A Federal High Court in Abuja has fixed February 5 to hear the Nigeria National Petroleum Company Limited (NNPCL)’s preliminary objection against a suit filed by Dangote Petroleum Refinery and Petrochemicals FZE over oil import licence dispute.
Justice Inyang Ekwo fixed the date after counsel to Dangote Refinery, George Ibrahim, SAN, told the court that they were yet to file their response to the NNPCL’s objection.
When the matter was called, Ibrahim informed the court that the matter was slated for hearing of their motion for amendment of the originating summons.
He said the application, dated Nov. 25, sought one relief.
According to the lawyer, the application sought an order granting leave to amend the name of the 2nd defendant in the suit from Nigeria National Petroleum Corporation Limited to Nigeria National Petroleum Company Limited.
He said though NNPCL had served them with a counter affidavit opposing the motion for amendment, the lawyer said they responded on points of law.
“We urge your lordship to discountenance the submission of the 2nd defendant,” he said, citing a previous court decision to back his argument.
But NNPCL’s lawyer, Ademola Abimbola, SAN, disagreed with Ibrahim’s submission.
Abimbola argued that besides that Dangote had not furnished them with the previous court judgment cited by their lawyer, they filed a counter affidavit of seven paragraphs on January 24 in opposition to the application.
“We rely on all the said paragraphs and Exhibit A, including a written address in urging my lord to dismiss the plaintiff’s application,” he said
The lawyer said their contention in the case was that the court cannot grant the application to amend because before they filed it, they had already filed their preliminary objection, seeking the dismissal of the suit.
He argued that the Supreme Court had made a decision on this as a classic example of an application that ought to be dismissed because until their preliminary objection is determined, the motion to amend cannot be determined.
Abimbola said if the motion to amend is determined , it will overreach their preliminary objection.
When Justice Ekwo then asked Abimbola if he was ready to move their preliminary objection, the lawyer responded in the affirmative.
But Ibrahim quickly interjected, saying they were yet to file their response to the NNPCL’s objection.
He, however, sought a two-hour stand-down to enable him file a formal application.
Responding, Abimbola submitted that instead of Dangote to respond to their preliminary objection, the refinery was busy filing a motion to amend their originating summons.
After listening to their arguments, Justice Ekwo adjourned until February 5 for hearing of the NNPCL’s objection.
The judge, who ordered Dangote Refinery to file its response within two days of the order, directed the NNPCL to also file its response within a day upon being served if there is any need.
The News Agency of Nigeria (NAN) observes that while Matthew Bukar, SAN, appeared for the 1st defendant; Ahmed Raji, SAN, represented the 3rd, 4th and 7th defendants; while Divine Okoro appeared for 5th and 6th defendants respectively.
Meanwhile, Olanrewaju Oshinaike, informed the court that he appeared for Federal Competition and Consumer Protection Commission (FCCPC) as a party seeking to be joined in the suit.
