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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petroleum partners 
or clients, 
for non-downstream petroleum 
activities. The 
Plaintiffs who have admitted that they are importers with express permit of the 
Defendant applicable to midstream operations cannot turn around and 
in the 
same breath seek 
to 
nullify the provisions 
of either MDPOR 2023 
or PTS 
Regulations 2023 which regulate the business pursuant to which the Defendant 
issued permits to them. The provision of S. 318 of the PIA 2021 which 
is the 
definition section of the PIA 2021 does not draw any definitive line between 
phrase 
‘permit’ 
and 
|‘licence’. 
This means 
the 
two 
phrases 
can 
be 
used 
interchangeably and I)so hold. 
I find that the loading programme for which the Defendant requested. the 
Plaintiffs to give ex-depot price thereof comes within the provision of S. 33 of 
the PIA 2021 which authorises the Defendant to make regulation concerning 
monitoring processes for midstream and downstream petroleum operations 
| 
which the AGO loaded by the Plaintiffs from the facility of Chisco Ltd is one. 
On the payment of 1% Authority Fund Levy and 0.5% MDGI Fund Levy 
"going by Exhs. IHS 15 and IHS 16 of the Plaintiffs, the provision of S. 33 of the 
PIA 2021 allows the Defendant to rnake regulation on tariffs for midstream and 
downstream petroleum operations, and fees payable to the Authority subject to 
S. 3 (1) (i) of the PIA 2021, 
It 
is imperative to state now that any person who applies and obtains 
‘licence’ or ‘permit’ for any of the activities provided for in the PIA 2021 and the 
regulations thereof is deemed to have read and agreed to the terms of such 
‘licence’ or ‘permit’ before proceeding to obtain such for the midstream and 
downstream petroleum liquids operation 
in Nigeria and before proceeding to 
commence business pursuant to such Yicence’ or ‘permit’, Upon obtaining such 
‘licence’ or ‘permit’ and proceeding to carry on business of the midstream and 
JUDGEMENT IN ZHS (NIGERIA) LTO, & ANOR, 
\. THE NIG. MIDSTREAM & DOWNSTREAM PETROLEUM REGULATORY AUTHO) Ay 
SUIT NO: FHC/ABI/CS/1480/2023 
/