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 4 of 44

Open the PDF at page 4

&. 
Whether it is not an abuse of administrative Powers, or outside 
legislative intent of the PIA, to disable, in any manner whatsoever, 
the loading of petroleum products from a nor-trading personal sole 
use bulk storage facility - on account of failure to Publish ex-depot 
prices 
. 
9. 
Whether the PIA in any way, (and in particular by Sections 33, 1 L3, 
126 & 175 thereof), permit the Defendant by virtue of the PTS 
Regulations to regulate domestic non-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? 
10, 
Whether the acts of the Defendant complained of herein do not 
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)? 
Il, 
Whether Regulations 3.& 4 (1) of the PTS Regulations apply to the 
loading of petroleurn products from personal sole use bulk storage 
facilities for personal consumption? 
12. 
Whether Regulation 5 (g) of the Operation Regulations Is not invalid 
for being outside the scope of matters provided in. the PIA, or for 
being ultra 
vires, 
or unreasonable, 
or absurd, 
or wrongtul or 
“excessive — having regard to its requirement that the Manager OF 4 
licensee must provide an operational office and accomimodatio, 
for 
the personnel of the Defendant? 
\ 
ae 
JUDGEMENT IN JHS (MIGERIA) 
LTD. & ANOR. 
v. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULA TORY AUTHORITY 
SUIT NO; FHC/ABI/CS/1480/2023 
4