By Abigail Philip David
The Federal High Court in Abuja has adjourned the hearing of a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and six other parties until January 30.
Justice Inyang Ekwo granted the adjournment after the plaintiff’s counsel, George Ibrahim (SAN), requested leave to amend the originating summons.
Dangote Refinery, in the suit marked FHC/ABJ/CS/1324/2024, is seeking to prevent the issuance of oil import licenses to certain oil marketers. The defendants in the case include NMDPRA, Nigerian National Petroleum Corporation Limited (NNPCL), AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
The plaintiff claims that the import licenses issued to NNPCL and the five other companies for importing refined petroleum products violate the Petroleum Industry Act (PIA), specifically Sections 317(8) and (9), and that such licenses should only be granted when there is a proven shortfall in local supply. Dangote Refinery accuses NMDPRA of neglecting its responsibility to support local refineries under the PIA and demands N100 billion in damages for the ongoing issuance of import licenses.
In response, oil marketers AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited filed a counter-affidavit urging the court to dismiss Dangote Refinery’s suit. They argue that Dangote Refinery does not produce enough petroleum products to meet Nigeria’s daily consumption and that granting the company exclusive control would harm the economy, eliminate competition, and potentially lead to supply shortages and higher prices in case of refinery disruptions.
At Monday’s hearing, Ibrahim informed the court that he had been unable to serve the amended originating summons on the defendants, and the matter could not proceed with discussions on settlement due to errors in the earlier application. The defendants’ counsel confirmed they had not been served and requested proper service before the case could move forward.
Counsel for NMDPRA, Mathew Bukar (SAN), Ahmed Raji (SAN) for AYM Shafa, A.A. Rano, and Matrix Petroleum, and Divine Oguru for T. Time Petroleum and 2015 Petroleum, all requested proper service. NNPCL’s counsel, Ademola Abimbola, also noted that he had received the amended summons only shortly before the court session began and would review it before responding.
Justice Ekwo emphasized that the matter had not been properly positioned for hearing, leading to the adjournment. The plaintiff’s counsel requested ten days to complete the service of documents. Consequently, the case has been adjourned to January 30, allowing all parties to finalize their filings and service.
Additionally, another party, represented by Olanrewaju Oshinaike, sought to be joined in the case but was asked to wait until the service issues were resolved.
