Dangote refinery seeks to amend suit against NNPCL
The Dangote Petroleum Refinery and Petrochemicals FZE has sought to amend its lawsuit against the Nigerian National Petroleum Company Limited (NNPCL) and other parties.
The request for amendment follows an application from NNPCL before Justice Inyang Ekwo of the Federal High Court in Abuja, urging the court to dismiss the case on the grounds of incompetence.
According to reports, Dangote Refinery had filed a suit against the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and NNPCL, listing them as the 1st and 2nd defendants. Other defendants, numbered 3rd to 7th, include AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
In its suit, the Dangote Refinery, through its lawyer Ogwu Onoja, SAN, seeks to nullify the import licenses granted by NMDPRA to NNPCL and the five companies for importing refined petroleum products. The refinery also contends that NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing such licenses, which, according to the plaintiff, should only be given in cases of petroleum product shortages. Additionally, the refinery is seeking damages of N100 billion from NMDPRA for allegedly continuing to issue import licenses.
In response, the NNPCL, in its preliminary objection filed on November 15, argued that the Nigerian National Petroleum Corporation Limited (NNPC), as named in the suit, is a non-existent entity. The company, represented by lawyer Kehinde Ogunwumiju, SAN, claimed that NNPCL, its registered name, is distinct from the 2nd defendant, “Nigeria National Petroleum Corporation Limited (NNPC).” NNPCL further contended that the court does not have jurisdiction over the 2nd defendant, urging the court to strike out the case or the defendant’s name.
On November 28, Dangote Refinery filed a motion seeking permission to amend its originating summons to correct the name of the 2nd defendant. The refinery clarified that the name should be amended to “Nigerian National Petroleum Company Limited” instead of “Nigeria National Petroleum Corporation Limited (NNPC).” This request was supported by an affidavit from Vincent Sani, a litigation clerk in the law firm of Onoja, who stated that the error was discovered after the initial filing. He affirmed that the amendment was necessary to accurately reflect the defendant’s name in court records and that no prejudice would result from granting the amendment.
The revised originating summons, which seeks the same reliefs as the original filing, was also included in the motion. Meanwhile, three oil marketers — AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited — have filed a counter affidavit, urging the court to dismiss the case.
They argue that granting the suit would harm the nation’s oil sector and lead to monopolization, which could have disastrous consequences. The marketers also claimed that the Dangote Refinery has not produced enough petroleum products to meet Nigeria’s daily consumption needs.
Justice Ekwo has set January 20, 2025, for a report on settlement efforts or further service of documents.
Proofreading by Uchechi Ojo, Sub-editor at NeptunePrime.
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