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Import Licenses: NNPCL resists Dangote Refinery’s bid to amend N100 billion suit as Court adjourns

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The Nigerian National Petroleum Company Limited (NNPCL) on Thursday legally blocked Dangote Petroleum Refinery and Petrochemicals FZE from amending its import license lawsuit against NNPCL, Matrix Petroleum Services Limited, A.A. Rano Limited, and four other companies.

Dangote Refinery’s legal team had sought to amend the suit to correct a “clerical spelling” error, but the request could not be heard during proceedings at the Federal High Court in Abuja due to NNPCL’s insistence on resolving its preliminary objection first.

Naijaonpoint previously reported that Dangote Petroleum Refinery and Petrochemicals FZE had filed a suit seeking to void import licenses issued to NNPCL, Matrix Petroleum Services Limited, A.A. Rano Limited, and four other companies for importing refined petroleum products.

The refinery argues that these products are already being produced domestically without shortfalls.

In suit number FHC/ABJ/CS/1324/2024, Naijaonpoint reported that Dangote Refinery is seeking N100 billion in damages against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) for allegedly continuing to issue import licenses to NNPCL, Matrix, and other companies for importing petroleum products such as Automotive Gas Oil (AGO) and Jet Fuel (aviation turbine fuel) into Nigeria.

Dangote Refinery’s suit claims that the practice of importing petroleum products persists “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”  

Meanwhile, NNPCL’s counsel, Ademola Abimbola, SAN, filed a preliminary objection, arguing that the plaintiff erroneously sued “Nigeria National Petroleum Corporation“, a non-existent entity, instead of the correctly registered “Nigerian National Petroleum Company Limited.” 

Consequently, Dangote Refinery applied for leave to amend the suit to correct the name of the second defendant.

At the resumed hearing on Monday, George Ibrahim, SAN, informed the court that he was ready to move the amended suit, which seeks to correct the clerical error in the originating summons.

“OWe contendthat the court cannot grant the application to amend. Until my preliminary objection is determined, the court cannot amend,” he said.

“We have not filed a formal process in response to the preliminary objection,” Ibrahim said when the judge asked whether a formal response had been filed.

However, Ibrahim also contended that he could address the court orally, citing points of law to convince the judge to dismiss the preliminary objection without needing a written response.

“The plaintiff (Dangote Refinery) is hereby granted two days to respond to the preliminary objection, while the respondents are granted one day to reply,” the court ruled.

The matter was subsequently adjourned to February 5, 2025, for the preliminary objection to be heard.

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

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

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 a middleman between the refinery and marketers.

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