The Nigerian National Petroleum Corporation Limited (NNPCL) has urged a Federal High Court in Abuja to dismiss a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE, describing it as “incompetent.”
In a preliminary objection filed by its legal team led by Kehinde Ogunwumiju, SAN, before Justice Inyang Ekwo, NNPCL argued that the suit was premature.
The application, marked: FHC/ABJ/CS/1324/2024, was submitted on Nov. 15, 2024, and was reviewed by the News Agency of Nigeria (NAN) on Wednesday.
NNPCL has requested two orders: one for the court to strike out the suit due to lack of jurisdiction, and another to remove NNPCL as the second defendant.
In its six-point argument, the corporation stated that Dangote Refinery lacked the legal standing to file the suit.
NNPCL further contended that the case disclosed no cause of action, the refinery had no claim against NNPCL, and that the court lacked jurisdiction to hear the case.
An affidavit in support of the application, sworn by Isiaka Popoola, a clerk at Afe Babalola & Co., NNPCL’s counsel, revealed that an examination of the refinery’s court filings showed that the NNPCL entity named in the suit did not exist. Popoola noted that a search on the Corporate Affairs Commission (CAC) website indicated no such entity under the name “Nigeria National Petroleum Corporation Limited (NNPC).” He clarified that the correct name of the defendant should be “Nigerian National Petroleum Company Limited,” and not NNPC as named in the suit.
Popoola argued that the NNPCL, as named in the lawsuit, was not a legal entity and thus could not be a party to the case. He urged the court to dismiss the suit in the interest of justice.
Earlier, three oil marketers—AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited—filed a joint counter-affidavit asking the court to reject the suit, warning that granting the application would harm Nigeria’s oil sector.
They argued that the plan to monopolise oil imports would lead to disaster and that Dangote Refinery had failed to produce enough petroleum products to meet the country’s daily consumption.
Dangote Refinery had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and NNPCL, seeking to annul import licences issued to them and five other companies for importing refined petroleum products.
The refinery also sought a declaration that the issuance of such licences violated the Petroleum Industry Act (PIA), which stipulates that import licences can only be issued when there is a product shortfall.
Additionally, the refinery requested N100 billion in damages, alleging that NMDPRA’s actions had harmed its business despite its ability to meet Nigeria’s daily consumption of key petroleum products.
Justice Ekwo has scheduled a report on settlement or service for Jan. 20, 2025. (NAN)