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 20 of 44

Open the PDF at page 20

| Damisa v. U.BA, Pic} (2005) 
9 NWLR (Pt. 931) 526. The Plaintiffs fall under the 
Classification 
of wholesale. Customers 
as 
their 
operations 
qualify 
as 
sale 
distribution of petroleum products; reference 
is made to Regulation 48 of the 
Operations Regulation, and Ss. 318, 317 (9) and (10), 206 and 302 (3) of the 
PIA,2021. 
| 
The submission on issue 
2 
is that nothing 
in the definition of “sold 
in 
Nigeria” in the Regulation stretches the intention expressed in the PIA 2021, so 
- 
it applies to the Plaintiffs fairly in all circumstances of this case; reference 
is 
made to Ss. 47 (2) and 52 (7) of the PIA 2021. The intention of the legislator is 
clear. It is the practice that in interpreting a statute, an interpretation that will 
_ 
lead to absurdity should be avoided; reliance 
is placed on Jbrahim 
v. Barde 
(1996) 9 NWLR (Pt, 474) 913 at 577, Dickson v. Sylva & Ors. (2017) 8 NWLR 
(Pt. 1567) 167 and Bello v, Lrimiya (2021) LPELR-55077 (CA). The Court is urged 
to hold that there is nothing in the Operations Regulations which deviates from 
the express provisions of the PIA 2021. 
The submission on issue 3 
is that the Plaintiffs have complained of the 
. 
Defendant’s. refusal to approve loading without stating that 
it withheld said 
approval because of their non-compliance with the law. It is a settled principle 
of law that he who comes to equity must come with clean hands. The Plaintiffs 
have failed woefully to discharge the burden of placing 
all relevant evidence 
before the Court, Also, 
it is trite that the right to liberty is not absolute, to the 
extent that a person’s liberty can be temporarily restrained; reference is made 
to S, 35 (1) (c) of the 1999 Constitution (as amended), and reliance is placed on 
Emeka Ekwunugo 
v. FRN & Anor. (2001) 
6 NWLR 
(Pt. 
708) 
171 
at 185. 
Furthermore, the PTS Regulations 2023 being a subsidiary legislation derives its 
efficacy from the principal legislation to which itis therefore, secondary and 
JUDGEMENT IN HS (NIGERIA) LTD. & ANOR. 
v. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULATORY AUTHORIFY” 
SUIT NO: FHC/ABI/CS/1480/2023