Import Licence: Court Strikes Out NNPCL’s Request To Dismiss Dangote’s Suit
The Federal High Court in Abuja has struck out the preliminary objection of the Nigerian National Petroleum Company Limited (NNPCL), challenging the competence of the ₦100 billion import licence suit instituted by Dangote Petroleum Refinery and Petrochemicals.
In a ruling, Justice Inyang Ekwo held that the NNPCL failed to file a counter affidavit against Dangote Refinery’s suit but rather filed a preliminary objection, contrary to relevant laws guiding court proceedings.
The judge added that where the issue of jurisdiction is raised, the court can address it at the time of judgement.
He faulted the NNPCL for flouting Order 16 of the Federal High Court rules by filing an “incompetent preliminary objection” against the refinery.
On Dangote Refinery’s application to amend its suit to properly cite the name of the NNPCL, Justice Ekwo said the refinery’s amendment suit is grantable.
The judge held that NNPCL would not suffer any miscarriage of justice if Dangote Refinery amend its suit, and approved the amendment of the suit.
Dangote Refinery filed the suit against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and five oil companies over the issuance of petroleum product import license. It also sought the court’s permission to alter its suit to include the NNPCL.
The NNPCL had however hrough its counsel, Ademola Abimbola, SAN prayed the court to strike its name out, or the Refinery’s suit in its entirety.
In his response to the preliminary objection, Counsel to the plaintiff, George Ibrahim, SAN said they had filed five paragraphs affidavit and a written address urging the court to dismiss the preliminary objection by NNPCL for been unnecessary.
Ibrahim also prayed the court to allow the plaintiff’s application seeking to amend its suit, which Justice Ekwo granted.
