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

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under which they are/made, They also set out the guidelines or rules which 
ensure that activities under the statute are conducted within tolerable boundaries 
so that the intention of the legislature for making the statute is not defeated. In 
essence, statutory regulations provide the avenue by which the benefit of the 
law is seen, observed and derived by regulators, stakeholders and even those 
directly or remotely affected by the law. So, the material question to consider in 
_ determining whether of not a regulation is inconsistent with the provisions of the 
statute will be to examine if the regulation has attempted to vary or indeed has 
variec| the provisions of the Statute to the extent of making contrary or non- 
compatible provisions, 
The grouse of the Plaintiffs is that on gt june, 2023, the Defendant sent 
an email to license holders for bulk storage facilities in the Apapa axis in Lagos 
- 
where Chisco Tank Farm 
is located stating the new loading program format 
- 
must be endorsed by both the Depot Manager and the Defendant’s officiats 
together with the ex-depot price indicated on the loading programme (Exh, IHS 
10). This prompted the 1s Plaintiff to submit its loading programme for approval 
but the Defendant's Officials refused on the basis that the programme did not 
contain ex-depot prices to which the 1% Plaintiff explained that it does not sell 
AGO but uses it to Support its operations at the BTS, and so, does not have ex- 
depot 
prices. 
The 
Defendant's 
officials’ 
refusal 
to 
approve 
the 
loading 
programme (Exh. THS 11) but was eventually signed off after about three hours, 
On 9" June, 2023, officers of the Defendant refused to sign the 1% Plaintiff's 
loading programme from the Chisco Tank Farm and which suspension lasted til] 
13" June, 2023. The Defendant also refused to approve the 2™ Plaintiff's loading 
programme at the Koko Tank Farm from 23¢4 June, 2023, to 24in June, 2023, 
and only approved after Many discussions, The Defendant maintained that the 
JUDGEMENT IN JAS (NIGERIA) LTD. & ANOR. 
y, 
SUIT NO: FHC/ABI/CS/1480/2023