FCCPC Withdraws Appeal in ₦100bn Dangote Refinery Import Licence Dispute
The Federal Competition and Consumer Protection Commission (FCCPC) has formally withdrawn its appeal at the Court of Appeal, Abuja, in the ₦100 billion import licence dispute involving Dangote Petroleum Refinery and Petrochemicals FZE.
The appeal, which had challenged aspects of the case, was abandoned on 26 August 2025 following the filing of a notice of withdrawal against the Refinery, the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), the Nigerian National Petroleum Company Limited (NNPCL), Matrix Petroleum Services Limited, A.A. Rano Limited, and four other major oil marketers.
The notice of withdrawal, signed by FCCPC’s counsel, Olanrewaju A. Osinaike Esq., cited the discontinuance of Dangote Refinery’s substantive import licence suit at the Federal High Court as the basis for the Commission’s decision.
The application was brought pursuant to Order 11, Rule 1 of the Court of Appeal Rules, 2021 and under the inherent jurisdiction of the appellate court.
Osinaike explained that since the foundation of the subject matter of the appeal had been removed, the Commission no longer had an interest in pursuing the matter further.
In the notice, counsel recalled that the FCCPC had appealed the decision of the Federal High Court in Suit No: FHC/ABJ/CS/1324/2024 by filing a Notice of Appeal on 23 May 2025, pursuant to leave granted by the Court of Appeal on 21 May 2025.
He noted that with the 1st Respondent (Dangote Refinery) having withdrawn its Federal High Court suit, the substratum of the appeal no longer existed, and the Commission was abandoning all further proceedings from that date.
At the resumed proceedings on 26 August 2025, legal representatives of all parties were present before the appellate panel.
Osinaike formally informed the court of the FCCPC’s application to withdraw the appeal.
None of the respondents opposed the withdrawal, and the panel proceeded to hear the parties’ submissions.
After considering the application, the Court of Appeal dismissed the FCCPC’s case.
Speaking to journalists afterwards, competition law expert Barrister Oladipupo Ige explained that if Dangote Refinery had succeeded in its import licence action, it could have restricted market entry in the oil and gas sector, potentially granting it a dominant market share and the ability to dictate prices.
He observed that the withdrawal of both the Refinery’s suit and the FCCPC’s appeal meant that “the free market wins,” as the perceived threat of monopoly had been neutralised.
Ige commended the FCCPC for fulfilling its statutory role in regulating market competition, noting that once the monopoly concern was resolved, discontinuance of the matter was the logical step.
He stressed that competition is vital for a vibrant economy, and while perfect competition may be unattainable, a fair market should feature numerous buyers and sellers, homogeneous products, and no barriers to entry or exit.
It will be recalled that on 28 July 2025, Dangote Refinery had notified the Federal High Court of its decision to discontinue its ₦100 billion import licence suit against NNPCL and others, which had sought to nullify licences issued by the NMDPRA to certain oil companies.
The FCCPC’s earlier attempt to join the suit was dismissed by Justice Inyang Ekwo, who held that the Commission had no relevance in a matter centred on the Petroleum Industry Act. While the FCCPC disagreed and appealed, the withdrawal of the substantive suit ultimately rendered the appeal academic.
