A Federal High Court sitting in Abuja has ordered the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to routinely issue, extend, or renew petroleum import licenses for three major oil marketing companies Matrix Energy, AA Rano, and AYM Shafa, provided statutory conditions are fulfilled.
Key Legal Rulings
Presiding over the suit, Justice Inyang Ekwo ruled that the regulatory authority's refusal to issue or renew import permits for the trio constituted a direct violation of the Petroleum Industry Act (PIA) 2021. The court declared the regulator’s restrictive actions null and void, asserting that the NMDPRA acted beyond its statutory boundaries.
In delivering the judgment, Justice Ekwo emphasized the following core findings:
Statutory Compliance: Under key provisions of the PIA 2021 alongside Section 72 of the Federal Competition and Consumer Protection Act (FCCPA), the NMDPRA is legally mandated to foster market competition and curb anti-competitive practices, market dominance abuses, or restrictive operational models in the downstream sector.
Importers' Rights: The plaintiffs are legally entitled to receive, extend, or renew their fuel importation permits once all regulatory and statutory prerequisites set by the regulator are satisfied.
Legality of Importation: The legal framework established under the PIA 2021 does not ban or outlaw fuel imports into Nigeria, nor does it bar the regulatory agency from approving import authorization for qualified businesses.
Case Background
The lawsuit was initiated by the three petroleum marketing companies through their legal representatives, Raji Ahmed, SAN, and Chris Ekemezie, Esq. The court determined that the plaintiffs successfully established their claims against the NMDPRA, ruling in favor of the applicants on the merits of the case
0 Comments