The Federal Competition and Consumer Protection Commission (FCCPC) has abandoned and withdrawn its appeal at the Court of Appeal in Abuja after insisting on challenging Dangote Petroleum Refinery and Petrochemicals FZE’s N100 billion import license case.
The appeal was withdrawn on August 26, 2025, Naijaonpoint reports after exclusively reviewing the Commission’s notice of withdrawal filed against the Refinery and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, A.A. Rano Limited, and four other major oil dealers.
The notice of withdrawal of appeal, by FCCPC’s lawyer, Olanrewaju A. Osinaike Esq., and exclusively seen by Naijaonpoint, was made by the Commission citing Dangote Refinery’s discontinuance of its import license suit at the Federal High Court.
The notice is said to be “BROUGHT PURSUANT TO ORDER 11, RULE 1 OF THE COURT OF APPEAL RULES, 2021 AND UNDER THE INHERENT POWERS & JURISDICTION OF THIS HONOURABLE COURT.”
Osinaike argued that since the foundation of the subject matter of the Commission’s appeal has been discontinued, it will not be interested in proceeding further.
“We are Counsel to the Appellant (FCCPC) in APPEAL NO: CA/ABJ/CV/880/2025 and having appealed the decision of the Federal High Court, Abuja Judicial in SUIT NO: FHC/ABJ/CS/1324/2024, by filing a Notice of Appeal on 23rd May, 2025, pursuant to the leave of this Honourable Court on 21st May, 2025.
“The 1st Respondent (Dangote Refinery) having withdrawn SUIT NO: FHC/ABJ/CS/1324/2024, the substratum (foundation) of this present appeal, we on behalf of the Appellant (FCCPC) hereby GIVE NOTICE that the Appellant does not intend to further prosecute the appeal, and hereby abandon all further proceedings in regard thereto from the date hereof,” the notice partly reads.
In an exclusive interview with Naijaonpoint, Barrister Oladipupo Ige said that, according to competition law, if Dangote Refinery had succeeded in its import license case, it would have restricted entry and competition in the oil and gas sector, thereby giving the refinery a substantial market share, which in turn may hinder free competition.
“This would mean the refinery would be able to dictate prices and engage in other restrictive practices,” he added.
He stressed that the fact that Dangote Refinery has withdrawn its case and the FCCPC has filed a notice to discontinue its appeal means that “free market wins.”
He explained that it is naturally the job of the FCCPC to regulate market activities, but “if the threat of monopoly in this instance has been resolved,” it is only logical that the matter should be withdrawn.
“The FCCPC has done well. They have done their job,” he said.
He maintained that the instant legal development is a win for competition in Nigeria.
He stressed that competition is important for a vibrant economy, adding that while achieving perfect competition might be unrealistic, a fair market should be saturated with many buyers and sellers, have homogeneous products, and contain no barriers to entry or exit.
Recall that the Refinery had on July 28, 2025, notified the Federal High Court Abuja of its discontinuance of its N100 billion import license lawsuit against Nigerian National Petroleum Company Limited (NNPCL) and others.
The Refinery and the FCCPC had been in a legal battle over the Commission’s relevance in the pending suit, marked FHC/ABJ/CS/1324/2024, which seeks to nullify import licenses issued to certain Nigerian oil companies by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
The Refinery and the FCCPC had been in a legal battle over the Commission’s relevance in the pending suit, marked FHC/ABJ/CS/1324/2024, which seeks to nullify import licenses issued to certain Nigerian oil companies by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
Dangote had also accused other petroleum importers of bringing substandard petroleum products into Nigeria.
Naijaonpoint reported that the federal government eventually allowed oil marketers to purchase petroleum products directly from Dangote Refinery, following NNPCL’s decision to withdraw as an intermediary between the refinery and marketers.
Lately, reports indicate that Dangote later asked President Bola Tinubu to include refined petroleum products in the list of items banned under the ‘Nigeria First’ policy of the Federal Government.