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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JUDGEMENT IN JAS (NIGERIA) LTD, & ANOR. v. THE ‘IG, MIDSTREAM & DOWNSTREAM PET; ROLEUM REGULATORY AUT! CRF TY SUIT NO: FHC/ABI/CS/1480/2023 conditions, add to, and expand the provisions of those sections, A Declaration that Sections 47 (2); 52 (7) and 52 (9) of the PIA do not include charging provisions. A Declaration that Regulation 13 of the Operations Regulations is void ~ to the extent that it purports to impose a payment obligation that is} not clearly unambiguously charged: or imposed by the provisions of Sections 47 (2) (c) & 52 (7) (a) PIA. A Declaration that the Defendant exceeded its statutory authority and acted ultra vires in contravention of sections 47 (2) (c) and 52 (7) (a) of the PIA, by demanding that the Plaintiffs remit the Authority Fund Levy and the Midstream and Downstream Gas Infrastructure Fund Levy pursuant to Sections 47 (1) (2) (c) and 52 (1) (7) (a) of the PIA. A Declaration that the Defendant acted ultra vires its statutory power as delineated in the Operations Regulations and the PTS Regulations, by asking or demanding from the Plaintiffs, non- trading persons or licensees, or their agents: (a) the sale or purchase prices of petroleum products the Plaintiffs consume for their business outside downstream petroleum industry; or (b) the destinations of vehicles transporting the Plaintiffs’ petroleum products for consum ption in their business, outside the downstream petroleum industry; or (c) contracts entered into by an end user of petroleum products with its non- downstream petroleum partners or clients, for non-downstream petroleum activities, se ee uy, eo ON . a
RegulationsPDF20242024-026