BLESSING OMALE, Abuja
The Federal High Court sitting in Abuja has adjourned the hearing of a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigerian National Petroleum Company Limited (NNPCL), the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), and five oil marketing firms over the issuance of petroleum import licences.
The matter, which was slated for hearing on Wednesday, could not proceed due to the absence of the presiding judge, Justice Mohammed Umar, who was reportedly sitting at the Enugu Division of the Federal High Court.
The case has now been fixed for November 5, 2025, for hearing.
The case, which had earlier been handled by Justice Inyang Ekwo, is now starting afresh (“de novo”) before Justice Umar following its reassignment.
Justice Ekwo had, on July 10, directed all parties to regularise their court processes and ordered that hearing notices be served on defendants who were not in court.
Dangote Refinery, represented by Senior Advocate of Nigeria Ogwu Onoja, is challenging the legality of the import licences issued by the NMDPRA 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.
In its suit, the refinery is asking the court to nullify all import licences issued for refined petroleum products, arguing that such actions violate Sections 317(8) and (9) of the Petroleum Industry Act (PIA), which restricts import licences to situations of national product shortfall.
The refinery also seeks a ₦100 billion compensation from the NMDPRA for allegedly breaching the law and undermining local refining efforts by continuing to issue import permits despite the commencement of operations at its Lagos-based refinery.
The NNPCL, in a preliminary objection filed through its counsel from Afe Babalola & Co, argued that the case was incompetent and premature, claiming it disclosed no reasonable cause of action against it.
An affidavit deposed to by Isiaka Popoola, a clerk in the law firm, stated that the refinery erroneously sued a “non-existent entity”, Nigeria National Petroleum Corporation Limited (NNPCL), which, according to him, does not exist in the Corporate Affairs Commission (CAC) records.
He urged the court to strike out the case for lack of jurisdiction.
The NMDPRA also filed a counter-affidavit through Idris Musa, a Senior Regulatory Officer, describing Dangote’s suit as “misconceived, unmeritorious, and incompetent.”
Musa argued that the refinery’s current production level does not meet Nigeria’s daily petroleum needs, and that the agency acted within its legal powers to issue import licences to companies with proven international trading records.
According to him, Section 317(9) of the PIA empowers the NMDPRA to grant import licences to bridge supply shortfalls, while also promoting competition and preventing market dominance or monopoly in the downstream sector.
He dismissed Dangote Refinery’s claims of a “grand conspiracy” against it as unfounded and unsupported by evidence.
In a joint counter-affidavit filed by AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited, the marketers warned that granting Dangote’s requests would destabilise the oil sector and create a monopoly.
They argued that the refinery has not produced enough fuel to meet domestic demand and that restricting importation would lead to scarcity and price distortions.
Justice Inyang Ekwo had, on March 18, dismissed a similar preliminary objection filed by NNPCL, describing it as incompetent.
He ruled that the company should have first filed a counter-affidavit before contesting the court’s jurisdiction.
The court also granted Dangote Refinery permission to amend its originating processes to correct NNPCL’s name and struck out an application by the Federal Competition and Consumer Protection Commission (FCCPC) seeking to join the case, describing the agency as a “meddlesome interloper.”
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