NNPCL Challenges Dangote’s Lawsuit, Claims It Sued a Non-Existent Entity

The Nigeria National Petroleum Corporation Limited (NNPCL) has filed a formal objection to the lawsuit brought by Dangote Petroleum Refinery and Petrochemicals FZE, which seeks exclusive rights to supply petroleum products within Nigeria.

In its court submission, represented by lead counsel Kehinde Ogunwumiju, SAN, the NNPCL labeled the legal action as flawed, arguing that Dangote Refinery’s attempt to challenge its importation license is entirely without merit. The suit, filed under the case number FHC/ABJ/CS/1324/2024, targets the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), NNPCL, and several prominent oil marketers, including AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited.

At the heart of the plaintiff’s claim is an accusation that NMDPRA violated sections of the Petroleum Industry Act by granting importation licenses to the defendants. Dangote Refinery contends that these licenses were issued despite local production of fuels like AGO and Jet-A1, which already exceed Nigeria’s daily consumption needs. The plaintiff is demanding N100 billion in damages, accusing NMDPRA of perpetuating this practice and seeking court orders to halt further import licenses to the defendants.

Dangote also seeks injunctions to prevent NMDPRA from renewing or issuing import licenses to other companies and to seal all storage facilities used for imported petroleum products. Additionally, the refinery wants the court to cancel the 0.5% levy imposed on petroleum off-takers and wholesalers.

In its defense, the NNPCL argues that the suit is premature and the court lacks jurisdiction over the case. The corporation also claims that Dangote Refinery has no legal standing to pursue such claims against it, urging the court to strike its name from the proceedings entirely.

The NNPCL further highlighted that Dangote had sued an entity that no longer exists, pointing out that the Nigeria National Petroleum Corporation (NNPC), as referenced in the lawsuit, is not a valid legal entity. A search on the Corporate Affairs Commission’s website reveals that no such entity as “Nigeria National Petroleum Corporation Limited” is registered. NNPCL, the defendant currently challenging the suit, asserts that it is a distinct legal body from the NNPC and should not be included in the suit.

Meanwhile, other major oil marketers named in the suit—AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited—have similarly called for the case to be dismissed, accusing Dangote Refinery of attempting to monopolize Nigeria’s energy sector.

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