NNPC asks court to dismiss Dangote refinery’s suit seeking withdrawal of its import licence

The NNPC said the Dangote refinery lacked locus standi to
institute the suit.

“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,” NNPC said.

‘NON-EXISTENT ENTITY’

Isiaka Popoola, a clerk in the Afe Babalola & Co law
firm and counsel to the NNPC, said in the affidavit supporting the application,
one of their lawyers, Esther Longe, who perused Dangote’s originating summons,
affidavit, and written address, told him that the NNPC sued by the refinery was
a “non-existent entity”.

Popoola argued that the court lacked jurisdiction over the
second defendant sued 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),” he
said.

“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.

“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.”

The lawyer said the NNPC, as sued by the refinery in the
suit, is not a competent party or a juristic person.

Popoola, who argued that the suit is incompetent and ought
to be dismissed, prayed the court to grant the application in the interest of
justice.

Three oil marketers had prayed a federal high court in Abuja
to dismiss the suit filed by Dangote refinery, seeking withdrawal of the
traders’ licences.

The marketers were AYM Shafa Limited, A. A. Rano Limited,
and Matrix Petroleum Services Limited.

The Dangote refinery had asked a federal high court in Abuja
to void import licences issued to the Nigeria NNPC Limited, Matrix Petroleum
Services Limited, A. A. Rano Limited, and four other companies.

The company had prayed the court to declare that the Nigeria
Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) was in
violation of Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by
issuing licences for petroleum products importation.

Later on October 21, the Dangote refinery said it plans to
withdraw the lawsuit (which has been in court since June) in January 2025.