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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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petroleum 
operations) 
and 
establishing 
those 
midstream 
and 
downstream 
petroleum operations to be subject to a licence or permit from the Defendant, 
and monitoring processes for midstream and downstream petroleum operations. 
The Defendant 
is authorised 
by 
law 
to make 
regulations concerning 
the 
construction 
and 
operation 
of and third-party access 
to, 
infrastructure 
for 
midstream 
and 
downstream 
petroleum 
operations, 
the 
procluction, 
transportation, and sale of petrochemicals and lubricants, tariffs for midstream 
and downstream petroleum operations, 
and fees payable to the Authority subject 
to S. 3 (4) (i) of the PIA 2021. It is to be noted that S, 125 (3) of the PIA 2021. 
pursuant to which the MDPOR 2023 
is made, gives the Defendant an omnibus 
- 
power with the respect to regulation prescribing additional activities to be 
undertaken only on the basis of a licence or permit and the Defendant shall have 
power to issue licences or permits for the activities in accordance with the PIA 
2021. By S. 174 (3) of the PIA 2021, the Defendant 
is given power with the 
respect to administration of the midstream and downstream petroleum liquids 
operation to make regulation prescribing additional activities to be undertaken 
only on the basis of a licence OF permit and the Defendant shall have power to 
issue licences or permits for the activities in accordance with the PIA 2021. The 
Plaintiffs have admitted that they are importers with express permit of the 
Defenclant applicable to midstream operations but are not licensees who engage 
in the bulk sale of petroleum Products under S. 174 (1) (g) of the PIA 2021. The 
Plaintiffs ought to have read the whole 
of 
S. 174 of the PIA 2021 particularly . 
subsection (3) thereof which gives the Defendant power to make regulation on 
administration of the midstream 
and downstream petroleum liquids operation, 
and prescribes additional activities to be undertaken only on the basis of a licence 
or permit. The submission of the Plaintiffs in this regard does not hold water, 
JUDGEMENT IN JHS' (NIGERIA) LTD, & ANOR. 
Vv. THE NIG. MIDSTREAM & DOWNS: TREAM PETROLEUM REGULATORY AU’ 
SUIT NO: FHC/ABI/CS/1480/2023 
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