Hearing in the suit by Dangote Petroleum Refinery and Petrochemicals Company was on Monday stalled at the Federal High Court, Abuja, due to delay in the service of court’s documents on the respondents.
Dangote, by the suit, is seeking to stop the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from issuing licence for the importation of fuel to six oil marketing companies.
While NMDPRA is the first defendant, the Nigeria National Petroleum Corporation Limited (NNPCL), AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited are second to seventh defendants respectively in the originating summons, marked: FHC/ABJ/CS/1324/2024 dated September 6, 2024.
Dangote Refinery through its lawyer, Dr. Ogwu Onoja (SAN), is praying the court to nullify import licences issued by NMDPRA to the NNPCL and the five other companies for the purpose of importing refined petroleum products.
The plaintiff is also praying the court to declare that NMDPRA was in violation of Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing licences for the importation of petroleum products, since such licences should only be issued in circumstances where there is a petroleum product shortfall.
It equally sought a N100 billion in damages against NMDPRA for allegedly continuing to issue import licences to NNPCL and the five companies for importing petroleum products, among other reliefs.
At the resumed hearing on Monday, Mr George Ibrahim (SAN), who appeared for the Dangote Refinery, informed the court that the matter was fixed for report of settlement or report of service.
Ibrahim, however, said they had been unable to take any step to effect service of the processes, adding that issues of reconciliation had also not been looked into because of a motion filed to amend their originating summons due to the error discovered in the earlier application.
He said the application was dated November 25, 2024 and filed November 28, 2024.
The counsel to NMDPRA, Mathew Bukar (SAN); lawyer to the third, fourth and seventh defendants (AYM Shafa, A.A. Rano Limited and Matrix Limited), Ahmed Raji (SAN), and that of fifth and sixth defendants (T. Time Petroleum and 2015 Petroleum Limited), Divine Oguru, told the court that they were yet to be served with the plaintiff’s application.
But Ademola Abimbola, who appeared for NNPCL (second defendant), said he was only served with the application at about 9am before the court began sitting.
Abimbola said Dangote Refinery served them with the amended originating summons because they raised objection that the second defendant should not have been a party in the suit since its registered name was not what it was sued with.
The lawyer, who said the plaintiff amended the suit because it was already in the media, said the application would be studied for appropriate response.
The trial Judge, Justice Inyang Ekwo, told the lawyer to Dangote that he, “has not been able to position this matter to be heard and that is the cause of the adjournment”.
The judge, who advised a counsel representing the party seeking to be joined, Olanrewaju Oshinaike, to wait until the processes were regularised, adjourned the matter till January 30 for mention.
NMDPRA, in its counter affidavit deposed to by Idris Musa, a Senior Regulatory Officer in the office, prayed the court to dismiss the suit as it was misconceived, unmeritorious and incompetent.
Musa argued that Dangote Refinery is not entitled to any of the reliefs sought.
The official, in the application filed December 13, 2024, said the current production of Dangote Refinery is yet to meet the national daily petroleum products sufficiency requirement.
He said based on this and in compliance with Section 317 [9] of the PIA (Petroleum Industry Act), NMDPRA issued licences to import petroleum products to bridge product shortfalls to companies with good track records of international products trading.
Besides, he said the agency is also mandated to promote competition and prevent abuse of dominant market positions and unhealthy monopoly in the oil and gas sector.