In an attempt to prevent the Nigeria National Petroleum Company Limited and oil marketers from bringing refined petroleum products into the nation, Dangote Petroleum Refinery filed a lawsuit worth N100 billion.
In a recent development, the Federal Competition and Consumer Protection Commission has pleaded with the Federal High Court in Abuja to permit it to join the case.
However, Dangote Refinery opposes the FCCPC's request to join the lawsuit, calling the commission an intrusive third party with no business in the matter involving the Petroleum Industry Act, a National Assembly Act.
The FCCPC stated that to challenge Dangote Refinery's lawsuit, it must be permitted to join the case as a defendant.
The commission contended that the FCCPC's mandate to maintain a free market ran counter to Dangote Refinery's goal of monopolizing the petroleum sector.
On Wednesday, Olanrewaju Oshinaike, the commission's attorney, went before Justice Inyang Ekwo to advocate for the commission's inclusion in the lawsuit.
Oshinaike contended in the motion he submitted to the court that the FCCPC had to be included in the case as the commission's mission would be impacted by any ruling the court rendered.
Dangote Refinery's focus
The primary focus of Dangote Refinery's lawsuit, according to the attorney, is anti-competition and monopoly in the petroleum sector.
According to the commission, Nigeria has a free-market economy that permits people and organisations to engage in a variety of industries without facing any obstacles.
Additionally, the FCCPC stated that it is required under its Act, which created the commission, to get rid of anti-competitive contracts and practices that can prevent other players from participating in the value chain for the distribution of petroleum products.
Eliminating anti-competitive agreements and unfair, dishonest, or unethical marketing, trading, and commercial practices is one of the FCCPC's responsibilities, Oshinaike emphasised.
“There are grounds from the plaintiff’s case for believing that the plaintiff (Dangote Refinery) is attempting to create a monopoly situation in relation to the production and distribution of petroleum products in Nigeria through the machinery of the court.
“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.
Meanwhile, at the Wednesday proceedings, Justice Ekwo fixed March 18 to rule on the preliminary objection filed by the NNPCL, seeking the dismissal of the N100 billion lawsuit by the Dangote Refinery and Petrochemicals.