The Federal Competition and Consumer Protection Commission (FCCPC) has filed an appeal urging the Court of Appeal in Abuja to overturn a Federal High Court decision that denied its request to be joined as a defendant in the lawsuit challenging Dangote Petroleum Refinery and Petrochemicals FZE’s N100 billion import license case.
The appeal, filed by FCCPC’s lawyer, Olanrewaju A. Osinaike Esq., on March 18, 2025, contests the ruling of Justice Inyang Ekwo, who dismissed the Commission’s application to be included in the case. The lawsuit, marked FHC/ABJ/CS/1324/2024, seeks to nullify import licenses issued to several Nigerian oil companies by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
The affected companies include the Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, A.A. Rano Limited, and four others.
Legal Dispute and High Court Ruling
The FCCPC had argued before the Federal High Court that it should be joined as a necessary party in the case because the outcome of the suit would directly impact its mandate to promote fair competition and protect consumer interests. The Commission contended that preventing the disputed oil companies from operating their import licenses could create anti-competitive conditions or even a monopoly in favor of Dangote Refinery.
In its submission, the FCCPC emphasized that Nigeria operates a free-market economy, which allows individuals and entities to participate in various sectors without undue restrictions.
However, Dangote Refinery countered these arguments, stating that the lawsuit was not aimed at creating a monopoly but rather at revamping local refining of petroleum products in Nigeria. The refinery’s legal team argued that the Petroleum Industry Act (PIA) does not grant the FCCPC the authority to issue licenses or impose levies on it.
Dangote Refinery’s lawyer, Ibrahim, described the FCCPC as a “meddlesome interloper” with no legal standing in a case centered on the PIA.
In his ruling on Monday, Justice Ekwo sided with Dangote Refinery, stating that he could not find any relevance of the FCCPC in a case focused on the interpretation and application of the PIA.
FCCPC’s Appeal
In its appeal, the FCCPC is seeking to overturn Justice Ekwo’s decision, arguing that its exclusion from the case could undermine its statutory role in ensuring fair competition and protecting consumer rights. The Commission maintains that its involvement is crucial to prevent potential monopolistic practices and to uphold the principles of a free-market economy.
The outcome of this legal battle could have significant implications for Nigeria’s oil and gas sector, particularly in terms of competition, market dynamics, and the regulatory framework governing the industry.