Site icon Nairametrics

Court dismisses FCCPC’s request to challenge Dangote Refinery’s N100 billion import license suit 

Federal High Court, REA

The Federal High Court Abuja has dismissed the Federal Competition and Consumer Protection Commission’s (FCCPC) request to join and challenge Dangote Petroleum Refinery and Petrochemicals FZE’s  N100 billion import license lawsuit.

Justice Inyang Ekwo dismissed FCCPC’s joinder request on Tuesday while ruling on its application to join and prove Dangote’s alleged planned monopoly in the oil and gas sector.

The pending suit by Dangote Refinery, marked FHC/ABJ/CS/1324/2024, seeks to void import licenses issued to some Nigerian oil companies by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).

These companies include the Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, A.A. Rano Limited, and four others.

What FCCPC and Dangote Refinery said about the N100 pending suit

In its motion and accompanying processes exclusively seen by Nairametrics, the FCCPC legal team, led by Barrister Olarenwaju Osinaike, had stated that FCCPC is seeking to be joined as a necessary party to the present proceedings because its interest would allegedly be affected by the outcome of the suit.

News continues after this ad

But in its counter to FCCPC’s request to join the suit, seen by Nairametrics, Dangote Refinery responded that:

“It is not true that the plaintiff’s suit is monopolistic but solely aimed at revamping local refining of petroleum products in Nigeria.” 

“Dangote Refinery is able to meet the daily consumption demand of the country,” he stated, adding that NMDPRA allegedly granted licenses to the defendants to import petroleum products contrary to Section 317(8) and (9) of the Petroleum Industry Act.

“The Petroleum Industry Act does not give the Federal Competition and Consumer Protection Commission (FCCPC) authority to issue licenses or impose levies on the plaintiff,” he continued, describing the FCCPC as a “meddlesome interloper” that should not be allowed to join the suit.

He further submitted that FCCPC has no business in a case revolving around the PIA—an Act of the National Assembly.

He stated that FCCPC should instead seek an amendment to the law if it has any grievance regarding the petroleum sector.

Court’s Ruling 

Ruling on the joinder application by FCCPC, Ekwo said while the law allows a necessary party to join a case, that party must prove its relevance in the matter.

“Looking at the application filed by the FCCPC, I do not find any ground or substance that makes FCCPC relevant in this case.

“I am of the opinion that that subject matter of the case can be resolved without the FCCPC,” Ekwo ruled.

The judge then adjourned till May 6, 2025, for Dangote Refinery to mention its amended case again.

What You Should Know 

Exit mobile version