Business
Court orders NMDPRA to continue issuing fuel import licences to Matrix, AA Rano, AYM Shafa
The Federal High Court in Abuja has ordered the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to continue issuing and renewing petroleum products import licences to three major oil marketers, ruling that the regulator’s refusal to do so violates the Petroleum Industry Act (PIA).
Justice Inyang Ekwo delivered the judgement on Monday. The judge reportedly ruled that the authority’s refusal to grant or renew import licences for Matrix Energy, AA Rano and AYM Shafa was in “direct non-compliance” with the PIA, Nairametrics reported.
It said the judge specifically directed the regulator to continue granting, issuing, extending, renewing or reissuing licences, permits and authorisations for midstream and downstream petroleum operations, particularly the importation of petroleum products, once the companies meet all statutory and regulatory requirements.
The judgement followed a suit filed in June by the three oil marketers challenging the NMDPRA’s refusal to regularly issue or renew their petroleum products import licences.
The companies, through their lawyers, Raji Ahmed, a Senior Advocate of Nigeria, and Chris Ekemezie, argued that the PIA does not prohibit the importation of petroleum products into Nigeria or prevent the regulator from issuing licences to eligible importers.
The Court rulings
Delivering judgement on Monday, Mr Ekwo held that the NMDPRA’s refusal to issue and renew the licences was inconsistent with the provisions of the PIA and that the authority had acted beyond the limits of the law.
He ruled that any exercise of regulatory powers relating to import licences in violation of the PIA and other relevant laws was “null and void”.
The judge also held that the plaintiffs had successfully established their claims against the regulator.
In a key part of the judgment, the court declared that Sections 31, 32 and other relevant provisions of the PIA, read alongside Section 72 of the Federal Competition and Consumer Protection Act, mandate the NMDPRA to promote competition in the midstream and downstream petroleum sectors.
The provisions also require the regulator to prevent the abuse of dominant market positions and restrictive business practices.
The court further declared that the three oil marketers were entitled to the issuance, extension or renewal of their import licences upon fulfilling the conditions stipulated by the NMDPRA.
The judge, however, clarified that the authority retains exclusive regulatory powers to grant, modify, extend, renew, suspend, cancel or terminate licences and permits for midstream and downstream petroleum operations.
Why the oil marketers went to court
In an affidavit filed on 26 June in support of the suit, Sabiu Saidu Mahuta, executive director of AA Rano Nigeria Limited, said the NMDPRA had, since July 2025, issued, extended or renewed import licences for the three companies only sporadically rather than regularly.
He argued that the regulator’s actions and inactions were entrenching market dominance and monopolisation of the downstream petroleum sector by local refineries.
Mr Mahuta also said the three companies had collectively invested more than $20 billion in infrastructure, logistics and retail networks to support their petroleum businesses.
“Collectively, the plaintiffs have invested more than $20,000,000,000 [Twenty Billion United States of America Dollars] in infrastructure, logistics and retail networks for the smooth operations of their licensed petroleum products businesses,” he stated.
The companies argued that allowing petroleum imports alongside local refining would promote competition, prevent monopolistic practices and price-fixing, and improve the overall performance of Nigeria’s midstream and downstream petroleum sectors.
Their lawyer, Mr Raji, urged the court to affirm the legality of petroleum products imports and the regulator’s obligation to issue licences to eligible operators.
Dangote Refinery’s legal suits
The judgement comes amid an ongoing legal dispute over the issuance of petrol import licences in Nigeria, particularly following the expansion of domestic refining capacity by the Dangote Refinery.
Dangote Refinery has argued in a separate suit that the continued issuance of petroleum products import licences contravenes Nigerian law, which it maintains permits imports only when local refineries cannot meet domestic demand.
The refinery recently filed a fresh N100 billion suit against the Attorney-General of the Federation at the Federal High Court in Lagos over the continued issuance of import licences.
Matrix Energy, AA Rano and AYM Shafa have also applied to join that suit.
The case remains pending before the court.
The latest ruling in Abuja, however, addresses the three oil marketers’ rights to obtain import licences from the NMDPRA, provided they meet the applicable statutory and regulatory conditions.
Nigeria’s changing petrol supply dynamics
The legal dispute comes as Nigeria’s petroleum supply landscape continues to change following increased output from domestic refineries.
PREMIUM TIMES reported that NMDPRA data published last week showed that petrol imports declined sharply in the first quarter of 2026, while supplies from local refineries rose to about 3.18 billion litres.
The statistical presentation of the report showed that crude oil receipts by domestic refineries increased to 683,000 barrels per day (bpd) in August from 585,000 bpd in July, representing a 17 per cent increase.
The increase became profound as domestic petrol receipts rose significantly while reliance on imported petrol declined.
According to the data, average daily Premium Motor Spirit (PMS) receipts increased by 11 per cent, from 45.5 million litres per day in July to 50.5 million litres per day in August.
The report indicated that domestic PMS receipts accounted for most of the increase, rising by 39 per cent, from 25.8 million litres per day to 35.9 million litres per day.
In contrast, PMS imports fell by 26 per cent, from 19.7 million litres per day in July to 14.6 million litres per day in August.
The growth in domestic refining has intensified discussions about the role of fuel imports, market competition, and the regulatory conditions governing the supply of petroleum products.
READ ALSO: Dangote refinery drove Nigeria’s petrol supply in August as NNPC refineries remain shut — Report
Meanwhile, PREMIUM TIMES reported last week that NMDPRS approved petrol import permits covering about 830,000 metric tonnes for multiple companies ahead of the fourth quarter of 2026.
George Ene-Ita, spokesperson for the authority, confirmed the development to PREMIUM TIMES last Tuesday.
“Yes, petrol import permits were approved for Q4 2026 to ensure no supply gaps are heading into the critical end-of-year period,” Mr Ene-Ita said.
Companies reportedly granted the permits include Matrix Energy, A.A. Rano, AYM Shafa, NIPCO, Pinnacle Oil and Bono Energy.
The approvals were reportedly issued on 18 September, although details of the individual allocations to the marketers are still sketchy. A request for details from PREMIUM TIMES, sent via email to the authority last week, was acknowledged, but has yet to be received.
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A passenger has died aboard a Kenya Airways flight from Nairobi to Lagos after becoming unresponsive about 20 minutes before the aircraft landed at the Murtala Muhammed International Airport, Lagos.
Kenya Airways confirmed the incident in a statement on Wednesday, saying the medical emergency occurred at about 9:20 p.m. Nigerian time on Tuesday.
The airline said its crew administered first aid to the passenger in line with their training and followed emergency procedures before the aircraft landed at 9:41 p.m.
“Upon landing at Murtala Muhammed International Airport at 21:41 hrs, the aircraft was met by medical personnel, and upon further examination, the medical personnel confirmed that the passenger had passed away,” the airline said.
Kenya Airways expressed condolences to the passenger’s family and friends and said it was providing support in coordination with the family, local authorities and aviation regulators.
The airline did not disclose the identity of the passenger or the cause of death, saying it would respect the privacy and dignity of those involved.
NCAA responds
Responding to the incident, Michael Achimugu, Director of Public Affairs and Consumer Protection at the Nigeria Civil Aviation Authority (NCAA), said the police have taken over the investigation.
Mr Achimugu said he was briefed by Kenya Airways’ country manager on Wednesday morning.
According to him, the passenger had reportedly been picked up in Madagascar after authorities there denied him entry and was being returned to Nigeria by Kenya Airways.
He said the airline was expected to return the passenger because it had transported him to Madagascar.
“The country manager said he was picked from Madagascar, after customs had earlier denied him entry into the country, and as expected, the airline that brought him into the country must take him back,” Mr Achimugu said.
He further said the passenger allegedly became restless and aggressive during the return flight, attempted to gain access to the cockpit and later tried to open the rear door of the aircraft.
He explained that the passenger was subsequently restrained by members of the crew.
“When he got into the aircraft, he became restless and aggressive inside the aircraft, wanted to enter the cockpit and later wanted to open the rear door, but was later tied down. His hands were tied to his back to ensure that he stopped the troubles,” he said.
Mr Achimugu said the passenger was pronounced dead after the aircraft arrived in Lagos.
“But when he got to Nigeria, he was declared dead on arrival. I don’t want to pre-empt the police investigation, but they have taken it over for now,” he said.
He added that the deceased’s family could request an autopsy as the investigation progresses.
Police begin investigation
The spokesperson for the Airport Command of the Nigeria Police Force, Muhammed Adeola, confirmed that an investigation had commenced.
Mr Adeola said the incident involved an “inadmissible passenger” and that complications reportedly developed during the return flight.
“Yes, it’s true, and investigations have commenced. It’s an issue of an inadmissible passenger, and the said complications arose on their way back,” he said.
He said the passenger became unable to breathe before medical personnel were alerted ahead of the aircraft’s arrival.
Mr Adeola said the police have taken statements from members of the flight crew, including the captain.
He added that the body had been deposited at a morgue in Ikeja.
Similar incident
The death is not the first reported case of a passenger dying aboard an international flight bound for Lagos.
In March 2019, a 54-year-old passenger aboard a Delta Air Lines flight from Atlanta, United States, to Lagos was found unresponsive shortly before the aircraft landed at the Murtala Muhammed International Airport.
The passenger was confirmed dead after the aircraft landed, with medical personnel meeting the flight at the airport.
Medical emergencies have also led to international flights returning to Lagos.
In September 2025, PREMIUM TIMES reported that a United Airlines flight from Lagos to Washington, D.C., returned to Lagos after a passenger suffered a medical emergency about 90 minutes into the journey. Medical personnel attended to the passenger after the aircraft landed.
Kenya Airways said it is providing the necessary support in coordination with the deceased passenger’s family, local authorities and aviation regulators.
The airline also apologised for any inconvenience the incident may have caused other passengers.
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