The Dangote Petroleum Refinery and Petrochemicals FZE has approached the Federal High Court in Abuja to amend its suit against the Nigerian National Petroleum Company Limited and others to read the actual name of the entity.
Recall that the Dangote Refinery, in an originating summons dated September 6, marked: FHC/ABJ/CS/1324/2024, had sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority, Nigeria National Petroleum Corporation Limited, AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as 1st to 7th defendants respectively.
Dangote Petroleum Refinery, through its lawyer, Ogwu Onoja (SAN), asked the court to nullify the import licences issued by NMDPRA to the NNPCL and other defendants in the suit for the purpose of importing refined petroleum products.
The petroleum refinery also urged the court to declare that NMDPRA was in violation of Sections 317(8) and (9) of the Petroleum Industry Act (PIA) by issuing licenses for the importation of petroleum products.
It stated that such licenses should only be issued in circumstances where there is a petroleum product shortfall and sought a N100bn damages against NMDPRA for allegedly continuing to issue import licences to NNPCL and the five companies for importing petroleum products.
The NNPCL in its preliminary objection dated and filed November 15, urged the court to strike out the plaintiff’s (Dangote Petroleum Refinery) suit.
NNPCL said that the entity sued by the plaintiff, the Nigeria National Petroleum Corporation was non-existent.
NNPCL’s counsel, Kehinde Ogunwumiju, (SAN), said the Nigerian National Petroleum Company Limited, being its registered name with the Corporate Affairs Commission, is not one and the same entity as the 2nd defendant mentioned in the plaintiff’s suit.
The second defendant (NNPCL) also argued that the court lacked jurisdiction over the sued non-existent 2nd defendant NNPC.
“A simple search on the CAC website shows that there is no entity called ‘Nigeria National Petroleum Corporation,” the 2nd defendant stated.
The NNPCL, therefore, said that the 2nd defendant, as sued by the refinery in the instant suit, is not a competent party or a juristic person, and urged the court to strike out its name or the suit in its entirety.
Dangote Refinery, in a motion on notice dated November 25 but filed November 28 and sighted by our correspondent on Monday, sought an order of the court to grant it leave to amend its originating summons in accordance with the rules of the court.
DPR in its application 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” as earlier mentioned in the suit.
In the affidavit in support of the motion deposed to by a litigation clerk in the law firm of Onoja, Vincent Sani, said that he was informed by one of their lawyers, Innocent Adoo, on Nov. 25 that after the filing of the originating processes in the suit, it was observed that the 2nd defendant’s name was erroneously spelt, hence, the need for the amendment.
Sani said the said amendment had become necessary in order for the record of the court to bear the proper description of the 2nd defendant NNPCL, as a party in the suit.
The deponent said that the NNPCL was yet to be served with the said originating processes sought to be amended.
Sani, who said that the defendants/respondents would not be prejudiced if the application is granted, said that justice would be better served if their plea is considered.
Meanwhile, the earlier filed originating summons dated September 6 and the amended claim filed Nov. 28 both seek the same reliefs as the earlier filed by the refinery.
Recall that three oil marketers had prayed the court to dismiss the suit.
The oil marketers, in a joint counter affidavit marked: FHC/ABJ/CS/1324/2024 filed on Nov. 5 in response to Dangote Refinery’s originating summons, told Justice Ekwo that granting the plaintiff’s 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.
The three marketers, AYM Shafa Limited, A. A. Rano Limited, and Matrix Petroleum Services Limited, in their response, said the plaintiff did not produce adequate petroleum products for the daily consumption of Nigerians.
The Court fixed January 20, 2025, for the report of settlement or service.
