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Import licence: NNPCL asks court to strike out Dangote Refinery’s suit
The Nigeria National Petroleum Corporation Limited (NNPCL) has asked a Federal High Court in Abuja to strike out a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE, describing it as “incompetent.”
The NNPCL, in a notice of preliminary objection filed by its team of lawyers led by Kehinde Ogunwumiju, SAN, before Justice Inyang Ekwo, argued that the suit is premature.
The News Agency of Nigeria (NAN) reports that the application, marked: FHC/ABJ/CS/1324/2024 dated and filed on Nov. 15, was sighted on Wednesday.
NNPCL seeks two orders, which include an order of the honourable court striking out the suit for lack of jurisdiction and alternatively, an order striking out the name of the 2nd defendant (NNPCL) from the suit.
Giving six-ground argument, the corporation argued that Dangote Refinery lacked locus standi to institute the suit.
“The plaintiff’s suit is premature. The plaintiff’s suit discloses no cause of action. The 2nd defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL said.
In the affidavit in support of the application deposed to by Isiaka Popoola, a clerk in the law firm of Afe Babalola & Co, counsel to the NNPCL, he said one of their lawyers, Esther Longe who perused Dangote’s originating summons, affidavit and written address told him that an examination of the processes showed that NNPC sued by the refinery was non-existent entity.
Popoola averred that the court lacked jurisdiction over the 2nd defendant sued as NNPC.
“This 2nd defendant in this suit as consistently seen on the face of the plaintiff’s originating summons, the affidavit in support and the written address as “Nigeria National Petroleum Corporation Limited (NNPC)”
“A simple search on the CAC website shows that there is no entity called “Nigeria National Petroleum Corporation Limited (NNPC).”
“The print out of the said search is hereby attached and marked as Exhibit A,” he said.
According to Popoola, the 2nd defendant/objector is not one and the same with the 2nd defendant sued by the plaintiff.
“The registered name of the 2nd defendant/objector is Nigerian National Petroleum Company Limited and this is the only name it can be sued by,” he added.
He said the NNPCL as sued by the refinery in the instant suit, is not a competent party or a juristic person.
Popoola, who averred that the suit is incompetent and ought to be struck out, prayed the court to grant their application in the interest of justice.
NAN had earlier reported that three oil marketers had also prayed the court to dismiss the suit.
The oil marketers, in a joint counter affidavit marked: FHC/ABJ/CS/1324/2024 filed on Nov. 5 in response to Dangote Refinery’s originating summons, told Justice Ekwo that granting that application would spell doom for the country’s oil sector.
According to them, the plan to monopolise the oil sector is a recipe for disaster in the country.
The three marketers; AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited, in their response, said the plaintiff did not produce adequate petroleum products for the daily consumption of Nigerians.
Besides, they argued that there was nothing placed before the court to prove the contrary.
Dangote Refinery had sued Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and Nigeria National Petroleum Corporation Limited (NNPCL) as 1st and 2nd defendants.
Also listed as 3rd to 7th defendants respectively in the originating summons dated Sept. 6 are AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
It prayed the court to nullify import licences issued by NMDPRA to the NNPCL and five other companies for the purpose of importing refined petroleum products.
The company also prayed the court to declare that NMDPRA was in violation of Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing licenses for the importation of petroleum products.
It stated that such licenses should only be issued in circumstances where there is a petroleum product shortfall.
It also urged the court to declare that NMDPRA is in violation of its statutory responsibilities under the PIA for not encouraging local refineries such as the company.
The company equally sought a N100 billion in damages against NMDPRA for allegedly continuing to issue import licences to NNPCL and the five companies for importing petroleum products.
These it said are Automotive Gas Oil (AGO) and Jet Fuel (aviation turbine fuel) into Nigeria, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”
Justice Ekwo had fixed Jan. 20, 2025 for report of settlement or service
***Says False Allegations Targeted at Derailing Massive Progress
The Coalition for Truth and Justice in Nigeria (CTJN) has commended Barrister Nyesom Wike, Minister of the Federal Capital Territory (FCT), for his remarkable achievements in transforming the nation’s capital.
The CTJN said that false accusations against the Minister are aimed to derail the progress and frustrate his efforts.
The group, after an extensive appraisal of Wike’s achievements, said the Minister has proven critics wrong, demonstrating exceptional leadership and vision.
Speaking at a press conference in Abuja, convener Dr. Agabi Emmanuel said under Wike, infrastructure development has been prioritized, addressing population pressure, urban sprawl, and neglected areas.
Agabi noted that the FCT is being transformed into a useful and aesthetically pleasing capital, with proactive measures addressing housing, transportation, healthcare, and governance infrastructure.
He said Wike’s administration has addressed land grabbing, reclaiming illegally occupied lands for mass housing projects.
The group also said that judges now have befitting accommodations, and rural healthcare has seen significant investments while teacher welfare packages have been improved, and the FCT Civil Service Commission has been established to decentralize governance.
The Coalition recommends continued support from stakeholders, religious and traditional leaders promoting peaceful coexistence, and security agencies maintaining vigilance. Wike’s leadership represents a paradigm shift in governance and infrastructure development, creating a legacy worthy of duplication.
Given the right support, the group said Nigerians and FCT residents can expect improved living standards.
The Coalition commends Wike’s initiatives and encourages other states to replicate them. His achievements demonstrate commitment to equitable development, improved quality of life, and sustainable growth.
“Our findings revealed that the FCT administration under Barrister Neysom Wike indeed prioritized the provision of necessary infrastructures across the various area councils in the federal capital territory. In the past, the FCT has had problems because of population pressure, urban sprawl, and the disregard for important areas,” the statement said.
“Right now, FCT is being transformed into a useful and aesthetically pleasing capital thanks to the proactive measures made by Barrister Wike’s leadership to address these problems. In order to identify priority regions across the many area councils, the administration has used a rigorous approach.
“Undoubtedly, a functional road network is a critical factor to urban development, economic activities, and the general well-being of residents. Recognizing this, it was also observed that the FCT Administration under Barrister Nyesom Wike has undertaken a major renovation of the road network within the Federal Capital City Centre.
“This is evident in the news look of the city centre and other adjourning areas in the federal capital territory. The FCT administration has also commissioned new roads in areas that were neglected by successive administrations in the country. These efforts are not merely about repairing roads but transforming them to meet modern urban standards.
“The FCT administration, led by Barrister Wike, has made large investments in security, which is a fundamental component of any flourishing community. The FCT Administration under the leadership of Barrister Nyesom Wike has also addressed the notorious issue of land grabbing in the FCT.
“The honourable minister went a step further by reclaiming these lands which obviously are not backed with any legal or verifiable documents, and reallocating them for mass housing developmental projects. This is indeed commendable and a step in the right direction in addressing the housing deficit in the FCT while ensuring that land resources are utilized for the public good.
“The FCT administration under Barrister Nyesom Wike recently initiated steps towards providing befitting accommodation for judges. This in our opinion is brilliant and a welcome development in line with standard practices in other climes. It is believed that the members of the law deserve dignified living conditions.
“Supporting the judiciary is a step toward strengthening governance and promoting sustainable development. The Coalition for Truth and Justice in Nigeria recommends this brilliant initiative to other states in the country in our quest for sustainable growth and development.
“It is indeed a statement of the fact that the FCT administration has made substantial investments in improving access to healthcare for rural dwellers within the FCT. This much was recognized by the Coalition for Truth and Justice in the construction of new healthcare centres and the equipping of existing healthcare centres across the FCT. The value of lives and properties have been at the top priority of the working Minister.
“The FCT Administration under the leadership of Barrister Nyesom Wike has substantial improvements in the remuneration and welfare packages for school teachers in the FCT. This, in our opinion, is the manifestation of a premium placed on improving workers’ welfare in the FCT towards achieving a productive workforce to aid in the development of the FCT.
“The FCT Administration in an attempt to decentralize governance in the FCT, established the FCT Civil Service Commission with the appointment of nine permanent secretaries to oversee critical sectors of the FCT.
“The Coalition for Truth and Justice in Nigeria wishes to state in unequivocal terms that the FCT Administration under the leadership of Barrister Nyesom Wike has indeed fared brilliantly in line with the Renewed Hope Agenda of the present administration.
“Barrister Nyesom Wike’s leadership of the FCT administration represents a paradigm shift in governance and infrastructure development which is unmatchable by no one so far. He has created a legacy of transformation that’s worthy of duplicity by any leader that wishes to make a difference. We commend his initiatives and encourages other states to replicate it”.
Miss Universe runner-up, Chidimma Adetshina, has announced her decision to quit pageantry.
Speaking during a recent interview with Silverbird TV, Adetshina said pageantry has been a traumatic experience for her.
She said she’s quitting for personal reasons and relocating to Nigeria from her estranged country, South Africa.
“Finishing in the top 2 [at the Miss Universe competition] is still a shocker for me… Honestly, I am done. Pageantry was a real traumatic experience for me,” she said.
“People still don’t understand how I felt. There were times when I almost quit during the Miss Universe contest. I’m really done with pageantry. I want to focus on myself and establish who I am. And forward my education as well.”
After finishing as 1st runner-up at the Miss Universe competition, Adetshina was named Miss Universe Africa and Oceania.
She won Miss Nigeria after withdrawing from the Miss South Africa contest after she attracted scrutiny over her nationality.
Coalition hails Wike’s massive achievements as FCT minister (Photos)
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I am done – Chidimma Adetshina quits pageantry
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