The Federal High Court in Abuja has dismissed an application by the Federal Competition and Consumer Protection Commission (FCCPC) to be joined in a suit filed by Dangote Petroleum Refinery.
The suit is seeking to halt the importation of refined petroleum products by the Nigerian National Petroleum Company Limited (NNPCL) and five oil marketers.
Justice Inyang Ekwo, delivering the ruling on Tuesday, March 18, held that the FCCPC was not a necessary party in the case and that the dispute could be resolved without its involvement. “The FCCPC is not a relevant or necessary party,” the judge ruled, rejecting its application.
Dangote Refinery had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), NNPCL, AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
It asked the court to nullify the import licences issued to them by NMDPRA, arguing that such permits should only be granted in cases of a supply shortfall.
The refinery also claimed that it had the capacity to meet Nigeria’s petroleum needs and sought ₦100 billion in damages from NMDPRA for allegedly continuing to issue import licences.
READ ALSO: NNPCL Rejects Dangote Refinery’s Suit on Petroleum Importation Rights
The FCCPC, in its application, argued that the case centred on anti-competition and monopoly, which fell under its mandate.
“The main thrust of Dangote Refinery’s suit borders on anti-competition and monopoly in the petroleum industry,” it stated. It insisted that any ruling in the case would affect its regulatory responsibilities.
Dangote Refinery opposed the move, describing the FCCPC as “a meddlesome interloper” with no jurisdiction over petroleum regulation, which it said was governed by the Petroleum Industry Act.
NNPCL also challenged the suit, arguing that Dangote Refinery had sued a non-existent entity by naming “NNPC” instead of its official registered name. It further contended that the case was “incompetent” and “premature,” urging the court to strike out its name from the suit.
However, Justice Ekwo dismissed NNPCL’s objection, ruling that it lacked merit. He granted Dangote Refinery’s request to amend the suit to reflect NNPCL’s correct name.
The judge adjourned the matter to March 6 for further proceedings.