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Appeal court joins Lagos in FIRS suit over VAT collection

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The court of appeal, Abuja division, has granted the application of the Lagos state government as a co-respondent in the appeal filed by the Federal Inland Revenue Service (FIRS).

The FIRS is challenging the judgment of the federal high court, Port Harcourt, which restrained the agency from collecting VAT and personal income tax (PIT) in Rivers state.

At the lower court, the FIRS had appealed for a stay of execution, but the court dismissed it on the basis that it would “negate the principle of equity”.

Consequently, FIRS went to the court of appeal.

On September 10, the Attorney-general of Lagos, Moyosore Onigbanjo, applied to be joined as a party in the appeal. The state had also passed a VAT bill into law.

Onigbanjo had submitted that the outcome of the appeal would have a direct impact on the state.

“My lord, it is not in dispute that Lagos, one of the federating states in Nigeria, is entitled to collect VAT and that’s our interest,” he said.

“Even the appellant recognised that the Lagos state government has an interest in the matter in their affidavits in support of stay of execution where copious reference was made to the Lagos state government.”

Delivering ruling on Thursday, Haruna Tsammani, presiding judge, held that Lagos state has been able to prove that it has a direct interest in the subject matter of this appeal.

He agreed that all the reliefs sought by the Rivers state government which were granted at the high court made reference to “any other state of the federation.”

“It is not in doubt that Lagos state is a constituent state in Nigeria,” the judge held.

“It is, therefore, my finding that the applicant has been able to establish that he has a direct case in the subject matter of this appeal.

“The application for joinder is in the appeal as the third respondent is accordingly granted.”

The court also ordered that all the processes in the suit should be served on the state.

On Tuesday, Oyo state also filed a joiner application before the court of appeal.

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Xenophobia: MTN, Stanbic IBTC, other MTN, Stanbic IBTC, firms face pressure in Nigeria

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Xenophobia: MTN, Stanbic IBTC, other MTN, Stanbic IBTC, firms face pressure in Nigeria

Xenophobia: MTN, Stanbic IBTC, other South African firms face pressure in Nigeria

South African companies with identifiable business interests estimated at about N20.43 trillion in Nigeria are facing growing uncertainty as pressure mounts on the Federal Government to take stronger action over renewed xenophobic attacks against Nigerians in South Africa.

The renewed violence has triggered calls for economic retaliation, with lawmakers, student groups and other stakeholders urging the government to consider measures against South African businesses operating in Nigeria.

The calls followed reports of attacks on foreign nationals, killings, looting of businesses and the displacement of Nigerians in different parts of South Africa.

The Federal Government has so far focused largely on diplomatic engagement and measures to protect Nigerians in the country, including the evacuation of 1,490 Nigerians from South Africa in five phases between June 10 and July 15.

Nigeria has also continued to press South African authorities to strengthen protection for Nigerians and other foreign nationals and ensure that those responsible for attacks are brought to justice.

The latest dispute has, however, renewed scrutiny of the extensive South African investments in Nigeria, which span telecommunications, banking, insurance, retail, hospitality, logistics, aviation, manufacturing and property-related businesses.

The estimated N20.43tn figure is based largely on publicly available market capitalisation, asset and property valuations of major South African-linked businesses operating in Nigeria. It should not be interpreted as the precise value of South Africa’s foreign direct investment stock in Nigeria.

Calls for retaliation

Pressure for economic retaliation intensified after South African authorities ruled out compensation for Nigerians who abandoned businesses and properties during the latest wave of xenophobic violence.

Senator Adams Oshiomhole called on the Federal Government to consider appropriating profits made by South African companies operating in Nigeria if South Africa failed to compensate Nigerian victims.

Oshiomhole argued that Nigerian authorities should explore stronger economic measures to protect the interests of citizens affected by xenophobic attacks.

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The proposal, however, has not become government policy, while the Senate subsequently rejected the idea of using profits from South African companies in Nigeria to compensate victims.

The National Association of Nigerian Students (NANS) has also threatened protests against major South African-linked businesses, including MTN and MultiChoice, in response to the attacks on Nigerians.

The growing calls have raised concerns about whether the diplomatic dispute could eventually spill into Nigeria’s business environment.

Nigerians killed in South Africa

The renewed violence has also resulted in deaths.

Among those killed were Amaramiro Emmanuel and Ekpenyong Andrew, who died in separate incidents in April.

Two other Nigerians, Emeka Iroegbu and Musa Joe, were reported killed in separate incidents on June 28.

By late July, reports indicated that at least four Nigerians had been killed during the latest wave of violence, while Nigerian officials said many more Nigerians had suffered harassment, intimidation, property losses and other forms of abuse.

The Nigerian government subsequently intensified its response, including the voluntary evacuation programme that returned 1,490 Nigerians from South Africa.

The evacuation was coordinated through the Ministry of Foreign Affairs, the Nigerian High Commission in Pretoria, the Nigerians in Diaspora Commission and other government agencies.

South African businesses in Nigeria

South Africa’s commercial presence in Nigeria extends well beyond the brands most familiar to consumers.

The most prominent South African-linked companies listed on the Nigerian Exchange are MTN Nigeria Communications Plc and Stanbic IBTC Holdings Plc.

MTN Nigeria is one of the largest companies on the Nigerian Exchange by market value, while Stanbic IBTC is a major player in Nigeria’s banking and financial services industry.

Other South African-linked interests in Nigeria include Rand Merchant Bank, Sanlam, Alexander Forbes, Broll Property Group, Metrofile, PEP, Mr Price, Pick n Pay, Nampak and businesses associated with the hospitality, aviation and manufacturing sectors.

Some companies commonly described as South African businesses have, however, undergone ownership changes over the years.

For instance, Protea Hotels, which has South African origins, is now part of Marriott International’s global hotel network. Some Nigerian operations also involve local investment partners.

This makes it necessary to distinguish between companies with South African origins, companies controlled by South African parent groups and businesses that still have substantial South African ownership.

How the N20.43tn figure was calculated

The estimated N20.43tn value of South African-linked interests in Nigeria is largely derived from the market values and publicly available asset information of major companies.

MTN Nigeria and Stanbic IBTC account for the bulk of the figure when their respective market capitalisations are considered.

However, market capitalisation should not be treated as the amount of money invested by a foreign parent company.

Both MTN Nigeria and Stanbic IBTC are publicly listed Nigerian companies with shares held by Nigerian and international investors.

Consequently, any action targeted at the companies could affect not only South African interests but also Nigerian shareholders, pension funds, employees, customers, suppliers and government revenues.

Nigeria maintains diplomatic pressure

Despite the growing calls for retaliation, the Federal Government has continued to pursue diplomatic channels.

South African International Relations and Cooperation Minister Ronald Lamola visited Abuja as President Cyril Ramaphosa’s special envoy amid efforts to ease tensions between the two countries.

The discussions focused on the safety of Nigerians and other foreign nationals in South Africa, migration issues and the broader state of Nigeria-South Africa relations.

Nigeria has maintained that South Africa must do more to prevent xenophobic attacks and protect Nigerians legally resident in the country.

South Africa, for its part, has reiterated its opposition to xenophobia, racism and discrimination while insisting that criminality should not be associated with nationality.

The dispute has also generated concerns over compensation for Nigerians who lost businesses and property while fleeing the violence.

South African authorities have rejected calls for government compensation, arguing that the state cannot compensate individuals for private property abandoned during the unrest.

Economic stakes for both countries

Any decision by Nigeria to retaliate against South African companies could have consequences for both countries.

MTN Nigeria, for example, provides telecommunications services to millions of Nigerians and employs thousands of people directly and indirectly through its wider supply chain.

Stanbic IBTC also has a significant presence in Nigeria’s banking, investment and financial services sectors.

Any disruption to their operations could therefore affect consumers, workers, shareholders, suppliers and government tax revenues.

South Africa also has significant economic interests in Nigeria, making the relationship important to businesses in both countries.

The situation has consequently placed the Federal Government in a difficult position: responding firmly to xenophobic attacks against Nigerians while avoiding measures that could undermine jobs, investments and economic stability at home.

For now, Nigeria appears to be relying on diplomatic pressure, consular intervention and the protection of affected citizens rather than imposing broad economic sanctions.

But as calls for retaliation continue to grow, the future of South African investments in Nigeria could become a major factor in the increasingly tense relationship between Africa’s two largest economies.

Xenophobia: MTN, Stanbic IBTC, other South African firms face pressure in Nigeria

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NMDPRA Unveils Sweeping Draft Rules to Ban Fuel Price-Fixing, Artificial Scarcity

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NMDPRA Unveils Sweeping Draft Rules to Ban Fuel Price-Fixing, Artificial Scarcity

NMDPRA Unveils Sweeping Draft Rules to Ban Fuel Price-Fixing, Artificial Scarcity

The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) has proposed comprehensive new regulations aimed at eliminating anti-competitive practices, including fuel price-fixing, market allocation, bid-rigging, and artificial scarcity, across the country’s midstream and downstream petroleum industry. The draft framework, released for public consultation on August 6, 2026, comes amid growing concerns over coordinated pricing among major fuel importers and follows allegations that some operators were selling imported Premium Motor Spirit at prices significantly above locally refined alternatives from the Dangote Petroleum Refinery.

The proposed Midstream and Downstream Petroleum Prevention of Anti-Competitive Practices and Behaviour Regulations, 2026, if adopted, would prohibit petroleum companies from entering into any formal or informal agreements that prevent, restrict, or distort competition. The NMDPRA, in a public notice issued on Thursday, invited licensees, permit holders, and other stakeholders to submit comments on the draft regulations within 21 days, in compliance with Section 216(1) of the Petroleum Industry Act (PIA) 2021, which requires stakeholder consultation before regulations are finalised. The notice, signed by the Authority’s Chief Executive, Rabiu A. Umar, directed industry participants to review the draft on the NMDPRA website and submit observations through the prescribed format. A stakeholders’ consultation forum has been scheduled for September 22, 2026, at the Authority’s headquarters in Abuja, where industry players, civil society organisations, and consumer groups will have the opportunity to provide direct input on the proposed framework.

The draft regulations target a wide range of coordinated conduct that could harm competition and disadvantage consumers. Under Part IV, titled “Collusive Agreements and Anti-Competitive Coordination,” the framework states that “No licensee, market participant, or group of undertakings in the midstream or downstream petroleum sector shall enter into any agreement, arrangement, understanding, or concerted practice, whether formal or informal, written or oral, explicit or tacit, that has the object or effect of preventing, restricting, or distorting competition.” The regulations specifically identify price-fixing or coordinated pricing behaviour as prohibited, including agreements on pump prices, ex-depot prices, margins, discounts, surcharges, freight charges, and pricing benchmarks. If approved, petroleum companies would no longer be permitted to jointly set commercial terms that influence retail fuel prices, a practice that has historically kept pump prices artificially high even when global crude prices decline.

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The proposed framework also seeks to outlaw market allocation arrangements, where competitors divide customers, geographical territories, product lines, or supply areas among themselves instead of competing openly for market share. Additionally, the regulations would prohibit bid-rigging and collusive tendering in procurement processes, as well as collective supply restrictions where companies jointly reduce production, imports, throughput, or product supply to create artificial scarcity or manipulate market conditions. Such practices have been a longstanding concern in Nigeria’s petroleum sector, where consumers have frequently faced fuel queues and sudden price hikes that appear disconnected from global market trends. The NMDPRA is also targeting tacit collusion and price signalling, including the use of public statements, trade association meetings, or indirect communications to influence competitors’ pricing decisions or exchange commercially sensitive information such as future pricing plans, production schedules, customer lists, and bidding strategies.

Beyond pricing and supply coordination, the regulations aim to prevent restrictive commercial arrangements that could limit market access for smaller operators and independent marketers. The draft proposes restrictions on exclusive supply agreements, excessively long-term contracts, and take-or-pay obligations that effectively lock buyers into a single supplier, thereby reducing their ability to source fuel from more competitive alternatives. The Authority also plans to scrutinise tying and bundling arrangements, where companies with significant market power require dealers or buyers to purchase unrelated products or services as a condition for accessing fuel supply or infrastructure services. These practices, according to the draft regulations, could stifle the growth of independent marketers and reduce consumer choice in the downstream market.

To strengthen enforcement, the regulations empower the NMDPRA to monitor press releases, investor calls, trade association meetings, and public statements by dominant market players for possible anti-competitive coordination. The Authority would also be authorised to investigate suspected anti-competitive practices and work alongside the Federal Competition and Consumer Protection Commission (FCCPC) on competition-related matters, ensuring a coordinated regulatory approach across Nigeria’s economic sectors. Under the proposed framework, companies found guilty of serious anti-competitive practices could face administrative fines of up to five per cent of their annual turnover from regulated petroleum activities in Nigeria, while persistent offenders risk suspension or revocation of their licences. Directors or managers directly involved in serious violations could face personal liability, management disqualification, or prosecution where applicable, signalling a tough stance on corporate misconduct.

The regulatory push comes amid renewed scrutiny of Nigeria’s downstream petroleum market following concerning developments in petrol pricing dynamics after the entry of the Dangote Petroleum Refinery. In July 2026, independent petroleum marketers accused major fuel importers, including AA Rano and Matrix, of selling imported petrol at coordinated prices around N1,350 per litre, significantly above what Dangote had been offering to marketers. The Independent Petroleum Marketers Association of Nigeria (IPMAN) argued that such practices defeated the purpose of import licences meant to encourage competition and moderate prices for Nigerian consumers. The allegations remain contested, and no regulatory finding of collusion has been published, but the incident has heightened public and official concern about the effectiveness of deregulation in delivering price benefits to consumers.

Official price data illustrate the pressure on regulators and the urgency of the proposed rules. National Bureau of Statistics figures show the average pump price surged from N1,034.76 per litre in January 2026 to N1,596.25 in May 2026, representing a 55.31 per cent rise over the same period in 2025. The NMDPRA has confirmed that the Dangote Petroleum Refinery accounted for 87.55 per cent of petrol supplied to the domestic market in May 2026, highlighting significant market concentration that could potentially enable dominant players to influence prices and supply conditions. The proposed regulations form part of broader reforms introduced under the Petroleum Industry Act 2021, which expanded the role of regulators in promoting efficiency, transparency, and fair competition across Nigeria’s petroleum value chain, moving away from the opaque and subsidy-dependent system that characterised the sector for decades.

If adopted after stakeholder consultations, the new rules will provide the NMDPRA with a dedicated legal framework to investigate and sanction anti-competitive conduct while supporting a more transparent, competitive, and consumer-focused petroleum market. The regulations would also strengthen Nigeria’s position in the regional energy market by fostering a more predictable and investment-friendly environment for domestic and foreign investors. The Authority has also signalled interest in improving price transparency across the region, saying it is exploring pathways for establishing an African petroleum products reference price benchmark that reflects regional market realities and protects consumers from arbitrary pricing. Stakeholders have until August 27, 2026, to submit their comments, and the September 22 consultation forum is expected to generate robust debate on how best to balance competition, investment, and consumer protection in Nigeria’s evolving petroleum sector.

NMDPRA Unveils Sweeping Draft Rules to Ban Fuel Price-Fixing, Artificial Scarcity

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Petrol, Diesel Prices Drop as Dangote Cuts Ex-Depot Rates

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Why Imported Fuel Landing Cost Is Cheaper Than Dangote Gantry Price — Marketer

Petrol, Diesel Prices Drop as Dangote Cuts Ex-Depot Rates

 

Motorists and businesses may get some relief from fuel costs as Dangote Petroleum Refinery announced fresh reductions in the ex-depot prices of petrol and diesel, cutting the prices by N50 and N80 per litre respectively.

Under the new pricing regime, the refinery reduced the ex-depot price of Premium Motor Spirit (PMS), popularly known as petrol, from N1,215 to N1,165 per litre.

The price of Automotive Gas Oil (AGO), or diesel, was also reduced from N1,650 to N1,570 per litre.

The latest adjustment represents a 4.1 per cent reduction in the price of petrol and a 4.8 per cent cut in diesel.

The refinery said in a statement issued by the Dangote Group on Wednesday that the review was aimed at improving energy affordability, expanding access to locally refined petroleum products and supporting economic activities across the country.

The company said the new prices reflected its commitment to delivering affordable and quality petroleum products while maintaining a stable supply to the Nigerian market.

“Dangote Petroleum Refinery has announced a reduction in the ex-depot prices of Premium Motor Spirit (PMS) and Automotive Gas Oil (Diesel), reaffirming its commitment to providing affordable, high-quality petroleum products to the Nigerian market,” the statement said.

It added that the refinery would continue to leverage operational efficiencies and pass the resulting benefits to consumers whenever market conditions allowed.

The latest reduction comes less than two weeks after the refinery resumed naira-denominated petrol sales and raised its ex-depot price to N1,215 per litre following a brief shift to dollar-based transactions.

The earlier change had triggered concerns among petroleum marketers over rising downstream costs.

In July, the refinery had temporarily suspended petrol truck loading and introduced dollar-denominated sales, with petrol priced at $0.779 per litre under the new framework. It subsequently returned to naira transactions and fixed the ex-depot price at N1,215 per litre.

With the latest adjustment, the refinery has now reversed part of that increase, reducing the petrol price by N50 and diesel by N80.

However, the new figures are ex-depot prices and do not necessarily translate into an equivalent reduction in pump prices. The final price paid by motorists will depend on factors including transportation, depot charges, margins and other downstream costs.

Dangote said it remained committed to ensuring stable supplies while improving operational efficiency and supporting consumers, businesses and other stakeholders.

The refinery, which has a nameplate capacity of 650,000 barrels per day, has increasingly become a major source of locally refined petrol, diesel and other petroleum products as Nigeria seeks to reduce its dependence on imported refined fuels.

The company said its operations were contributing to Nigeria’s energy security by strengthening domestic refining capacity, reducing reliance on imports and supporting economic development.

It added that it would continue to pass on the benefits of improved operational efficiencies to consumers whenever market conditions permitted.

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