From Godwin Tsa Abuja
The Abuja division of the Federal High Court has shifted further proceedings on the suit filed by Dangote Petroleum Refinery and Petrochemicals FZE, to nullify licences the Nigeria National Petroleum Corporation Limited (NNPCL) and six others secured to import refined petroleum products to January 30.
The adjournment by Justice Inyang Ekwo followed the inability of the plaintiff to serve its amended originating summons on major oil marketers that were cited as defendants in the suit.
In his suit marked: FHC/ABJ/CS/1324/2024,
Dangote Refinery, is contesting the propriety of the licence issued to the defendants to bring refined petroleum products into the country when there is no shortfall in its own production.
The oil company is equally praying the court to award N100 billion in damages against the NMDPRA for allegedly continuing to issue import licenses to NNPCL and the other defendants for the import of petroleum products such as Automotive Gas Oil (AGO) and Jet Fuel (aviation turbine fuel) into Nigeria.
Other defendants listed in the suit are the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NMDPRA; AYM Shafa Limited; A. A. Rano Limited; T. Time Petroleum Limited; 2015 Petroleum Limited; as well as Matrix Petroleum Services Limited.
It told the court that the licences were issued to the defendants, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”
Among other things, the plaintiff applied for an order of injunction, restraining the 1st defendant (NMDPRA) from further issuing and/or renewing import licenses to the 2nd to 7th defendants or other companies for the purpose of importing petroleum products.
It prayed for an order of court directing the 1st defendant to seal off all tank farms, storage facilities, warehouses, and stations used by the defendants for the storage of all refined petroleum products imported into Nigeria.
When the case came up on Monday, Dangote Refinery, through its lawyer, Mr. George Ibrahim, notified the court of its inability to serve the processes on some of the defendants, adding that the possibility of an out-of-court-settlement of the dispute had not been ruled out.
Ibrahim noted that the plaintiff had earlier secured the permission of the court to amend the originating processes.
Whereas Mr. Ademola Abimbola, who appeared for the NNPCL, acknowledged that he was handed the processes before the court commenced its sitting, however, counsel to the NMDPRA, Mr. Mathew Burkar, said he was yet to be served with the relevant court processes.
Likewise, counsel to AYM Shafa, A. A. Rano Limited and Matrix Limited, Mr. Ahmed Raji, SAN, as well as that of T. Time Petroleum and 2015 Petroleum Limited), Divine Oguru, said they were yet to be served.
Following the development, Justice Ekwo adjourned the matter at the instance of the plaintiff.
The three major oil marketers that were also cited as defendants in the suit – AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited- prayed the court to dismiss the suit.
They urged the court to stop what they described as a plot by Dangote Refinery to monopolize the energy sector of the Nigerian economy.
The marketers argued that allowing the plaintiff to take over the oil sector would spell doom for the country.
The defendants told the court that they are well qualified and entitled to be issued a licence by the 1st defendant to import petroleum products into the country within the provisions of Section 317(9) of the PIA.
They argued that vesting the plaintiff with the power of monopoly in Nigeria’s petroleum industry, as it is seeking through the legal action, would kill competitive pricing of petroleum products in the country, further deteriorate Nigeria’s critically ailing economy “and unleash untold hardship on Nigerians, all of which constitute a recipe for disaster in the polity.”