Import Licence: Dangote Refinery’s Suit Incompetent, NNPCL Tells Court
The Nigeria Public Oil Enterprise Restricted has answered the suit recorded by Dangote Petrol Treatment facility and Petrochemicals FZE to acquire the sole right to supply oil based commodities in the country.
The NNPCL, in its primer protest documented through its group of legal advisors drove by Mr Kehinde Ogunwumiju (SAN), portrayed Dangote Treatment facility’s suit founded to nullify its permit to bring refined oil based goods into the country as awkward.
In its suit, Dangote Processing plant, in addition to other things, scrutinized the respectability of permitting the NNPCL and other key oil advertisers to bring refined oil based goods into the nation when it has not kept any shortage in its own tasks.
Refered to as litigants in the suit checked: FHC/ABJ/CS/1324/2024, were; the Nigeria Halfway and Downstream Oil Administrative Power (NMDPRA), the NNPCL and some significant oil advertisers that included AYM Shafa Restricted, A. A. Rano Restricted and Grid Oil Administrations Restricted.
As per the offended party (Dangote processing plant), the NMDPRA acted in break of Segments 317 (8 ) and (9) of the Oil Business Act, PIA, by giving licenses for the importation of oil based goods to the litigants.
It let the court know that the licenses were given to the litigants, “notwithstanding the creation of Back and Stream A1 that surpasses the ongoing day to day utilization of oil based goods in Nigeria by the Dangote Processing plant.”
The offended party, in this manner, implored the court to grant N100 billion in penalties against the NMDPRA for purportedly proceeding to give import licenses to NNPCL and different litigants for the import of oil based commodities, for example, Car Gas Oil and Fly Fuel (flight turbine fuel) into Nigeria.
In particular, Dangote Processing plant, in addition to other things, applied for a request for directive, controlling the principal respondent (NMDPRA) from additional giving as well as restoring import licenses to the second to seventh litigants or different organizations to import oil based goods.
It further looked for a request for court guiding the primary litigant to close all tank ranches, storerooms, stockrooms, and stations involved by the respondents for the capacity of all refined oil based goods brought into Nigeria.
It said, “A request for obligatory order guiding the main litigant to pull out quickly all import licenses gave to the second seventh respondents and different organizations other than the offended party and other neighborhood treatment facilities to bring refined oil based goods into Nigeria.
“A request for order limiting the first litigant from forcing and requesting a 0.5% toll implied for off-takers of oil based goods straightforwardly and an extra 0.5% discount demand for MDGIF or some other duty or total against the offended party.”
In the mean time, three oil advertisers in the suit, AYM Shafa Restricted, A. A. Rano Restricted and Framework Petrol Administrations Restricted, in a joint counter sworn statement asked the Government High Court in Abuja to excuse the suit recorded by Dangote Treatment facility.
The advertisers, in the counter sworn statement checked: FHC/ABJ/CS/1324/2024, and dated November 5, which is a reaction to a starting gather recorded by Dangote Processing plant, contended that giving the use of Dangote Treatment facility would mean catastrophe for the nation’s oil area.
They underlined that the arrangement to consume the oil area is a catastrophe waiting to happen in the country.
Dangote processing plant doesn’t create satisfactory oil based goods for the everyday utilization of Nigerians, they contended.
They noticed that the offended party had not put anything under the watchful eye of the court to demonstrate the opposite.
They kept up with that they are capable and qualified for be given import permit by NMDPRA to import oil based commodities in Nigeria inside the significance of Segment 317 (9) of the PIA.
They additionally noticed that they are completely equipped for the issuance of the import licenses gave to them by NMDPRA, as they appropriately met every one of the lawful necessities for the issuance of such import licenses, before same were given to them.
“The import licenses legitimately and truly gave to the respondents didn’t in any capacity at all, cripple the offended party’s business or its processing plant.
“The import licenses gave to the respondents are in accordance with the arrangements of Petrol Industry Act, 2021, the Government Rivalry and Shopper Assurance Act, 2018 and other pertinent regulations,” the advertisers battled.
In any case, in its protest, the NNPCL kept up with that the suit was untimely, even as it moved the ward of the court to engage it.
In the other option, the NNPCL encouraged the court to strike out its name from the suit, demanding that the offended party was dispossessed of the locus standi (legitimate right) to look for such reliefs against it.
“The offended party’s suit is untimely. The offended party’s suit uncovers no reason for activity. The subsequent litigant is certainly not a capable party. The offended party’s suit is awkward. This good court misses the mark on purview to hear this suit,” the NNPCL contended.
All the more thus, the NNPCL fought that Dangote Treatment facility sued a non-existing party.
It noticed that the court processes showed that NNPC, a substance that is as of now non-existent, was recorded as a litigant regarding this situation.
“This subsequent litigant in this suit as reliably seen on the essence of the offended party’s beginning summons, the sworn statement in help, and the composed location, is Nigeria Public Petrol Company Restricted, NNPC.
“A straightforward pursuit on the CAC site shows that there is no substance called Nigeria Public Oil Organization Restricted, NNPC,” it added.
It contended that the NNPCL, which recorded the protest, and the NNPC are not the very, fighting that the element that was recorded as a respondent regarding this situation is a non-juristic individual.
The matter had beforehand being concluded to January 20, 2025, by Equity Inyang Ekwo, for hearing and to empower the gatherings to investigate an out-of-court settlement of the debate, even as the offended party communicated its status to pull out the suit.
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