Emmanuel OchayiThe Federal Competition and Consumer Protection Commission (FCCPC) has appealed a Federal High Court decision that dismissed its request to be part of the legal battle over Dangote Petroleum Refinery and Petrochemicals FZE’s N100 billion import licence case.
FCCPC’s appeal, filed by its lawyer, Olanrewaju A. Osinaike Esq., urges the Court of Appeal in Abuja to overturn the ruling of Justice Inyang Ekwo, who rejected the Commission’s bid to be joined as a defendant in the case. The case, marked FHC/ABJ/CS/1324/2024, challenges import licences issued by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to oil companies, including the Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, and A.A. Rano Limited.
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FCCPC Raises Competition Concerns
The FCCPC argues that the court’s decision could create a monopoly in favour of Dangote Refinery. The Commission insists that Nigeria operates a free-market economy and that blocking certain oil companies from using their licences could disrupt competition.
In response, Dangote Refinery has denied the monopoly claim, arguing that the lawsuit is aimed at improving local refining rather than limiting market access.
Dangote’s legal team further asserts that the Petroleum Industry Act (PIA) does not empower the FCCPC to regulate import licences or impose levies on refineries.
Court Dismisses FCCPC’s Application
On Monday, Justice Ekwo ruled that the FCCPC had no direct role in the case. “I do not find any ground or substance that makes the FCCPC relevant in this case,” Ekwo stated.
The judge dismissed the Commission’s application as “unmeritorious” and scheduled May 6, 2025, for Dangote Refinery to present its amended case.
FCCPC Argues for Fair Hearing
Disagreeing with the ruling, FCCPC’s lawyer, Osinaike, has filed an appeal, naming Dangote Refinery, NNPCL, A.A. Rano, and others as respondents. Osinaike claims that the Federal High Court denied the FCCPC a fair hearing by dismissing its participation in a case that concerns competition laws. “The FCCPC is the statutory body responsible for enforcing competition and consumer protection laws in Nigeria,” Osinaike argued.
He insists that Dangote Refinery’s case directly affects competition in the petroleum sector, making FCCPC a necessary party in the suit.
FCCPC Wants Court to Recognise Its Role
The FCCPC argues that its involvement in the case is necessary to prevent unfair business practices and monopolistic control in the oil sector. Osinaike maintains that the Appeal Court should set aside the High Court’s ruling and allow the FCCPC to be joined as the 8th defendant.
“The joinder of the FCCPC is essential to ensure the outcome of the case is binding and to prevent future parallel litigation,” he stated.
What This Means for the Case
The Appeal Court’s ruling will determine whether they can officially participate in the lawsuit against Dangote Refinery. Until then, the High Court’s decision stands. This case highlights the ongoing legal and regulatory disputes surrounding Nigeria’s petroleum sector and the role of competition laws in ensuring fair market practices.
Emmanuel Ochayi is a journalist. He is a graduate of the University of Lagos, School of first choice and the nations pride. Emmanuel is keen on exploring writing angles in different areas, including Business, climate change, politics, Education, and others.
