The Federal Competition and Consumer Protection Commission has urged the Federal High Court in Abuja to allow it to join the N100bn lawsuit filed by Dangote
Petroleum Refinery seeking to stop the Nigeria National Petroleum Company Limited and oil marketers from importing refined petroleum products into the country.
But Dangote Refinery opposed the FCCPC’s application to join the suit, describing the commission as a meddlesome interloper that has no business in a case revolving around the Petroleum Industry Act, an Act of the National Assembly.
The FCCPC said it needed to be allowed to join the suit as a defendant in order to oppose Dangote Refinery’s suit.
The commission had argued that the aim of Dangote Refinery to monopolize the petroleum industry was contrary to FCCPC’s mandate to ensure a free market.
The commission’s lawyer, Olanrewaju Oshinaike had appeared before Justice Inyang Ekwo Wednesday to push for its joinder in the suit.
In the motion he filed before the court, Oshinaike argued that the FCCPC needed to be joined in the suit because any judgment entered by the court would affect the commission’s mandate.
The lawyer noted that the main thrust of the litigation filed by Dangote Refinery borders on “anti-competition and monopoly in the petroleum industry.”
The commission noted that Nigeria operates a free-market economy that allows individuals and entities to participate in various sectors without hindrance.
FCCPC also said its Act, which established the commission, obligates it to eliminate anti-competitive agreements and practices that may restrict other participants from engaging in the petroleum product distribution value chain.
Oshinaike stressed that one of the FCCPC’s functions is to eliminate “anti-competitive agreements, and misleading, unfair, deceptive, or unconscionable marketing, trading, and business practices.”
“There are grounds from the plaintiff’s case for believing that the plaintiff (Dangote Refinery) is attempting to create a monopoly situation in relation to the production and distribution of petroleum products in Nigeria through the machinery of the court.
“The extant spirit and provisions of the FCCPC Act do not permit monopoly behemoth activities in product manufacturing and distribution, including oil and gas,” the lawyer said.
The commission noted that if allowed to join as a party, it would pray for the outright dismissal of the suit in its entirety.
But Dangote Refinery opposed the FCCPC’s application to join the suit.
The $20bn Lekki-based plant described the commission as a “meddlesome interloper” that has no business in a case revolving around PIA.
Meanwhile, at the Wednesday proceedings, Justice Ekwo fixed March 18 to rule on the preliminary objection filed by the NNPCL, seeking the dismissal of the N100bn lawsuit by the Dangote Refinery and Petrochemicals.
It would be recalled that Dangote Refinery, had earlier challenged the issuance of import licence to NNPCL as well as oil marketers by the Nigeria Midstream and Downstream Petroleum Regulatory Authority in its lawsuit marked FHC/ABJ/CS/1324/2024.
Others who were reported to have been listed as defendants in the lawsuit besides the NNPCL and NMDPRA were AYM Shafa Limited; A.A. Rano Limited; T. Time Petroleum Limited; 2015 Petroleum Limited; and Matrix Petroleum Services Limited.
Dangote Refinery, through its counsel, Ogwu Onoja (SAN), had prayed the court to nullify the import licences issued by NMDPRA to NNPCL and the five other companies for importing refined petroleum products.