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Court Rejects Fccpc’s Bid To Join Dangote Refinery’s Lawsuit Against Nnpcl Over Fuel Import Ban
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COURT REJECTS FCCPC’S BID TO JOIN DANGOTE REFINERY’S LAWSUIT AGAINST NNPCL OVER FUEL IMPORT BAN

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The Federal High Court in Abuja has dismissed the Federal Competition and Consumer Protection Commission's (FCCPC) request to join a lawsuit filed by Dangote Petroleum Refinery seeking to stop the Nigerian National Petroleum Company Limited (NNPCL) and several oil marketers from importing refined petroleum products into Nigeria.

Justice Inyang Ekwo, who presided over the case, ruled that the FCCPC was not a necessary party in the matter, stating that the dispute could be resolved without its involvement. The judge also dismissed an application from the NNPCL challenging the court’s jurisdiction to hear the case.

Dangote Refinery had filed the lawsuit, marked FHC/ABJ/CS/1324/2024, against the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), NNPCL, and five other oil marketers—AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited—as defendants.

The refinery sought the nullification of import licenses granted by the NMDPRA, claiming that such authorizations violated Sections 317(8) and (9) of the Petroleum Industry Act, which permits fuel importation only during shortages. Dangote Refinery maintained that it has the capacity to meet Nigeria's local petroleum demands and sought ₦100 billion in damages from NMDPRA for allegedly issuing import licenses against the law.

In a motion on notice, the FCCPC attempted to join the lawsuit, arguing that Dangote Refinery's goal to monopolize the petroleum market contradicts the commission’s mandate to maintain a competitive and open market. The FCCPC argued that the lawsuit centered on anti-competition issues, making its participation crucial.

However, Dangote Refinery objected, describing the FCCPC as a “meddlesome interloper” with no relevance to a case anchored on the Petroleum Industry Act. The refinery insisted that the FCCPC’s intervention was unnecessary.

Meanwhile, NNPCL, the second defendant, contested the lawsuit, claiming that “NNPC,” the name listed in the suit, does not legally exist. The company argued that its registered name with the Corporate Affairs Commission is Nigerian National Petroleum Company Limited and urged the court to strike out its name from the suit.

Delivering his ruling on Tuesday, Justice Ekwo rejected both the FCCPC's request to join and NNPCL's objection. However, he granted Dangote Refinery's request to amend the suit, allowing the proper name of the NNPCL to be reflected.

 

"This represents a significant development in our ongoing coverage of current events."
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