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IHS LTD & INT TOWERS LTD VS NMDPRA JUDGEMENT

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8.. 
A Declaration 
that the’ Defendant indulged 
in self-help remedy 
contrary to the Constitution and 
its enabling law by disabling or 
threatening to disable, in any manner whatsoever, the loading of 
petroleum products from non-trading, personal, storage facilities — 
on.account of the inability of the Plaintiffs to provide the Defendant 
with petroleum prices, 
Or in the alternative, 
9. 
A Declaration that the Defendant abused its administrative powers 
or acted outside the powers conferred 
on 
it 
by the 
PIA, 
by 
threatening to disable, in any manner whatsoever, the loading of 
petroleum 
Products from 
the 
Plaintiffs’ personal 
sole 
use 
bulk 
storage facilities-on account of failure to publish ex-depot prices. 
10. 
A Declaration that the PIA (and in particular by Sections 33, 113, 
126 & 175 thereof), does not permit the Defendant by virtue of the 
PTS Regulations to regulate the Plaintiffs, who are domestic, on- 
trading, end-user personal consumption of petroleum products, 
outside 
midstream 
and downstream 
petroleum 
operations 
or 
downstream petroleum operations within the meaning of the terms 
in Section 318 of the PIA. 
11. 
A Declaration that the actions of the Defendant against the Plaintiffs 
constitute infringement of the Constitutional right of the Plaintiffs 
against compulsory acquisition of personal property guaranteed by 
Section 44 of the 1999 Constitution (as amended), 
12. 
A Declaration that Regulations 3 & 4 (1) of the PTS Regulations 
does not apply to the loading of petroleum products from personal 
sole use bulk storage facilities for personal consumption. 
JUDGEMENT IN JAS" (NIGERIA) LTD. & AOR. 
Vv. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULATORY ALETHORT, 7Y¥ 
SUIT NO; FHC/ABI/CS/1480/2023 
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