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Court adjourns Dangote Refinery suit on import licenses to January 30

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By Francesca Hangeior

The Federal High Court sitting in Abuja on Monday adjourned to January 30 to hear a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigeria Midstream and Downstream Petroleum Regulatory Authority and six others.

Justice Inyang Ekwo granted the new date following an application by the plaintiff’s counsel, George Ibrahim (SAN), who sought leave to amend the originating summons.

Dangote Refinery and Petrochemicals FZE, in a suit marked FHC/ABJ/CS/1324/2024, is seeking to halt the issuance of oil import licenses to some oil marketers.

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Mentioned in the suit as 1st to 7th defendants are 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.

In its originating summons, Dangote Refinery prayed the court to nullify the import licenses issued by the NMDPRA to the NNPCL and the five other companies for importing refined petroleum products, arguing that such actions violate Sections 317(8) and (9) of the Petroleum Industry Act (PIA).

The company claimed that these licenses should only be issued in cases of proven shortfalls in local supply and accused NMDPRA of failing to support local refineries as mandated by the PIA.

Additionally, Dangote Refinery sought N100 billion in damages against the NMDPRA for allegedly continuing to issue import licenses to the NNPCL and the other marketers.

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In response, three major oil marketers—AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited—filed a counter-affidavit urging the court to dismiss Dangote Refinery’s suit.

The marketers argued that Dangote Refinery does not produce enough petroleum products to meet Nigeria’s daily consumption needs and that monopolising the sector would harm the economy. They maintained that the import licenses issued to them were lawful and in compliance with the PIA, the Federal Competition and Consumer Protection Act, and other relevant laws.

They further warned that granting Dangote Refinery exclusive control of the petroleum sector would eliminate competition, drive up prices, and destabilise the country’s fragile economy.

The marketers also cautioned that relying solely on Dangote Refinery for petroleum products could lead to supply shortages and higher costs in the event of operational disruptions at the refinery.

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At Monday’s resumed hearing, the plaintiff’s counsel, George Ibrahim (SAN), informed the court that the matter had been fixed for a report on settlement or service. However, he stated that he had not been able to serve the amended originating summons on the defendants.

He added that the issue of settlement could not be addressed due to a motion filed to amend their originating summons, due to the errors in the earlier application.

Similarly, the defendants’ counsel confirmed they had not been served and requested proper service before the case could proceed.

Mathew Bukar (SAN) appeared for the NMDPRA, Ahmed Raji (SAN) represented the 3rd, 4th, and 7th defendants AYM Shafa, A.A. Rano Limited, and Matrix Petroleum Services Limited, while Divine Oguru appeared for the 5th and 6th defendants T. Time Petroleum and 2015 Petroleum Limited.

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NNPCL counsel, Ademola Abimbola, on his part, informed the court that he had only been served with the application this morning, shortly before the court session began.

Abimbola noted that Dangote Refinery served the amended originating summons following objections that the 2nd defendant (NNPCL) should not have been included in the suit, as it was sued under an incorrect registered name.

He further claimed that the plaintiff amended the suit after it became public in the media, adding that the application would be reviewed for an appropriate response.

Justice Ekwo instructed Dangote Refinery’s counsel to ensure the case is properly positioned to be heard on the next adjourned date.

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“You have not been able to position this matter to be heard, and that is the cause of the adjournment,” Justice Ekwo said.

The plaintiff’s counsel requested ten days to serve all parties in the suit. Upon his request, Justice Ekwo adjourned the case to January 30 to allow all parties to complete the filing and service of court processes.

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Presidency Slams Kemi Badenoch’s Insultive Remarks About Nigeria

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By Kayode Sanni-Arewa

The administration of President Bola Ahmed Tinubu has called on the United Kingdom’s Conservative Party leader, Kemi Badenoch, to stop making disparaging remarks about Nigeria.

The Nigerian-born politician, sparked controversy in 2024 following repeated critical comments about her country of birth.

In her first address of the year at an event hosted by Onward, a British think tank focused on economic and social issues, Badenoch criticized Nigeria’s governance. She stated she did not want Britain to mirror what she described as Nigeria’s “terrible government,” which, in her words, “destroys lives.”

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Emphasizing the need for reform and trust-building in governance, Badenoch argued that the Conservative Party was the right choice to steer the UK away from such pitfalls. She warned that without significant changes, Britain could risk adopting systemic flaws similar to those she attributed to Nigeria.

The remarks prompted a response from Daniel Bwala, the Special Adviser to President Tinubu on Policy Communications. In a post on X (formerly Twitter), Bwala urged Badenoch to avoid using Nigeria as a rhetorical tool to gain favor with her political base.

“I truly wish that sister Kemi Badenoch would avoid denigrating Nigeria, the country of her origin, as a weapon to please her far-right base,” Bwala wrote. He drew a parallel with UK Prime Minister Rishi Sunak, noting that Sunak had never criticized India, his ancestral home, to gain political advantage.

Bwala praised Badenoch’s intelligence and political accomplishments but expressed disappointment over her negative rhetoric about Nigeria. “She is smart, intelligent, and we are proud of her rise in UK politics, but we are equally saddened by her terrible rhetoric against Nigeria,” he added.

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This development underscores ongoing tensions surrounding the portrayal of Nigeria on international platforms, particularly by individuals with ties to the country. It raises broader questions about the balance between constructive criticism and national pride in political discourse.

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BREAKING: Falana Declares INEC Should Stop Conducting By-Elections

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By Kayode Sanni-Arewa

Constitutional lawyer, Femi Falana (SAN), has called on the Independent National Electoral Commission (INEC), to stop conducting by-elections in the country as such by-elections only lead to unnecessary and wasteful spending of funds.

Falana who made the call in a statement on Sunday, argued that since votes recorded during elections belong to political parties, the replacement of elected candidates as a result of death or resignation should not call for a by-election. “The political parties that sponsored the candidates that die or resign should be directed to fill the vacancy by nominating another candidate,” the lawyer said. He also urged the National Assembly to amend the electoral act to allow parties to replace elected officers without resorting to by-elections.

“The National Assembly should therefore amend the Electoral Act to allow political parties to replace elected public officers who lose their positions as a result of death, resignation or impeachment.

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By virtue of Section 221 of the Nigerian Constitution, elections are won by political parties and not by candidates. “In the case of Amaechi vs. INEC & Ors (2 008) LCN/3642 (SC), the Supreme Court held that “The above provision (i.e.Section 221) effectually removes the possibility of independent candidacy in our elections, and places emphasis and responsibility in elections on political parties. Without a political party, a candidate cannot contest

“In his own contribution to the judgment, Pius Olayiwola Aderemi JSC (of blessed memory) emphatically stated that “…it is the political parties that the electorates do vote for at election time. “In P D.P. v. I.N.E.C. (1999)7SC (PT II) 30, Mr. Boni Haruna was allowed to be the governor of Adamawa State following the resignation of the elected governor, Mr Atiku Abubakar, who had been nominated as Vice Presidential candidate of the Peoples Democratic Party. “For some inexplicable reasons, the Independent National Electoral Commission changed the law when it decided to conduct an additional election after the death of Mr. Audu Abubakar who had emerged the Governor of Kogi State,” he said.

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Give us Justice” Parents of EndbadGovernace Protest Victims cry out

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By Kayode Sanni-Arewa

Parents and relatives of the #Endbadgovernance protest that took place from 1-10 August 2024, has charged the federal government to investigate the numbers of casualties who were killed, injured and missing during and after the protest.

Ibrahim Yaha who spoke on behalf of the bereaved victims parent at a press briefing in Kano on Monday stated that the government has neglected investigating the killing by the police and swept justice under the carpet leaving them in pain.

“Each one of us has been in pain since August 2024 because our sons and daughters were killed by the police. We expected the government to acknowledge the atrocities committed by the police during the protest and to bring to justice all those suspected of responsibility for the killings and injuries.

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“We all waited and waited but there seemed to be no any effort to investigate the police handling of the protest. We are dismayed that we did not receive condolences and not even a sympathy visit. Some of our sons and daughters were not even part of the protest, but they were killed because of excessive use of force and lethal attempts made by the police to suppress the protest. We are ready to provide all the information and evidence.”.

They however demanded that President Bola Tinubu should order a panel of inquiry in the killings that will constitute of experts as well as the parents of those killed.

Other demands include call for a public and impartial investigations into all the killings by the police during #Endbadgovernance protest, those suspected of being responsible for the killings must be held accountable and brought to justice and Justice for Victims’ Families.

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