The Nigeria Nationwide Petroleum Company Restricted has spoke back to the go well with filed by way of Dangote Petroleum Refinery and Petrochemicals FZE to achieve the only real proper to provide petroleum merchandise within the nation.
The NNPCL, in its initial objection filed via its workforce of legal professionals led by way of Mr Kehinde Ogunwumiju (SAN), described Dangote Refinery’s go well with instituted to invalidate its licence to import delicate petroleum merchandise into the rustic as incompetent.
In its go well with, Dangote Refinery, amongst alternative issues, wondered the propriety of permitting the NNPCL and alternative key oil entrepreneurs to deliver delicate petroleum merchandise into the rustic when it has now not recorded any shortfall in its personal operations.
Cited as defendants within the go well with marked: FHC/ABJ/CS/1324/2024, had been; the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), the NNPCL and a few primary oil entrepreneurs that incorporated AYM Shafa Restricted, A. A. Rano Restricted and Matrix Petroleum Products and services Restricted.
In keeping with the plaintiff (Dangote refinery), the NMDPRA acted in breach of Divisions 317(8) and (9) of the Petroleum Trade Operate, PIA, by way of issuing licences for the importation of petroleum merchandise to the defendants.
It advised the yard that the licences had been issued to the defendants, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”
The plaintiff, due to this fact, prayed the yard to award N100 billion in damages towards the NMDPRA for allegedly proceeding to factor import licences to NNPCL and the alternative defendants for the import of petroleum merchandise comparable to Automobile Fuel Oil and Jet Gas (flight turbine gasoline) into Nigeria.
In particular, Dangote Refinery, amongst alternative issues, implemented for an sequence of injunction, restraining the primary defendant (NMDPRA) from additional issuing and/or renewing import licences to the second one to 7th defendants or alternative corporations to effect uploading petroleum merchandise.
It additional sought an sequence of yard directing the primary defendant to seal off all tank farms, storehouse amenities, warehouses, and stations impaired by way of the defendants for the storehouse of all delicate petroleum merchandise imported into Nigeria.
It stated, “An sequence of obligatory injunction directing the primary defendant to pull out right away all import licenses issued to the 2d-Seventh defendants and alternative corporations alternative than the plaintiff and alternative native refineries to effect uploading delicate petroleum merchandise into Nigeria.
“An order of injunction restraining the 1st defendant from imposing and demanding a 0.5% levy meant for off-takers of petroleum products directly and an additional 0.5% wholesale levy in favor of MDGIF or any other levy or sum against the plaintiff.”
In the meantime, 3 oil entrepreneurs within the go well with, AYM Shafa Restricted, A. A. Rano Restricted and Matrix Petroleum Products and services Restricted, in a joint counter affidavit requested the Federal Top Courtroom in Abuja to disregard the go well with filed by way of Dangote Refinery.
The entrepreneurs, within the counter affidavit marked: FHC/ABJ/CS/1324/2024, and dated November 5, which is a reaction to an originating summon filed by way of Dangote Refinery, argued that granting the appliance of Dangote Refinery would witchery doom for the rustic’s oil sector.
They emphasized that the plan to monopolise the oil sector is a recipe for extremity within the nation.
Dangote refinery does now not make sufficient petroleum merchandise for the day-to-day intake of Nigerians, they argued.
They famous that the plaintiff had now not positioned the rest ahead of the yard to turn out the opposite.
They maintained that they’re neatly certified and entitled to be issued import licence by way of NMDPRA to import petroleum merchandise in Nigeria throughout the which means of Division 317(9) of the PIA.
Additionally they famous that they’re totally certified for the issuance of the import licences issued to them by way of NMDPRA, as they duly met the entire prison necessities for the issuance of such import licences, ahead of similar had been issued to them.
“The import licences lawfully and validly issued to the defendants didn’t whatsoever in any way, cripple the plaintiff’s industry or its refinery.
“The import licences issued to the defendants are in line with the provisions of Petroleum Industry Act, 2021, the Federal Competition and Consumer Protection Act, 2018 and other relevant laws,” the entrepreneurs contended.
Alternatively, in its objection, the NNPCL maintained that the go well with was once untimely, even because it challenged the jurisdiction of the yard to entertain it.
Within the extra, the NNPCL instructed the yard to accident out its title from the go well with, insisting that the plaintiff was once bereft of the locus standi (prison proper) to hunt such comforts towards it.
“The plaintiff’s suit is premature. The plaintiff’s suit discloses no cause of action. The second defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL argued.
Extra so, the NNPCL contended that Dangote Refinery sued a non-existing birthday celebration.
It famous that the yard processes confirmed that NNPC, an entity this is lately non-existent, was once indexed as a defendant within the subject.
“This 2d defendant on this go well with as constantly clear at the face of the plaintiff’s originating summons, the affidavit in assistance, and the written deal with, is Nigeria Nationwide Petroleum Company Restricted, NNPC.
“A simple search on the CAC website shows that there is no entity called Nigeria National Petroleum Corporation Limited, NNPC,” it added.
It argued that the NNPCL, which filed the objection, and the NNPC aren’t the similar, contending that the entity that was once indexed as a defendant within the subject is a non-juristic individual.
The subject had in the past being adjourned to January 20, 2025, by way of Justice Inyang Ekwo, for listening to and to allow the events to discover an out-of-court agreement of the dispute, even because the plaintiff expressed its readiness to pull out the go well with.