The Federal Competition and Consumer Protection Commission, FCCPC has kicked against a lawsuit instituted by the Dangote Refinery.
FCCPC asked the Federal High Court in Abuja to allow it to join the N100 billion lawsuit filed by Dangote Refinery, which sought to restrict the Nigerian National Petroleum Company Limited, NNPCL, and petroleum marketers from importing petroleum products into Nigeria.
The commission’s lawyer, Olanrewaju Oshinaike, made this known when he appeared before Justice Inyang Ekwo on Wednesday to push for its joinder in the suit.
The lawyer noted that the main thrust of Dangote Refinery’s suit borders on “anti-competition and monopoly in the petroleum industry,” which is against the FCCPC Act that permits a free market economy.
The commission stressed 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.
“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 if allowed to join as a party, it would pray for the outright dismissal of the suit in its entirety.
However, Dangote Refinery opposed the joinder application suit by the FCCPC.
Meanwhile, at the Wednesday proceedings, Justice Ekwo fixed March 18 to rule on the preliminary objection filed by NNPCL, seeking the dismissal of the N100 billion lawsuit by the Dangote Refinery and Petrochemicals.
Recall that Dangote Refinery, through its counsel, Ogwu Onoja, SAN, filed a suit marked FHC/ABJ/CS/1324/2024, challenging the issuance of a licence for the importation of refined petroleum products to the NNPC and oil marketers by the Nigeria Midstream and Downstream Petroleum Regulatory Authority.
Apart from the NNPCL and the NMDPRA, others listed as defendants in the suit are AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited.
