NNPC asks court to dismiss Dangote refinery’s suit seeking withdrawal of its import licence

The Nigerian National Petroleum Company (NNPC) Limited has asked a federal high court in Abuja to strike out a suit filed by Dangote Petroleum Refinery, seeking the withdrawal of its import licence.

The NNPC, in a notice of preliminary objection filed by its team of lawyers, led by Kehinde Ogunwumiju, argued that the suit is premature.

According to NAN, the application, marked FHC/ABJ/CS/1324/2024, was filed before Inyang Ekwo, the presiding judge, on November 15.

The national oil company sought an order striking out the suit for lack of jurisdiction and also prayed the court to strike out the name of the second defendant (NNPC) from the suit.

The NNPC said the Dangote refinery lacked locus standi to institute the suit.

“The plaintiff’s suit is premature. The plaintiff’s suit discloses no cause of action. The 2nd defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” NNPC said.

‘NON-EXISTENT ENTITY’ 

Isiaka Popoola, a clerk in the Afe Babalola & Co law firm and counsel to the NNPC, said in the affidavit supporting the application, one of their lawyers, Esther Longe, who perused Dangote’s originating summons, affidavit, and written address, told him that the NNPC sued by the refinery was a “non-existent entity”.

Popoola argued that the court lacked jurisdiction over the second defendant sued as NNPC.

“This 2nd defendant in this suit as consistently seen on the face of the plaintiff’s originating summons, the affidavit in support and the written address as Nigeria National Petroleum Corporation Limited (NNPC),” he said.

“A simple search on the CAC website shows that there is no entity called “Nigeria National Petroleum Corporation Limited (NNPC).

“The print out of the said search is hereby attached and marked as Exhibit A.

“The registered name of the 2nd defendant/objector is Nigerian National Petroleum Company Limited and this is the only name it can be sued by.”

The lawyer said the NNPC, as sued by the refinery in the suit, is not a competent party or a juristic person.

Popoola, who argued that the suit is incompetent and ought to be dismissed, prayed the court to grant the application in the interest of justice.

Three oil marketers had prayed a federal high court in Abuja to dismiss the suit filed by Dangote refinery, seeking withdrawal of the traders’ licences.

The marketers were AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited.

The Dangote refinery had asked a federal high court in Abuja to void import licences issued to the Nigeria NNPC Limited, Matrix Petroleum Services Limited, A. A. Rano Limited, and four other companies.

The company had prayed the court to declare that the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) was in violation of Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing licences for petroleum products importation.

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