…Directs NMDPRA To Issue Import Licences To Matrix, AA Rano, AYM Shafa
Justice Inyang Ekwo of the Federal High Court, Abuja, has ordered the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to continue granting petroleum products import licences to three major oil marketers — Matrix Energy, AA Rano and AYM Shafa.
Delivering judgment, Justice Ekwo held that the NMDPRA’s refusal to issue and renew import licences to the marketers was in direct non-compliance with the Petroleum Industry Act (PIA).
He said the authority acted beyond the provisions of the law, adding that the consequence of such non-compliance renders any action on import licences null and void.
The judge held that the plaintiffs had successfully established their case on its merits.
He declared that Sections 31(a), (d), (l), 32(l), (s), (c), (u), (aa), (ii), (jj) and Section 211 of the PIA, 2021, read together with Section 72 of the Federal Competition and Consumer Protection Act (FCCPA), mandate the NMDPRA to promote a competitive market for midstream and downstream operations and to prevent abuse of dominant positions and restrictive business practices.
The court further declared that the plaintiffs, upon fulfilling all statutory conditions for import licences, are entitled to issuance, renewal or extension of such licences by the NMDPRA.
Justice Ekwo specifically ordered the Authority to continue to grant, issue, extend, renew or reissue all licences, permits and authorisations for midstream and downstream operations, particularly relating to importation of petroleum products, to the plaintiffs once all regulatory preconditions are met.
Counsel to the marketers, Ahmed Raji, SAN, and Chris Ekemezie, had sought a declaration that the PIA does not ban importation of petroleum products into Nigeria and does not preclude the NMDPRA from granting or renewing import licences to eligible importers.
