The Federal Competitors and Shopper Safety Fee (FCCPC) has deserted and withdrawn its attraction on the Courtroom of Appeal in Abuja after insisting on difficult Dangote Petroleum Refinery and Petrochemicals FZE’s N100 billion import license case.
The attraction was withdrawn on August 26, 2025, Nairametrics studies after solely reviewing the Fee’s discover of withdrawal filed towards the Refinery and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), Nigerian Nationwide Petroleum Firm Restricted (NNPCL), Matrix Petroleum Companies Restricted, A.A. Rano Restricted, and 4 different main oil sellers.
The discover of withdrawal of attraction, by FCCPC’s lawyer, Olanrewaju A. Osinaike Esq., and solely seen by Nairametrics, was made by the Fee citing Dangote Refinery’s discontinuance of its import license go well with on the Federal Excessive Courtroom.
Courtroom Developments and Ruling
The discover is claimed to be “BROUGHT PURSUANT TO ORDER 11, RULE 1 OF THE COURT OF APPEAL RULES, 2021 AND UNDER THE INHERENT POWERS & JURISDICTION OF THIS HONOURABLE COURT.”
Osinaike argued that for the reason that basis of the subject material of the Fee’s attraction has been discontinued, it won’t be enthusiastic about continuing additional.
“We’re Counsel to the Appellant (FCCPC) in APPEAL NO: CA/ABJ/CV/880/2025 and having appealed the choice of the Federal Excessive Courtroom, Abuja Judicial in SUIT NO: FHC/ABJ/CS/1324/2024, by submitting a Discover of Appeal on twenty third Might, 2025, pursuant to the go away of this Honourable Courtroom on twenty first Might, 2025.
“The first Respondent (Dangote Refinery) having withdrawn SUIT NO: FHC/ABJ/CS/1324/2024, the substratum (basis) of this current attraction, we on behalf of the Appellant (FCCPC) hereby GIVE NOTICE that the Appellant doesn’t intend to additional prosecute the attraction, and hereby abandon all additional proceedings in regard thereto from the date hereof,” the discover partly reads.
- On the resumed proceedings on August 26, 2025, Nairametrics gathered that authorized representatives of the events within the go well with had been current.
- Osinaike Esq knowledgeable the Appeal Courtroom panel of its software to withdraw the attraction.
- The respondents weren’t against the reasoning of the FCCPC authorized staff.
- After listening to from the events’ authorized representatives, the Appeal Courtroom dismissed the FCCPC case.
What This Means
In an unique interview with Nairametrics, Barrister Oladipupo Ige mentioned that, in response to competitors regulation, if Dangote Refinery had succeeded in its import license case, it could have restricted entry and competitors within the oil and gasoline sector, thereby giving the refinery a considerable market share, which in flip could hinder free competitors.
“This could imply the refinery would be capable to dictate costs and have interaction in different restrictive practices,” he added.
He burdened that the truth that Dangote Refinery has withdrawn its case and the FCCPC has filed a discover to discontinue its attraction implies that “free market wins.”
He defined that it’s naturally the job of the FCCPC to control market actions, however “if the specter of monopoly on this occasion has been resolved,” it is just logical that the matter ought to be withdrawn.
“The FCCPC has performed effectively. They’ve performed their job,” he mentioned.
He maintained that the moment authorized growth is a win for competitors in Nigeria.
He burdened that competitors is vital for a vibrant economic system, including that whereas reaching good competitors may be unrealistic, a good market ought to be saturated with many consumers and sellers, have homogeneous merchandise, and include no obstacles to entry or exit.
Backstory
Recall that the Refinery had on July 28, 2025, notified the Federal Excessive Courtroom Abuja of its discontinuance of its N100 billion import license lawsuit towards Nigerian Nationwide Petroleum Firm Restricted (NNPCL) and others.
The Refinery and the FCCPC had been in a authorized battle over the Fee’s relevance within the pending go well with, marked FHC/ABJ/CS/1324/2024, which seeks to nullify import licenses issued to sure Nigerian oil firms by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
- Dangote Refinery’s authorized consultant, George Ibrahim SAN, described the FCCPC software to hitch its case as a “meddlesome interloper” with no authorized standing in a case centered on the Petroleum Trade Act (PIA).
- Osinaike had maintained that the FCCPC is a statutory defendant in all issues associated to competitors and monopoly in Nigeria and that the Refinery’s go well with straight pertains to anti-competition and monopoly issues within the petroleum trade.
- However in his ruling on the FCCPC’s joinder software, Justice Inyang Ekwo said that he couldn’t discover any relevance of the Fee in a case targeted on the PIA.
- The decide subsequently dismissed the FCCPC’s software, describing it as “unmeritorious,” whereas FCCPC disagreed and sought redress on the Courtroom of Appeal.
- Africa’s richest man, Aliko Dangote, had beforehand expressed willingness to promote a stake in his multibillion-dollar refinery to NNPCL, amid escalating disputes with regulators and fairness companions final 12 months.
Dangote had additionally accused different petroleum importers of bringing substandard petroleum merchandise into Nigeria.
Nairametrics reported that the federal authorities ultimately allowed oil entrepreneurs to buy petroleum merchandise straight from Dangote Refinery, following NNPCL’s resolution to withdraw as an middleman between the refinery and entrepreneurs.
Currently, studies point out that Dangote later requested President Bola Tinubu to incorporate refined petroleum merchandise within the record of things banned beneath the ‘Nigeria First’ coverage of the Federal Authorities.
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