The Federal High Court in Abuja has adjourned until January 30, 2025, to hear a case filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigeria Midstream and Downstream Petroleum Regulatory Authority and six others over the issuance of oil import licenses.
Justice Inyang Ekwo granted the adjournment on Monday following a request by the plaintiff’s counsel, George Ibrahim (SAN), who sought permission to amend the originating summons.
The case, marked FHC/ABJ/CS/1324/2024, aims to halt the issuance of import licenses for refined petroleum products to oil marketers, alleging the practice violates Sections 317(8) and (9) of the Petroleum Industry Act.
The defendants in the suit include the NMDPRA, Nigerian National Petroleum Corporation Limited, AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
Dangote Refinery argues that the import licenses issued by the NMDPRA are unlawful, as the PIA mandates such licenses should only be granted to address proven shortfalls in local supply.
The company further accused the NMDPRA of failing to support local refineries as required by the Act and is demanding N100 billion in damages.
Oil marketers named in the suit have filed a counter-affidavit, urging the court to dismiss the case. Represented by Ahmed Raji (SAN), they argued that Dangote Refinery does not produce sufficient petroleum products to meet Nigeria’s daily demand.
“Monopolizing the sector by granting exclusive rights to Dangote Refinery will harm the economy, eliminate competition, and lead to increased prices,” they stated.
The marketers warned of potential supply shortages and higher costs if the country relies solely on Dangote Refinery, particularly in the event of operational disruptions.
At the hearing, Ibrahim informed the court that amended court processes had not yet been served on the defendants, delaying progress in the case.
“We are unable to move forward because service of the amended originating summons is incomplete,” he said.
Similarly, defense counsels, including Mathew Bukar (SAN) for the NMDPRA and Ademola Abimbola for the NNPCL, confirmed they had not been properly served.
Abimbola added that Dangote Refinery amended the suit after media reports highlighted objections over the inclusion of NNPCL under an incorrect name.
Justice Ekwo criticized the delays, stating, “You have not been able to position this matter to be heard, and that is the cause of the adjournment.”
He instructed the plaintiff to ensure all processes are properly served before the next hearing.
A representative from another party seeking to join the case was also asked to stand down until service issues are resolved.
The case has been rescheduled to January 30, 2025, with Dangote Refinery’s counsel pledging to complete service within ten days.