JUSTICE Inyang Ekwo of the Federal High Court in Abuja has struck out the preliminary objection of the Nigerian National Petroleum Company Limited (NNPCL), challenging the competence of the ₦100 billion import license suit instituted by Dangote Petroleum Refinery and Petrochemicals.
In a ruling, Justice Ekwo held that the NNPCL failed to file a counter affidavit against Dangote Refinery’s suit but rather filed a preliminary objection, contrary to relevant laws guiding court proceedings.
The judge added that where the issue of jurisdiction is raised, the court can address it at the time of judgement.
He faulted the NNPCL for flouting Order 16 of the Federal High Court rules by filing an “incompetent preliminary objection” against the refinery.
Justice Ekwo held further that NNPCL would not suffer any miscarriage of justice if Dangote Refinery amended its suit.
On Dangote Refinery’s application to amend its suit to properly cite the name of the NNPCL, Justice Ekwo said the refinery’s amendment suit is grantable.
He subsequently approved the amendment of the refinery’s suit and held that ‘NNPC has a case to answer’.
