Court to hear NNPC’s objection in Dangote refinery’s import licence suit Feb 5

A federal high court in Abuja has fixed February 5 to hear the preliminary objection filed by the Nigerian National Petroleum Company (NNPC) Limited against a suit by the Dangote Petroleum Refinery and Petrochemicals over an oil import licence dispute.

Justice Inyang Ekwo fixed the date on Thursday after George Ibrahim, counsel to Dangote refinery, informed the court that they were yet to file their response to NNPC’s objection.

When the matter was called, Ibrahim told the court that the session was scheduled for the hearing of their motion to amend the originating summons.

He said the amendment, dated November 25, sought a single relief to correct the name of the 2nd defendant from ‘Nigeria National Petroleum Corporation Limited’ to ‘Nigeria National Petroleum Company Limited’.

The lawyer said although the NNPC had served them with a counter affidavit opposing the motion for amendment, they had responded based on legal arguments.

“We urge your lordship to disregard the second defendant’s submission,” Ibrahim said, referencing a prior court ruling to support his stance.

However, Ademola Abimbola, NNPC’s counsel, opposed Ibrahim’s argument, stating that the Dangote refinery has not provided them with the previous court judgment cited by its lawyer.

He said NNPC had submitted a seven-paragraph counter affidavit on January 24 opposing the amendment request.

“We rely on all the said paragraphs and Exhibit A, including a written address, in urging my lord to dismiss the plaintiff’s application,” the lawyer said.

The NNPC council argued that the court cannot approve the amendment request because oil firm had filed a preliminary objection seeking to dismiss the suit.

Citing a supreme court ruling, Abimbola said the application to amend should be dismissed, as the preliminary objection must be resolved first.

He said if the amendment is granted, it would undermine NNPC’s objection.

COURT DIRECTS DANGOTE REFINERY TO FILE ITS RESPONSE WITHIN TWO DAYS

In response, Ekwo asked Abimbola if he was ready to proceed with the preliminary objection, to which the lawyer responded affirmatively.

However, Ibrahim interjected, requesting a two-hour stand-down to enable them to file a formal application.

But Abimbola argued that rather than addressing their preliminary objection, Dangote refinery was focused on filing a motion to amend its originating summons.

After considering the arguments, the judge adjourned the matter to February 5 for the hearing of NNPC’s objection.

He directed Dangote refinery to file its response within two days, while the NNPC was given one day to file any reply upon being served.

On September 6, 2024, the refinery filed a suit, marked FHC/ABJ/CS/1324/2024, against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and NNPC as first and second defendants.

Dangote refinery had requested the court to nullify the import licences issued to NNPC, Matrix Petroleum Services Limited, A. A. Rano Limited, and four other oil companies.

The company asked the court to rule that the NMDPRA violated Sections 317 (8) and (9) of the Petroleum Industry Act (PIA) by granting licences for petroleum product importation.

The refinery said such licences should only be issued in circumstances where there is a petroleum product shortfall.

The plant urged the court to declare that the NMDPRA is in violation of its statutory responsibilities under the PIA for not encouraging local refineries such as the company.

On October 21, 2024, the Dangote refinery said it plans to withdraw the lawsuit (which has been in court since June) in January 2025.