The Federal Competition and Consumer Protection Commission (FCCPC) has asked the Federal High Court in Abuja for permission to join the N100 billion lawsuit filed by Dangote Petroleum Refinery against the Nigerian National Petroleum Company Limited (NNPCL) and oil marketers over the importation of refined petroleum products.
However, Dangote Refinery strongly opposed the request, arguing that FCCPC has no legal standing in a case governed by the Petroleum Industry Act (PIA). The refinery labeled the commission a “meddlesome interloper” with no role in the matter.
FCCPC insists it should be added as a defendant in the case, stating that Dangote Refinery’s lawsuit contradicts its mandate to promote a free-market economy. Representing FCCPC, lawyer Olanrewaju Oshinaike told Justice Inyang Ekwo that the lawsuit raises concerns about anti-competition and monopoly in the petroleum sector.
He stressed that any ruling on the case would directly impact the commission’s regulatory responsibilities.
“There are strong grounds to believe that the plaintiff (Dangote Refinery) is attempting to create a monopoly in the production and distribution of petroleum products through judicial intervention,” Oshinaike argued.
FCCPC maintains that its regulatory framework opposes monopolistic control over any sector, including oil and gas, and aims to push for the complete dismissal of Dangote Refinery’s suit if included in the case. Supporting FCCPC’s stance, AYM Shafa Limited, A.A. Rano Limited, and Matrix Petroleum Services Limited submitted counter-affidavits, urging the court to dismiss the lawsuit. They argued that:
Dangote Refinery’s production capacity does not yet meet national fuel demand, making imports necessary. Restricting fuel imports would create a monopoly, which goes against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) mandate.
Import licenses were lawfully issued in accordance with the PIA, FCCPC Act, and other relevant laws. Meanwhile, NNPCL filed a preliminary objection, calling for the lawsuit’s dismissal. NNPCL’s lawyer, Abimbola Ademola (SAN), argued that the suit should be struck out due to lack of jurisdiction and the non-existence of the entity sued.
In response, Dangote Refinery’s legal team opposed NNPCL’s objection, urging the court to reject it. After hearing arguments from all parties, Justice Inyang Ekwo adjourned the case to March 18, 2025, when the court will rule on both the NNPCL’s preliminary objection and FCCPC’s request to join the lawsuit.
