The case, which borders on the legality of oil import licences issued to NNPCL and several private companies, could not proceed on Wednesday due to the absence of the presiding judge, Justice Mohammed Umar, who was sitting at the Enugu Division of the court.
The matter, earlier fixed for hearing, has now been rescheduled, with the court ordering that all parties be served the necessary hearing notices.
The suit—originally filed before Justice Inyang Ekwo but later reassigned—pits Dangote Refinery against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and NNPCL as the first and second defendants, alongside five major oil marketing companies: AYM Shafa, A.A. Rano, T. Time Petroleum, 2015 Petroleum, and Matrix Petroleum Services Limited.
Dangote Refinery is asking the court to nullify import licences granted by NMDPRA to NNPCL and the marketers, arguing that the licences violate Sections 317(8) and (9) of the Petroleum Industry Act (PIA), which only permit such approvals in the event of a shortfall in petroleum supply.
The refinery also seeks ₦100 billion in damages, accusing the regulator of undermining local refining capacity and breaching the intent of the PIA.
Both NNPCL and NMDPRA, however, filed preliminary objections, urging the court to strike out the case on grounds of incompetence. NNPCL argued that the entity sued as “Nigeria National Petroleum Corporation Limited” does not legally exist, while NMDPRA maintained that its actions were lawful and aimed at bridging product shortages.
Meanwhile, a group of marketers joined in the suit warned that granting Dangote’s prayer would create a monopoly in the oil sector and harm Nigeria’s energy market.
The case will now continue on November 5 for substantive hearing.
