NNPCL Asks Court To Strike Out Dangote Refinery’s Suit Concerning Import Licence

The Nigeria National Petroleum Corporation Limited (NNPCL) has urged a Federal High Court in Abuja to dismiss a lawsuit filed by Dangote Petroleum Refinery and Petrochemicals FZE, describing it as “incompetent.”

In a notice of preliminary objection filed by its legal team, led by Kehinde Ogunwumiju, SAN, before Justice Inyang Ekwo, NNPCL contended that the suit was premature.

The application, marked FHC/ABJ/CS/1324/2024, was filed on November 15 and was reviewed on Wednesday.

NNPCL is requesting two orders from the court: one to dismiss the suit for lack of jurisdiction and, alternatively, an order to strike out NNPCL’s name as the second defendant.

The corporation presented six key arguments, asserting that Dangote Refinery lacks the legal standing to bring the lawsuit.

Read Also: NNPCL Reacts To Report Claiming It Stopped Fuel Imports

“The plaintiff’s suit is premature. The plaintiff’s suit discloses no cause of action. The 2nd defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL said.

In the affidavit supporting the application, sworn by Isiaka Popoola, a clerk at Afe Babalola & Co, the law firm representing NNPCL, he stated that one of their lawyers, Esther Longe, who reviewed Dangote’s originating summons, affidavit, and written address, informed him that upon examining the documents, it was evident that the NNPC, as sued by the refinery, was a non-existent entity.

Popoola further asserted that the court lacked jurisdiction over the second defendant, identified as NNPC.

“This 2nd defendant in this suit as consistently seen on the face of the plaintiff’s originating summons, the affidavit in support and the written address as “Nigeria National Petroleum Corporation Limited (NNPC)”

“A simple search on the CAC website shows that there is no entity called “Nigeria National Petroleum Corporation Limited (NNPC).”

“The print out of the said search is hereby attached and marked as Exhibit A,” he said.

Popoola asserts that the second defendant/objector is distinct from the second defendant named in the plaintiff’s lawsuit.

“The registered name of the 2nd defendant/objector is Nigerian National Petroleum Company Limited and this is the only name it can be sued by,” he added.

He said the NNPCL as sued by the refinery in the instant suit, is not a competent party or a juristic person.

Mr. Popoola, who argued that the suit was incompetent and should be dismissed, requested the court to grant their application in the interest of justice.

Read Also: NNPCL Seals 10-Year Gas Supply Deal With Dangote Refinery

Related articles

Low-Income Earners Can Withdraw Total Retirement Savings – PENCOM

The National Pension Commission (PenCom) has announced that low-earning...

Police Arrests Human Rights Lawyer Dele Farotimi

Operatives of the Nigerian Police Force have reportedly arrested...

Supporters Of Simon Ekpa Stage Protest In Finland Calling For His Release From Detention [VIDEOS]

Supporters of Simon Ekpa, the controversial pro-Biafra agitator have...

Pantami Asks National Assembly To Suspend Tax Reform Bills

Former Minister of Communications and Digital Economy, Prof. Isa...

LEAVE A REPLY

Please enter your comment!
Please enter your name here