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Shell may cough out $3.6bn to Nigerian government

A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government

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A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government.

The fine had been imposed on Shell for the Bonga oil spill.

Trial judge, Justice Mojisola Olatoregun, resolved all the issues in the defendant’s favour and dismissed the suit.
Shell sued the National Oil Spill Detection and Response Agency, NOSDRA, challenging its powers to impose levies or fines over oil spills.

The plaintiff prayed the court to declare that NOSDRA cannot, in the light of Section 1, 3, 4, 5 and 6 of the 1999 Constitution, validly exercise any powers under Section 5, 6, 7 and 19 of the NOSDRA Act.

Shell, through its lawyer Chief Wole Olanipekun, SAN, argued that the sections’ provisions encroach on judicial powers vested exclusively in the courts.

The oil giant argued that it was the Federal High Court that is vested with the jurisdiction to determine liability and to assess, impose and direct the payment of any sum as penalty, damages or compensation in connection with an incidence of oil spillage, particularly the Bonga Oil Spill of December 20, 2011.

Shell urged the court to declare that the decision leading to the imposition of $3,600,191,206.00 on by NOSDRA was in breach of its right as enshrined in Section 36, 43 and 44 of the 1999 Constitution.

It also urged the court to nullify NOSDRA’s powers to impose such levies over oil spills.

But NOSDRA, through its counsel, Mr D. A. Awosika, argued that the cause of action arose on March 25, 2015 when it served Shell with notice of sanction over the Bonga Oil Spill.

Awosika contended that Shell was enjoined to exercise its right of litigation if it felt aggrieved by the letters within three months from March 25, 2015 and not beyond.

In her May 24 judgment, a copy of which was obtained

Wednesday, Justice Olatoregun held that NOSDRA acted in line with its powers and did not violate Shell’s rights in any manner.

“I found no conflict with the duties conferred on NOSDRA by law and the power of the court to adjudicate in this matter. I find no violation of the 1999 Constitution within these sections,” the judge held.
Justice Olatoregun further held that NOSDRA’s demand letters to Shell were not in conflict with Section 44 of the 1999 Constitution.

The judge said: “The plaintiff had notice and opportunity to fair hearing. The plaintiff ought to have had recourse to the court for the determination of its civil rights and a proper adjudication on the issues if it felt its rights were infringed or about to be infringed.

“I do not find the two letters ultra vires the duties and functions of the defendant.”

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Dangote insists refinery has 500 million litres of petrol to meet Nigeria’s needs

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Aliko Dangote, the chairman of Nigeria’s Dangote oil refinery, has claimed a 500 million litre gasoline stockpile, refuting claims by some oil marketers that they had to augment Dangote’s supplies with imports to address fuel shortages.

Africa’s wealthiest man claimed to be a guest of the Nigerian President, Bola Tinubu, along with the finance minister, the head of the state-owned NNPC, and oil regulators at a meeting in Abuja on Tuesday.

The goal was to reconsider a policy mandating that NNPC sell crude oil to the Dangote refinery in local naira currency in an attempt to relieve pressure on foreign exchange and assist the massive refinery in obtaining enough crude to meet its 650,000-barrel-per-day capacity.

After the discussion, Dangote explained that he should not be held responsible for fuel shortages in Africa’s top oil-producing nation because his company does not deal in the retail sale of petrol.

He added that it costs him money to keep fuel in storage tanks.

“I expect the NNPC and marketers to stop importing. They should come and collect; we have everything they need,” said Dangote.
Two weeks ago, local fuel traders began increasing imports, claiming that the Dangote refinery was unable to meet domestic demand, exacerbating fuel shortages.

In September, the Dangote Oil Refinery in Lagos started processing petroleum to produce 25 million litres per day. The objective is to progressively boost output to 35 million litres per day, which Dangote thinks will be enough to satisfy regional demand. However, the industry regulator stated at an oil conference in Lagos on Monday that Nigeria uses 45 to 50 million litres of petrol every day.

President Tinubu advised stakeholders to concentrate on providing enough petrol for domestic consumption to lessen reliance on imports, according to a government spokesperson’s statement.

In order to settle the naira pricing of oil and refined goods, he also instructed them to use Afreximbank, the financial adviser for the naira crude sale plan.

The refinery was forced to rely on costly imports after Dangote filed a complaint alleging that oil majors were preventing it from accessing locally produced oil by selling it above market value or claiming it was unavailable. Previously, Dangote had to purchase crude on the international market.

The plan to sell crude in naira will continue, according to Wale Edun, Minister of Finance and Coordinating Minister of the Economy, and the government would not meddle in setting the oil industry’s exchange rate.

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Ghana considers imports from Nigeria’s Dangote oil refinery

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The head of Ghana’s oil regulator stated on Monday that once Nigeria’s Dangote Oil Refinery was fully operational, Ghana might purchase petroleum products from the facility, reducing the need for more costly exports from Europe.

Mustapha Abdul-Hamid, the chairman of Ghana’s National Petroleum Authority, stated at the OTL Africa Downstream oil conference in Lagos that this might result in the elimination of $400 million in petroleum imports from Europe each month.

“If the refinery reaches 650,000 bpd a day capacity, all that volume cannot be consumed by Nigeria alone, so instead of us importing as we do right now from Rotterdam, it will be much easier for us to import from Nigeria and I believe that will bring down our prices,” Hamid said.

The Nigerian billionaire Aliko Dangote constructed the Dangote Oil refinery, which is anticipated to run close to capacity by the end of the year and maybe reach full capacity in the first quarter of 2025, according to analysts.

Hamid claimed that by eliminating freight expenses, buying from Nigeria instead of Europe would result in lower prices for other goods and services. He predicted that African nations would eventually settle on a single currency, which would reduce demand for US dollars.

In the second quarter of 2024, Ghana’s GDP rose 6.9% year over year, primarily due to the robust growth of the extractive industry, which increased demand for petroleum.

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