Abuja Court Orders Licences for Three Fuel Marketers

Nigeria’s Federal High Court in Abuja has ordered the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to grant or renew fuel import licences for Matrix Energy, AA Rano and AYM Shafa when the marketers meet statutory and regulatory requirements. The ruling says the regulator must exercise its licensing powers within the law, while preserving its authority to modify, suspend or cancel licences as permitted by law. Justice Inyang Ekwo delivered the judgment on Monday, September 28, in a case brought by the three marketers. The court held that the Petroleum Industry Act does not prohibit petroleum product imports and that the regulator’s powers must be exercised consistently with the act and other applicable laws. It also found that the regulator must promote competition in the midstream and downstream sectors and prevent restrictive business practices and abuse of dominant positions. The order does not give the companies unconditional permission to import fuel. Each must satisfy the applicable requirements, and NMDPRA retains its statutory role in administering licences.