The Dangote Petroleum Refinery and Petrochemicals FZE has sought to amend its suit against the Nigerian National Petroleum Company Limited (NNPCL) and others.
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The plea to amend the suit followed an application by the NNPCL before Justice Inyang Ekwo of the Abuja Division of the Federal High Court, urging the court to strike out the case for being incompetent.
Dangote Refinery had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and Nigeria National Petroleum Corporation Limited (NNPCL) as the first and second defendants.
Also listed as the third to seventh defendants in the originating summons, marked FHC/ABJ/CS/1324/2024 and dated September 6, are AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
The oil company, through its lawyer, Ogwu Onoja (SAN), prayed the court to nullify import licences issued by NMDPRA to the NNPCL and the five other companies for the purpose of importing refined petroleum products.
The company (plaintiff) also prayed the court to declare that NMDPRA violated sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing licences for the importation of petroleum products. It stated that such licences should only be issued when a petroleum product shortfall occurs.
It equally sought N100 billion in damages against NMDPRA for allegedly continuing to issue import licences to NNPCL and the five companies for importing petroleum products.
However, the NNPCL (second defendant), in its preliminary objection dated and filed November 15, urged the court to strike out the suit. It argued that the Nigeria National Petroleum Corporation Limited (NNPC), sued by the refinery, was a non-existent entity.
The company, through its lawyer, Kehinde Ogunwumiju (SAN), said the Nigerian National Petroleum Company Limited (NNPCL), being its registered name with the Corporate Affairs Commission, is not one and the same as the second defendant sued by the plaintiff.
The NNPCL, therefore, said the second defendant, as sued by the refinery in the instant suit, is not a competent party or a juristic person, urging the court to strike out its name or the suit in its entirety.
Meanwhile, the Dangote Refinery, in a motion on notice dated November 25 but filed November 28 by Mr Onoja, sought an order granting leave to the company to amend its originating summons in accordance with the court rules.
The refinery, in a copy of the motion, said this would allow it to correct the name of the second defendant to read “Nigerian National Petroleum Company Limited” instead of “Nigeria National Petroleum Corporation Limited (NNPC)” earlier listed.
In the affidavit in support of the motion deposed to by Vincent Sani, a litigation clerk in the law firm of Mr Onoja, he said he was informed by one of their lawyers, Innocent Adoo, on November 25 that after the filing of the originating processes in the suit, he observed that the second defendant’s name was erroneously spelt, hence the need for the amendment.
Mr Sani averred that the said amendment had become necessary for the court’s record to bear the proper description of the second defendant (NNPCL) as a party in the suit.
The litigation clerk said the NNPCL was yet to be served with the said originating processes sought to be amended.
According to him, the proposed amended originating summons, affidavit in support and written address are hereby exhibited and marked as “Exhibit A.”
Mr Sani averred that the defendants/respondents would not be prejudiced if the application was granted and that justice would be better served if their plea was considered.
The proposed originating summons, filed on November 28 and dated September 6, seeks the same relief as the earlier one filed by the refinery.
Three oil marketers had also prayed the court to dismiss the suit. In a joint counter-affidavit marked FHC/ABJ/CS/1324/2024 filed on November 5 in response to Dangote Refinery’s originating summons, the marketers told Justice Ekwo that granting that application would spell doom for the country’s oil sector.
According to them, the plan to monopolise the oil sector is a recipe for disaster in the country.
In their response, the three marketers, AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited, said the plaintiff did not produce adequate petroleum products for the daily consumption of Nigerians.
Besides, they argued that there was nothing placed before the court to prove the contrary.
Mr Ekwo had fixed January 20, 2025, for the report of settlement or service.
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