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 due to the absence of the presiding judge, Justice Chukwujekwu Aneke of the Federal High Court, Lagos.
The court was told that Justice Aneke was not available and it adjourned the matter for hearing until October 7.
The suit, FHC/L/CS/857/2026, also involves the Nigerian National Petroleum Company Limited (NNPC Ltd) and several petroleum marketing firms including NIPCO, AA Rano, Matrix, Shafa, Pinnacle and Bono, which the refinery alleges benefited from the disputed import licences.
Dangote Petroleum Refinery is seeking to invalidate the fuel import licences allegedly issued or renewed in favour of the marketers and NNPC Ltd, contending that the approvals were granted in violation of an earlier court order.
The application, brought under 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 court’s inherent jurisdiction, seeks an order setting aside all import licences issued or renewed on or about May 6, 2026.
The refinery says the licences were granted 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 issue fuel import licences whenever necessary to guarantee national supply.
The national oil company contended that there is no blanket ban on fuel imports, especially where imports are necessary to ensure product availability and market stability.
NNPC also accused Dangote Refinery of trying to monopolise the Nigeria’s downstream petroleum market with the litigation.
The company said the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) acted within its statutory powers when it issued the disputed licences, adding 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 impose a blanket ban on the importation of fuel except in the case of a verified domestic surplus, maintaining that importation is still a legitimate instrument for stabilising supply and prices of fuel.
For its part, Dangote Refinery 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 a proven domestic supply shortfall.
The refinery argued that with its installed refining capacity of about 650,000 barrels per day, Nigeria has adequate domestic refining capacity to meet local demand. It was based on regulatory data it said showed that daily petrol and diesel production now exceeds national consumption.
The refinery was set up “to meet Nigeria’s refined petroleum needs as well as 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, however, disputed those claims, arguing that Dangote had failed to present credible and verifiable evidence showing it could independently guarantee Nigeria’s fuel supply.
The legal dispute has since grown in scope after an application by the NMDPRA to join the proceedings, turning the case into a wider challenge over Nigeria’s fuel import policy and regulation of the downstream petroleum sector.
Dangote also 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 enough crude oil, saying it gets roughly five crude cargoes per month instead of the 13 cargoes it needs to run at full capacity, forcing it to get 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 warned that limiting fuel import licences could expose Nigeria to supply disruptions, price volatility and threats to national energy security.
However, Dangote insisted that continued fuel imports would hurt local refining, discourage investment and frustrate Nigeria’s long-term goal of energy self-sufficiency.
The refinery, in its reliefs, 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, arguing that it would suffer irreparable financial and operational losses if the licences continue to be issued.