Library / IHS LTD & INT TOWERS LTD VS NMDPRA JUDGEMENT

IHS LTD & INT TOWERS LTD VS NMDPRA JUDGEMENT

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petroleum partners
or clients,
for non-downstream petroleum
activities. The
Plaintiffs who have admitted that they are importers with express permit of the
Defendant applicable to midstream operations cannot turn around and
in the
same breath seek
to
nullify the provisions
of either MDPOR 2023
or PTS
Regulations 2023 which regulate the business pursuant to which the Defendant
issued permits to them. The provision of S. 318 of the PIA 2021 which
is the
definition section of the PIA 2021 does not draw any definitive line between
phrase
‘permit’
and
|‘licence’.
This means
the
two
phrases
can
be
used
interchangeably and I)so hold.
I find that the loading programme for which the Defendant requested. the
Plaintiffs to give ex-depot price thereof comes within the provision of S. 33 of
the PIA 2021 which authorises the Defendant to make regulation concerning
monitoring processes for midstream and downstream petroleum operations
|
which the AGO loaded by the Plaintiffs from the facility of Chisco Ltd is one.
On the payment of 1% Authority Fund Levy and 0.5% MDGI Fund Levy
"going by Exhs. IHS 15 and IHS 16 of the Plaintiffs, the provision of S. 33 of the
PIA 2021 allows the Defendant to rnake regulation on tariffs for midstream and
downstream petroleum operations, and fees payable to the Authority subject to
S. 3 (1) (i) of the PIA 2021,
It
is imperative to state now that any person who applies and obtains
‘licence’ or ‘permit’ for any of the activities provided for in the PIA 2021 and the
regulations thereof is deemed to have read and agreed to the terms of such
‘licence’ or ‘permit’ before proceeding to obtain such for the midstream and
downstream petroleum liquids operation
in Nigeria and before proceeding to
commence business pursuant to such Yicence’ or ‘permit’, Upon obtaining such
‘licence’ or ‘permit’ and proceeding to carry on business of the midstream and
JUDGEMENT IN ZHS (NIGERIA) LTO, & ANOR,
\. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULATORY AUTHO) Ay
SUIT NO: FHC/ABI/CS/1480/2023
/