The case filed by Dangote Petroleum Refinery against the Federal Government over the alleged issuance of fuel import licences to some petroleum marketers was on Monday stalled following the absence of the presiding judge, Justice Chukwujekwu Aneke of the Federal High Court, Lagos.
Justice Aneke was not available, the court was told and it adjourned the matter for hearing till October 7.
The suit, FHC/L/CS/857/2026, also includes the Nigerian National Petroleum Company Limited (NNPC Ltd) and several petroleum marketing companies including NIPCO, AA Rano, Matrix, Shafa, Pinnacle and Bono, which the refinery claims benefited from the disputed import licences.
The Dangote Petroleum Refinery is seeking to nullify the fuel import licences allegedly issued or renewed in favour of the marketers and NNPC Ltd, contending that the approvals were given in breach of an earlier court order.
The application, which was brought pursuant to Sections 6, 36(1) and 287 of the 1999 Constitution (as amended), Order 26 Rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2019 and the inherent jurisdiction of the court, is for an order setting aside all import licences issued or renewed on or about May 6, 2026.
The refinery says the licences were issued despite the court’s April 29, 2026 order for all parties to maintain the status quo that existed on April 2, 2026.
But in its defence, NNPC urged the court to dismiss the suit, arguing that the Petroleum Industry Act (PIA), and the Backward Integration Policy of the Federal Government, empowered the relevant regulatory authorities to grant fuel import licence whenever necessary to guarantee national supply.
The national oil company said there was no blanket ban on fuel imports, particularly where imports were necessary to ensure product availability and market stability.
NNPC further accused Dangote Refinery of attempting to monopolise the Nigeria’s downstream petroleum market with the litigation.
The company argued that the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) acted within its statutory powers when it issued the disputed licences, noting that the law allows for such approvals for companies with local refining capacity or a proven track record in petroleum trading.
It also argued that the Petroleum Industry Act does not outlaw the importation of fuel in general except in the case of a verified domestic surplus, saying importation is still a legitimate tool for stabilising supply and prices of fuel.
Dangote Refinery, for its part, argued that the continued issuance and renewal of import licences undermine local refining and violate Section 317(9) of the Petroleum Industry Act, which it interprets as restricting imports to situations where there is proven domestic supply shortfall.
The refinery said Nigeria has a sufficient domestic refining capacity to meet local demand with its installed capacity of roughly 650,000 barrels per day. It was based on regulatory data it said showed daily petrol and diesel production now exceeds national consumption.
The refinery was established “to meet Nigeria’s refined petroleum needs and create export surpluses,” it added. The project is a strategic national investment that will create a multi-billion dollar market for Nigerian crude oil, it said.
NNPC, though, denied the claims, saying Dangote had not provided credible and verifiable evidence of its ability to independently guarantee Nigeria’s fuel supply.
The legal tussle has since widened after an application by the NMDPRA to join the matter, and has become a broader challenge over Nigeria’s fuel import policy and regulation of the downstream petroleum sector.
Dangote further alleged that the NMDPRA, the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and the NNPC had created a hostile operating environment by continuing to issue import licences despite what it described as the absence of any domestic fuel supply shortfall.
The refinery also accused NNPC of not supplying it with adequate crude oil, saying it receives about five crude cargoes per month instead of 13 cargoes to operate at full capacity, forcing it to source crude from the international market at higher prices.
The NNPC denied the allegation, saying that crude oil allocation was based on operational, commercial, security and logistical considerations, and not an attempt to frustrate the operations of the Dangote Refinery.
The company cautioned that capping fuel import licences could put Nigeria at risk of supply disruptions, price volatility and threats to national energy security.
However, Dangote said continued fuel imports would hurt local refining, discourage investment and frustrate Nigeria’s long-term goal of energy self-sufficiency.
In its reliefs, the refinery is seeking an interim injunction restraining the Attorney-General of the Federation and the relevant regulatory agencies from issuing or renewing import licences for Premium Motor Spirit (PMS), Automotive Gas Oil (AGO) and Jet A1 pending the determination of the suit. It is arguing that it would suffer irreparable financial and operational losses if the licences continue to be issued.
