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Only NMDPRA and NNPCL can determine petroleum shortfall in Nigeria, oil companies tell Court 

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Three oil companies—Matrix Petroleum Services Limited, A.A. Rano Limited, and AYM Shafa Limited—have asked the Federal High Court in Abuja to hold that only the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and the Nigerian National Petroleum Corporation Limited (NNPCL) can determine if there is petroleum shortfall in Nigeria, not Dangote Refinery.

This is contained in their written address seen by Naijaonpoint, attached to their counter affidavit dated November 5, 2024, seeking the prohibition of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from reviewing or withdrawing their import licenses.

On the provision of Section 317(9) of the Petroleum Industry Act(PIA), the oil companies’ lead counsel, Ahmed Raji SAN submitted that the only person and appropriate authority vested with statutory powers and the prerogative to determine when and if there is petroleum products shortfall in Nigeria is the NMDPRA (1st Defendant) in conjunction with the NNPCL (2nd Defendant.)

“ It is against this backdrop that the contention of Dangote Refinery that there is no shortfall in the availability of petroleum products in Nigeria fails to convince. 

“ Thus, your lordship will find that from the bare and unsubstantiated facts deposed to in the Affidavit in support of the Originating Summons, the unassailable facts deposed to in the Defendants’ Counter Affidavit and in the absence of any confirmation/corroboration from the NMDPRA and NNPCL, it is glaring that the Plaintiff does not produce adequate and the needed quantity/volume of petroleum products for the daily use/consumption of Nigerians and Nigeria,” he contended.

They urged the court to rely on the written address and refuse to void their import licenses.

Naijaonpoint reports that the case is slated for January 20, 2025, for a report.

“This is an old issue that began in June and culminated in a matter being filed on September 6, 2024,” the statement read.

“Currently, the parties are in discussion following President Bola Tinubu’s directive on Crude Oil and Refined Products Sales in Naira, which was approved by the Federal Executive Council (FEC). We have made significant progress, and events have since overtaken this development.”

“No party has been served with court processes, and there is no intention to do so. We have agreed to put a halt to the proceedings. It is important to stress that no orders have been made, and there are no adverse effects on any party. We expect to formally withdraw the matter in court in January 2025.”

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