PIA (Petroleum Industry Act), NMDPRA issued licences to import petroleum products to bridge product shortfalls to companies with good track records of international products trading.
Besides, he said the agency is also mandated to promote competition and prevent abuse of dominant market positions and unhealthy monopoly in the oil and gas sector.
He denied the allegation that NMDPRA is partaking in any purported “grand conspiracy and concerted efforts” against the refinery, describing it as “an allegation for which the plaintiff has provided no facts or evidence in support.”
The oil marketers, in a joint counter affidavit filed on Nov. 5, 2024, told the court that granting Dangote’s application would spell doom for the country’s oil sector.
According to them, the plan to monopolise the oil sector is a recipe for disaster in the country.
The three marketers; AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited, in their response, said the plaintiff did not produce adequate petroleum products for the daily consumption of Nigerians.
They argued that there was nothing placed before the court to prove the contrary.
Justice Ekwo had, on March 18, dismissed the NNPCL’s objection against Dangote’s suit
The judge, in the ruling, dismissed the objection on the grounds that the application was incompetent.
Justice Ekwo held that the NNPCL ought to have filed a defence in the form of a counter affidavit to the Dangote Refinery’s originating process before raising an objection.
The judge, who also dismissed the NNPCL preliminary objection, challenging the jurisdiction of the court, granted Dangote’s motion to amend its originating motion by correcting the name of the NNPCL.
Besides, Justice Ekwo equally dismissed the motion for joinder filed by Federal Competition and Consumer Protection Commission (FCCPC) for being an unnecessary party and as a “meddlesome interloper.”
