Library / IN THE FEDERAL HIGH COURT OF NIGERIA [N THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON MONDAY, THE 5™ DAY OF FEBRUARY, 2024

IN THE FEDERAL HIGH COURT OF NIGERIA [N THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA ON MONDAY, THE 5™ DAY OF FEBRUARY, 2024

Page 1 of 44

Open the PDF at page 1

IN THE FEDERAL HIGH COURT OF NIGERIA 
[N THE ABUJA JUDICIAL DIVISION 
HOLDEN AT ABUJA 
_ 
ON MONDAY, THE 5™ DAY OF FEBRUARY, 2024 
BEFORE HIS 
LORDSHIP, THE HONOURABLE JUSTICE I. E, EKWO 
: 
JUDGE 
se 
SUIT NO.: FHC/ABI/CS/1480/2023 
BETWEEN: 
1. IHS (NIGERIA) LIMITED 
| 
2. INT TOWERS LIMITED 
Cann otiistecantoraveceireres PLALNTIFFS 
AND 
| 
THE NIGERIAN MIDSTREAM & DOWNSTREAM 
PETROLEUM REGULATORY AUTHORITY. .sssssssssssssss02 DEFENDANT 
| 
JUDGEMENT 
The Originating Summons in this case is brought pursuant to S. 36 (1) of the 
1999 Constitution (as amended), Order 3 (6) and (9) of the Federal High Court 
(Civil Procedure) Rules, 2019 (hereinafter referred to as FHCCPR 2019) and 
under the inherent jurisdiction of this Court for the determination of the following 
questions: 
. 
i. 
Whether the Plaintiffs as importers with express permit of the 
. 
Defendant and not iicensees who engage in the bulk sale of 
Petroleum products under section 174 (1) @) of the Petroleum 
industry Act, 2021 (PIA) are bound by the provisions of the 
Midstream & Downstream Petroleum Operation Regulations, 2023 
(‘Operation Regulations”) issued by the Defendant. which seek to 
| 
inter-alla regulate holders of licenses under the PIA who engage in 
| BEDERAL H 1GH COMBE, e Of petroleum product (especially given the clear Provision 
ABUJA 
i GPA 
ER Mtoe LTD, & 
BI/CS/1480/2023