Court dismisses Dangote Refinery’s ₦100bn suit against NNPCL

The Federal High Court in Abuja has dismissed a ₦100 billion suit filed by Dangote Petroleum Refinery and Petrochemicals FZE against the Nigerian National Petroleum Company Limited (NNPCL) and others over an oil import licence dispute.

Justice Mohammed Umar gave the ruling on Wednesday after Dangote’s counsel, C.O. Adegbe, informed the court of the company’s decision to withdraw the case.

Following the defence lawyers’ request, the judge dismissed the matter instead of striking it out.

Originally filed before Justice Inyang Ekwo, the suit was later reassigned to Justice Umar to begin afresh. Dangote Refinery had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and NNPCL as first and second defendants, along with AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as co-defendants.

The refinery sought the nullification of import licences issued by NMDPRA to NNPCL and the other companies, claiming they violated Sections 317(8) and (9) of the Petroleum Industry Act, which restrict such licences to situations of domestic supply shortfalls. Dangote also demanded ₦100 billion in damages.

During Wednesday’s proceedings, Adegbe informed the court that Dangote had filed a notice of discontinuance dated July 28, seeking to withdraw the case.

Defence lawyers for the NMDPRA and the other defendants did not oppose the withdrawal but urged the court to dismiss the suit entirely.

Justice Umar agreed, ruling that the matter, having reached an advanced stage where parties had joined issues, was fit for dismissal.

“The case on record is that parties have joined issues, and what remains is for parties to adopt their processes. It is at this stage that the plaintiff came for a withdrawal. In fact, the matter is deemed for dismissal and costs.

“But since it is not asked for, the matter is hereby dismissed without cost,” the judge said.