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.
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“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.
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In a related development, three oil marketers also sought the dismissal of the suit.
These marketers, in a joint counter-affidavit filed on November 5 (marked: FHC/ABJ/CS/1324/2024) in response to Dangote Refinery’s originating summons, warned Justice Ekwo that granting the application could have disastrous consequences for Nigeria’s oil sector.
The marketers—AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited—contended that any attempt to monopolize the oil sector would lead to serious harm for the country.
They argued that Dangote Refinery was not producing sufficient petroleum products to meet the daily consumption needs of Nigerians, and that no evidence had been presented to challenge this claim.
Dangote Refinery had filed a suit against the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and the Nigerian National Petroleum Corporation Limited (NNPCL) as the 1st and 2nd defendants.
The suit also listed AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as the 3rd to 7th defendants.
The refinery sought a court ruling to nullify the import licenses issued by NMDPRA to NNPCL and the five other companies for importing refined petroleum products.
Additionally, Dangote Refinery requested the court to declare that NMDPRA had violated Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing import licenses, which should only be granted in cases of petroleum product shortages.
The company also claimed that NMDPRA was neglecting its statutory duties under the PIA by failing to promote local refineries like Dangote Refinery.
Furthermore, it sought N100 billion in damages, accusing NMDPRA of continuing to issue import licenses to NNPCL and the other companies for importing Automotive Gas Oil (AGO) and Jet-A1 (aviation turbine fuel) into Nigeria, despite the Dangote Refinery’s production exceeding the country’s current daily consumption of these products.
Justice Ekwo has scheduled January 20, 2025, for a report on settlement or service.
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