A Federal High Court in Abuja has dismissed the Nigerian National Petroleum Company Limited’s objection to a ₦100 billion import licence lawsuit filed by Dangote Petroleum Refinery and Petrochemicals.
Justice Inyang Ekwo, in his ruling, said the NNPCL failed to submit a counter-affidavit against Dangote Refinery’s claims and instead filed a preliminary objection, which goes against court procedures.
Justice Ekwo explained that when a court’s jurisdiction is questioned, it can be addressed during the final judgment.
He also criticised the NNPCL for violating Order 16 of the Federal High Court rules by filing what he called an “incompetent preliminary objection.”
The judge further stated that allowing Dangote Refinery to amend its suit would not cause any injustice to NNPCL.
On the refinery’s request to correct its filing and properly cite NNPCL’s name, Justice Ekwo ruled in favour of the amendment and approved the changes.
Justice Ekwo also dismissed the Federal Competition and Consumer Protection Commission’s request to join the lawsuit
The FCCPC, in a motion on notice, sought to be joined as a party in the suit.
In its application for joinder, the FCCPC urged the court to allow it to join the ₦100 billion lawsuit filed by Dangote Petroleum Refinery as a defendant.
The FCCPC argued that it needed to be joined in the suit as the aim of Dangote Refinery to monopolise the petroleum industry was contrary to the FCCPC’s mandate to ensure a free market.
“The main thrust of Dangote Refinery’s suit borders on anti-competition and monopoly in the petroleum industry,” the FCCPC argued.
The commission further claimed that it needed to be joined in the suit because any judgment entered by the court would affect its mandate.
Dangote Refinery, however, opposed the FCCPC’s application to join the suit, describing the commission as a meddlesome interloper that had no business in a case revolving around the Petroleum Industry Act, an Act of the National Assembly.
Dangote Refinery urged the court to reject the FCCPC’s application.
In response, the judge dismissed FCCPC’s request.
He then adjourned the matter to May 6 for further mention.