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Nigeria's NNPC accuses Dangote Refinery of monopolizing fuel in court filing

According to court documents, Nigeria's state 'oil' firm NNPC accused Dangote 'Petroleum 'Refinery' of trying to limit competition and expose Nigeria's fuel markets to monopoly by challenging import licenses issued to competitors.

In a defense filed before the Federal High Court of Lagos, NNPC stated that granting Dangote’s request?to void import permits or restrict them would expose Africa’s largest oil producer?to supply disruptions, price instabilities?and risk to national energy security.

The Nigerian Midstream and Downstream Petroleum Regulatory Authority has filed a request to?join in the case. This will increase the legal battle regarding import policy and the market position of the Dangote refinery.

The dispute comes months before Dangote's ?planned September IPO of its refinery business, adding uncertainty over market rules, import competition ?and the revenue outlook investors ?may assign to the 650,000-barrel-per-day plant.

Dangote Petroleum Refinery, a subsidiary of Dangote Petroleum, filed a lawsuit against Nigeria's Attorney General in April, challenging fuel import licenses granted or renewed by Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to marketers and NNPC. Dangote claims that the licenses violate Nigeria's Petroleum Industry Act and undermine local refinery.

NNPC rejected 'that argument. It said that the law allows companies with local refinery licences or proven record in international crude oil and petroleum product trading to import licences. It said that regulators have discretion in managing imports as part of Nigeria's policy for backward integration and that there is no mandatory ban on imports.

The court documents also show that NNPC said Dangote did not provide "credible, independently verifiable or verifiable proof" that the refinery would be able to meet Nigeria's entire fuel demand or guarantee a?uninterrupted national supply.

Dangote has declined to comment on the ongoing case.

NNPC has denied that it sabotaged Dangote’s refinery, or intentionally?withheld oil, saying allocations of crude depend on 'operational, logistical, commercial and security factors.

A hearing has been scheduled for the court in the next few weeks.

Fuel marketers also oppose Dangote’s suit, warning that it could harm competition and supply security. (Reporting and editing by Susan Fenton; Isaac Anyaogu)

(source: Reuters)