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NNPCL Import Licence: Dangote Refinery Seeks Court’s Permission to Amend Suit Against NNPCL and Oil Marketers
Key Takeaways
- Legal Amendment by Dangote Refinery
Dangote Refinery seeks to amend its lawsuit against the Nigerian National Petroleum Company Limited (NNPCL) to correct the second defendant’s name, ensuring compliance with corporate registration records and court procedures.
- Import Licence Dispute
The refinery challenges the issuance of petroleum product import licences by the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), claiming they violate the Petroleum Industry Act (PIA) and are only permissible in cases of product shortages.
- Counterarguments from Defendants
NNPCL and other oil marketers argue that Dangote Refinery’s claims lack merit, citing its inability to meet Nigeria’s petroleum needs and requesting the dismissal of the suit for procedural and substantive reasons.
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NNPCL Import Licence: Dangote Refinery
In a significant legal development, the Dangote Petroleum Refinery and Petrochemicals FZE (Dangote Refinery) has approached a Federal High Court in Abuja, seeking permission to amend its lawsuit against the Nigerian National Petroleum Company Limited (NNPCL) and other defendants.
This application stems from objections raised by the NNPCL regarding the validity of the suit.
Dangote Refinery Amends Suit to Correct NNPCL Name
The NNPCL, through its legal representation, argued that the second defendant listed in the case, “Nigeria National Petroleum Corporation Limited (NNPC),” is a non-existent entity.
Citing corporate registration records, NNPCL contended that its registered name with the Corporate Affairs Commission (CAC) is “Nigerian National Petroleum Company Limited,” and the incorrect name renders the case procedurally flawed.
In response, Dangote Refinery filed an application on November 28, seeking leave to amend its originating summons. The amendment aims to replace the erroneous name with the correct corporate identity of the NNPCL.
According to the supporting affidavit submitted by Vincent Sani, a litigation clerk, the correction is essential to ensure the court’s records reflect the accurate legal identity of the second defendant.
Dangote Refinery emphasized that the defendants would not face prejudice from this amendment, asserting that justice would be better served if the application was granted.
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The Import Licence Dispute
The crux of the lawsuit revolves around import licences issued by the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to NNPCL and five other companies, including Matrix Petroleum Services Limited, AYM Shafa Limited, and A. A. Rano Limited. Dangote Refinery contends that these licences violate Sections 317(8) and (9) of the Petroleum Industry Act (PIA), which stipulate that such licences should only be issued in cases of petroleum product shortages.
Dangote Refinery is urging the court to nullify these licences and award N100 billion in damages against NMDPRA for allegedly issuing the permits improperly.
Counterarguments from Oil Marketers
The oil marketers named in the suit have filed a joint counter-affidavit, challenging the claims made by Dangote Refinery.
They argue that the refinery has failed to produce adequate petroleum products to meet Nigeria’s daily consumption needs, providing no evidence to dispute this assertion.
Consequently, they have requested the court dismiss the suit for lacking merit.
Court Proceedings
Presiding over the case, Justice Inyang Ekwo has set January 20, 2025, as the date for the report of settlement or service.
Final Thoughts
The legal battle between Dangote Refinery and NNPCL highlights critical challenges in Nigeria’s petroleum sector, particularly regarding regulatory compliance and market dynamics.
While Dangote Refinery’s push to amend the suit underscores the importance of precision in legal processes, the dispute over import licences raises questions about the balance between local production capacity and the nation’s fuel demands.
As the case unfolds, its outcome could set a precedent for enforcing the Petroleum Industry Act (PIA) and shaping future licensing policies.
The January 2025 court session will likely be pivotal in determining how justice and economic interests align in this high-stakes industry conflict.
