Import licence: Dangote Refinery seeks to amend suit against NNPCL, others

The Dangote Petroleum Refinery and Petrochemicals FZE (Dangote Refinery) has applied to a Federal High Court in Abuja for permission to alter a suit it filed against the Nigerian National Petroleum Company Limited (NNPCL) and others.

Dangote Refinery’s application is coming on the heels of an objection the NNPCL raised against the suit’s competence, while praying the court to strike it out.

In its preliminary objection to the suit, the NNPCL is contending, among others, that the Nigeria National Petroleum Corporation Limited (NNPC), which Dangote Refinery listed as the second defendant in the suit, is a non-existent entity.

Represented by Kehinde Ogunwumiju (SAN), the NNPCL averred that the “Nigerian National Petroleum Company Limited” being its registered name with the Corporate Affairs Commission (CAC), is not one and the same with the “Nigeria National Petroleum Corporation,” which the plaintiff sued as the second defendant.

It is also contending that the court lacks jurisdiction over the second defendant, sued as the Nigeria National Petroleum Corporation Limited (NNPC).

The company noted that “a simple search on the CAC’s website shows that there is no entity called ‘Nigeria National Petroleum Corporation Limited (NNPC)’”.

It was in the bid to correct the seeming defect that Dangote Refinery filed its fresh application on November 28 through its lawyer, Ogwu Onoja (SAN), praying for an order for leave to amend its originating summons in accordance with the rules of the court.

Dangote Refinery said the leave it is seeking would enable it to correct the name of the second defendant to read: “Nigerian National Petroleum Company Limited” instead of “Nigeria National Petroleum Corporation Limited (NNPC)” earlier listed.

The refinery company stated in its supporting affidavit that after filing the originating processes in the suit, it was noted that the second defendant’s name was erroneously spelt, hence the need for the amendment.

It added that the amendment became necessary in order for the record of the court to bear the proper description of the second defendant (NNPCL) as a party in the suit.

According to the company, the NNPCL has not been served with the originating processes it is seeking to amend.

Listed as defendants in the suit along with the NNPC are: the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), AYM Shafa Limited, A. A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.