NNPC Asks Court To Dismiss Dangote Refinery’s Lawsuit Seeking Withdrawal Of Its Import Licence

The Nigerian National Petroleum Company (NNPC) Limited has filed a preliminary objection in response to Dangote Petroleum Refinery’s lawsuit seeking to eliminate its import licence. In a notification filed with the federal high court in Abuja, NNPC sought the court to dismiss the complaint, citing a lack of jurisdiction and the plaintiff’s apparent lack of legal standing.

The complaint, FHC/ABJ/CS/1324/2024, was filed on November 15 before Justice Inyang Ekwo. NNPC, backed by a legal team led by Kehinde Ogunwumiju, claimed that the litigation was premature and did not establish a cause of action. The company also requested that its name be removed from the lawsuit, claiming it had been wrongfully sued as a “non-existent entity.”

Supporting the objection, Isiaka Popoola, a clerk at Afe Babalola & Co., stated that the NNPC mentioned in Dangote’s summons does not exist legally. He claimed that the plaintiff sued a corporation called “Nigeria National Petroleum Corporation Limited,” which, according to a Corporate Affairs Commission (CAC) search, is not a registered company.

Popoola went on to say that the company’s real name is Nigerian National Petroleum Company Limited, and only that name is legally valid for litigation. He argued that the deception renders the litigation incompetent and requested the court to reject it for the sake of justice.

In addition to the NNPC, numerous oil marketers listed in the complaint, including AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited, have also requested the court to dismiss the case. Dangote Refinery’s initial request sought to revoke import licences granted to these and other corporations, saying that the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) breached sections of the Petroleum Industry Act (PIA) in awarding the licence.

Despite the ongoing legal struggle, Dangote Refinery intends to withdraw the complaint, which has been in court since June, by January 2025.

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Nnamdi Okoli