FCCPC insists on joining Dangote Refinery’s N100 billion import license suit, begins appeal   

The appeal, by FCCPC’s lawyer, Olanrewaju A. Osinaike Esq., dated March 18, 2025, and exclusively cited by Naijaonpoint, contests the ruling of Justice Inyang Ekwo, who had earlier dismissed the Commission’s request to be joined in the case.

Dangote Refinery and the FCCPC have 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).

These companies include the Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, A.A. Rano Limited, and four others.

Naijaonpoint previously reported that Osinaike argued that the FCCPC sought to be joined as a necessary party in the High Court proceedings because its interests would be affected by the outcome of the suit.

However, in its counterarguments, as seen by Naijaonpoint, Dangote Refinery stated:

“It is not true that the plaintiff’s suit is monopolistic but solely aimed at revamping local refining of petroleum products in Nigeria.”   

On Monday, ruling on the FCCPC’s joinder application, Justice Ekwo stated that he could not find any relevance of the Commission in a case focused on the PIA.

 “Looking at the application filed by the FCCPC, I do not find any ground or substance that makes the FCCPC relevant in this case.   

“ I am of the opinion that the subject matter of the case can be resolved without the FCCPC,” Ekwo ruled.

The judge subsequently dismissed the FCCPC’s application, describing it as “unmeritorious” and adjourned the matter till May 6, 2025, for Dangote Refinery to present its amended case.

Disagreeing with the Federal High Court ruling, Osinaike has appealed against the decision, naming Dangote Refinery, NNPCL, A.A. Rano, and others as respondents.

“The Appellant is the statutory body responsible for the administration and enforcement of the provisions of the Federal Competition and Consumer Protection Act. One of its core functions is to review economic activities in Nigeria to identify anti-competitive, anti-consumer protection, and restrictive practices that may adversely affect consumer interests,” he argued.

He urged the Appeal Court to recognize that part of the FCCPC’s mandate is to eliminate anti-competitive agreements, deceptive marketing, and unfair business practices.

According to him, Dangote Refinery is seeking to allegedly abuse its dominant market position by preventing other players in the sector from importing petroleum products.

“The joinder of the FCCPC (Appellant) to the suit at the trial court is necessary, as the Appellant should be bound by the outcome of the action. This would also prevent parallel litigations in the future,” he added.

“The joinder of the FCCPC (Appellant) to the suit at the trial court is necessary, as the Appellant should be bound by the outcome of the action. This would also prevent parallel litigations in the future,” he added.

He urged the Appeal Court to set aside the High Court’s ruling and grant the FCCPC’s request to be joined as the 8th defendant in the suit.

With the latest developments, the legal team of FCCPC, Dangote Refinery, and others will now argue the FCCPC’s relevance in the refinery’s import license case before superior courts.

Pending the superior courts’ decision on FCCPC appeal, the ruling of Ekwo which dismissed the Commission’s joinder suit, stands.

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

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.