The Dangote Petroleum Refinery and Petrochemicals FZE (Dangote Refinery) has petitioned the High Court in Abuja, seeking permission to amend its case against the Nigerian National Petroleum Company Limited (NNPCL) and other defendants.
This application follows an objection raised by the NNPCL, challenging the competence of the suit and urging the court to strike it out.
NNPCL’s Preliminary Objection
In its preliminary objection to the suit, marked FHC/ABJ/CS/1324/2024, the NNPCL argues that the “Nigeria National Petroleum Corporation Limited (NNPC),” listed as the second defendant by Dangote Refinery, is a non-existent entity.
Represented by Kehinde Ogunwumiju (SAN), the NNPCL contends that its registered name with the Corporate Affairs Commission (CAC) is “Nigerian National Petroleum Company Limited.” The NNPCL asserts that this registered name is distinct from the “Nigerian National Petroleum Corporation” named in the suit.
The NNPCL further claims that the court lacks jurisdiction over the second defendant as listed in the suit, noting that a simple search of the CAC database confirms the absence of any entity called “Nigeria National Petroleum Corporation Limited (NNPC).”
Dangote Refinery’s Amendment Request
To address this error, Dangote Refinery filed a fresh application on 28 November, through its lawyer Ogwu Onoja (SAN), seeking leave to amend its originating summons in line with court rules.
The refinery requests permission to correct the name of the second defendant to “Nigerian National Petroleum Company Limited” instead of “Nigeria National Petroleum Corporation Limited (NNPC).”
In a supporting affidavit, Dangote Refinery explained that the error in the second defendant’s name was noticed after filing the suit, necessitating the amendment to ensure the court records reflect the correct description of the NNPCL.
The refinery noted that the second defendant has not yet been served with the originating processes to be amended and emphasised that granting the application would not prejudice the defendants but would better serve the interests of justice.
Defendants in the Suit
The defendants listed in the suit include:
- Nigerian National Petroleum Company Limited (NNPCL)
- Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA)
- AYM Shafa Limited
- A. A. Rano Limited
- T. Time Petroleum Limited
- 2015 Petroleum Limited
- Matrix Petroleum Services Limited
Core Issues in the Substantive Suit
Dangote Refinery is asking the court to:
- Nullify the import licences issued by NMDPRA to the NNPCL and the five other companies for importing refined petroleum products.
- Declare that the NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing such licences, which should only be issued in cases of petroleum product shortfalls.
- Award ₦100 billion in damages against the NMDPRA for continuing to issue import licences.
Responses from Other Defendants
AYM Shafa, A. A. Rano Limited, and Matrix Petroleum Services Limited have jointly filed a counter-affidavit, arguing that Dangote Refinery has failed to provide sufficient petroleum products for Nigeria’s daily consumption. They contend that there is no evidence to prove otherwise and have asked the court to dismiss the suit as lacking merit.
Next Hearing
Justice Inyang Ekwo has scheduled the hearing for January 20, next year.
