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

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.

In its motion and accompanying processes exclusively seen by Naijaonpoint, 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.

But in its counter to FCCPC’s request to join the suit, seen by Naijaonpoint, 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.

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.

The trial court had earlier dismissed a preliminary objection by the NNPCL against Dangote Refinery, adding that the application was incompetent.

The trial court had earlier dismissed a preliminary objection by the NNPCL against Dangote Refinery, adding that the application was incompetent.

Africa’s richest man, Aliko Dangote had announced his willingness to sell his multibillion-dollar refinery to NNPCL, amid escalating disputes with regulators and equity partners, last year.

Dangote had previously accused other importers of bringing substandard petroleum products into Nigeria.

Naijaonpoint reported that the federal government later allowed marketers to purchase petroleum products directly from Dangote Refinery, following NNPCL’s decision to withdraw as an intermediary between the refinery and marketers.