LAGOS — The Federal High Court sitting in Lagos has restrained the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from shutting down or interfering with the operations of the Dangote Petroleum Refinery under the guise of carrying out regulatory or oversight functions.
The order was made on Monday by Justice Akintayo Aluko while ruling on a motion ex-parte filed by Dangote Petroleum Refinery in suit No. FHC/L/CS/1174/26.
The refinery approached the court following a directive issued by the NMDPRA in a letter dated August 24, 2026, in which the regulatory agency purportedly suspended the loading and truck-out of petroleum products from the refinery pending the determination of a motion on notice.
The application was filed and argued by a legal team led by Olawale Akoni, SAN, on behalf of Dangote Petroleum Refinery.
Among other reliefs, the refinery asked the court to restrain the NMDPRA, its officers, servants, agents, representatives or anyone acting under its authority from enforcing or implementing the directive contained in the August 24 letter.
The company also sought an interim injunction preventing the regulatory authority and its agents from entering the refinery premises, sealing or shutting down the facility, restricting access, obstructing its activities, suspending or disrupting operations, or carrying out inspections, supervision or sanctions based on the disputed directive.
The order covers the refinery’s petrochemical, terminal, storage, blending, loading and truck-out facilities, as well as other related operations located within the Lekki Free Zone.
In his ruling, Justice Aluko said he had carefully considered the application, the 42-paragraph affidavit filed in support of it and Exhibits A1 to A6 attached to the affidavit.
The judge also considered the submissions of counsel and the NMDPRA’s August 24, 2026 letter, which formed part of the materials before the court.
Justice Aluko drew particular attention to a letter issued by the Attorney-General of the Federation on March 2, 2026, which, according to the court, stated that the NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.
The judge noted that despite the position expressed in the Attorney-General’s letter, the NMDPRA subsequently issued the August 24 directive purporting to exercise regulatory powers over the refinery’s operations.
Justice Aluko said the central issue at the interim stage was whether the NMDPRA should be allowed to exercise the disputed regulatory authority before the court determines the substantive issues in the case.
According to the judge, courts have an inherent duty to preserve the subject matter of litigation and prevent circumstances that could destroy, alter or otherwise affect it before the substantive application is determined.
He further held that the legal requirements for granting an interim injunction had been satisfied by the refinery.
The judge also noted that Dangote Petroleum Refinery had undertaken to indemnify the NMDPRA in damages if the court eventually found that the interim order ought not to have been granted.
The order will remain in force pending the hearing and determination of the motion on notice filed by Dangote Petroleum Refinery.
The case is expected to proceed with further arguments on the substantive issues surrounding the extent of NMDPRA’s regulatory powers over operations within the Lekki Free Zone.
