Business, Society

Nigeria Court Orders Fuel Regulator to Keep Issuing Import Licences.

Dr Bless Phanuel

A Nigerian court has ordered the country’s downstream petroleum regulator to continue issuing fuel-import licences and related permits to three oil marketing companies, adding a new development to an increasingly important dispute over how Nigeria should balance domestic refining with imported petroleum products.

The ruling was issued by a Nigerian court on September 28, with court documents showing that the judge found that refusing to issue the licences would be inconsistent with provisions of the Petroleum Industry Act (PIA).

What the Court Ruled.

The order concerns the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), the agency responsible for regulating Nigeria’s downstream petroleum industry. The court directed the regulator to continue processing and issuing the relevant licences and permits to three oil marketers.

The decision is significant because the legality and future of petrol imports have become a major point of contention in Nigeria’s downstream oil industry.

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Dangote Petroleum Refinery has separately challenged the issuance and renewal of petroleum import licences, arguing that continued imports undermine domestic refining and that the Petroleum Industry Act allows imports when there is a demonstrated shortfall in domestic supply. That separate case remains before the courts.

Why Fuel Imports Remain Controversial.

Nigeria’s petroleum market has changed considerably since the start of large-scale production at the Dangote refinery. The facility has increasingly supplied the domestic market, but imported petroleum products have not disappeared.

NMDPRA data reported by The PUNCH show that average daily petrol imports fell from 19.7 million litres in July to 14.6 million litres in August. At the same time, domestic petrol receipts increased from 25.8 million litres per day to 35.9 million litres per day. Dangote accounted for roughly 71% of total petrol receipts during August.

That means Nigeria is now operating with a combination of domestic refining and imports rather than relying exclusively on either source.

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Dangote’s Position.

Dangote Refinery has argued that continued imports make it more difficult to plan production and manage inventories because the refinery cannot accurately predict how much imported petrol will enter the Nigerian market.

The refinery has therefore pursued legal action against the continued issuance and renewal of import licences. The company’s position is that domestic refining capacity should receive greater protection where local supply is sufficient.

The latest court ruling does not, however, represent a final determination of all the issues raised in Dangote’s separate litigation.

Nigeria’s Petrol Market Is Changing.

The latest data show how quickly Nigeria’s petroleum market is changing. In August, Dangote Refinery produced an average of 41.94 million litres of petrol per day and supplied about 35.87 million litres daily to the domestic market. The refinery also exported some products while holding substantial stocks.

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At the same time, the government’s decision to maintain an import channel gives marketers another source of supply and keeps competition within the downstream market.

The court’s latest decision therefore places the question of petrol imports, domestic refining and competition back at the centre of Nigeria’s energy debate.

For consumers, the key issue will ultimately be whether this combination of domestic production and imports produces reliable fuel availability and competitive prices. For refiners and marketers, the dispute is also about who should determine the structure of Nigeria’s post-subsidy petroleum market. The court order is the latest development, rather than the end of the wider legal and commercial dispute.

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