Court Fixes Dangote Refinery’s Suit Over Fuel Import Licences For 7 October

The Federal High Court in Lagos will on 7 October hear a suit filed by Dangote Petroleum Refinery challenging the federal government’s alleged issuance of fuel import licences to the Nigerian National Petroleum Company Limited (NNPCL) and several petroleum marketers.

The case, initially scheduled for Monday, could not proceed after the trial judge, Justice Chukwujekwu Aneke, was reported to be indisposed.

Dangote Refinery, in suit No. FHC/L/CS/857/2026 is requesting the court to nullify import licences allegedly issued or renewed around 6 May 2026, in favour of NNPC Ltd and marketers, including NIPCO, AA Rano, Matrix, Shafa, Pinnacle, and Bono.

The plaintiff further argued that the licences were granted in violation of an earlier court order made on 29 April 2026, which directed all parties to maintain the status quo pending the suit’s resolution.

When the case was called on Monday, the court’s registrar informed counsel that Justice Aneke was unavailable, leading to an adjournment to 7 October for the hearing.

In the main suit, Dangote Refinery contends that the ongoing issuance of fuel import licences undermines local refining and breaches Section 317(9) of the Petroleum Industry Act (PIA), which permits imports only when there is a proven shortfall in domestic fuel supply.

The plaintiff also insisted that its installed capacity of about 650,000 barrels per day is sufficient to meet Nigeria’s domestic fuel demand and argued that continued imports discourage investment in local refining and hinder the country’s efforts toward energy self-sufficiency.

Dangote Refinery further accuses the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and NNPC of creating an unfavourable operational environment by issuing import licences despite what it describes as sufficient local refining capacity.

It also claims that NNPC has failed to provide sufficient crude oil, receiving only about 5 cargoes per month instead of the 13 needed to operate at full capacity.

However, in a preliminary objection, NNPC had urged the court to dismiss the suit, arguing that the Petroleum Industry Act and the federal government’s Backwards Integration Policy empower the NMDPRA to issue import licences when necessary to ensure fuel availability and energy security.

The state oil company denied obstructing Dangote Refinery’s operations, asserting that crude allocations are based on operational, commercial, security, and logistical considerations.

NNPC also dismissed claims that fuel imports are unlawful, maintaining that the PIA does not ban imports outright and that imports remain a legitimate means of maintaining product supply and stabilising prices where needed.

The dispute has intensified following the NMDPRA’s application to join the case, turning it into a broader legal dispute over Nigeria’s fuel import policies and downstream petroleum regulation.

Pending a decision on the case, Dangote is seeking an interim injunction to prevent the Attorney-General of the Federation and relevant regulatory bodies from issuing or renewing licences for the importation of Premium Motor Spirit (PMS), Automotive Gas Oil (AGO), and Jet A1.