Fagbemi Leads Defence In Dangote Suit Against NNPC, Regulators

THE Office of the Attorney General of the Federation (AGF) is coordinating the defence against the suit filed by Dangote Refinery seeking to stop the issuance and renewal of petroleum import licences in Nigeria by the Nigerian National Petroleum Company Limited (NNPCL), Nigerian Midstream and Downstream Petroleum Regulatory Authority and Nigerian Upstream Petroleum Regulatory Commission.
In the suit, marked FHC/L/CS/857/2026, before the Federal High Court in Lagos, Dangote Refinery is asking an order restraining the Federal Government and relevant agencies from issuing or renewing import licences for Premium Motor Spirit (petrol), Automotive Gas Oil and Jet A1, saying its refining capacity is sufficient to meet Nigeria’s domestic fuel needs.
The refinery also accused government agencies, including the NNPCL, of failing to guarantee adequate crude oil supply to support its operations.
However, documents showed that the Office of the AGF was cordinating defence of the suit, after formally requesting the positions of NNPCL and other affected agencies following the court’s order directing parties to maintain the status quo, pending further proceedings.
NNPCL, in its response to the AGF, opposed the suit, warning that the reliefs being sought by Dangote Refinery could undermine national fuel security, disrupt emergency supply obligations and weaken Nigeria’s strategic fuel distribution framework under the Petroleum Industry Act (PIA).
The court had on April 29 ordered all parties to maintain the status quo.
NNPC argued that Section 317(9) of the PIA can only take effect through a formally activated Backward Integration Policy, under Section 317(8), insisting that no gazette, directive or official policy instrument has been issued to activate such provisions.
The state-owned company maintained that the provisions cited by Dangote Refinery cannot apply to NNPCL because of its existing trading operations and ownership interests in the Port Harcourt, Warri and Kaduna refineries.
NNPC stressed that under Section 64(m) of the PIA, it remains the statutory supplier of last resort, a responsibility requiring continuous import planning, strategic reserves and nationwide distribution readiness to prevent shortages and protect Nigeria’s energy stability.