A 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.
Justice Akintayo Aluko, on Monday, granted an interim order restraining the NMDPRA from enforcing its directive suspending the loading and truck-out of petroleum products from the refinery.
The court held that it had seen a document from the Attorney-General of the Federation (AGF), dated March 2, 2026, which stated that the NMDPRA could not exercise regulatory or oversight functions over firms operating within a free trade zone.
The order followed an ex parte application filed by Dangote Petroleum Refinery in suit marked FHC/L/CS/1174/26.
The 700,000-barrel-per-day refinery, through its legal team led by Olawale Akoni, SAN, had asked the court to restrain the NMDPRA and its agents from implementing a directive contained in the authority’s letter dated August 24, 2026.
The NMDPRA, in the letter, had purportedly directed the suspension of all loading and truck-out of products from the refinery.
Dangote Refinery also sought an interim injunction restraining the NMDPRA and its officials from entering, sealing, shutting down, restricting access to, obstructing, suspending, disrupting, inspecting, supervising, sanctioning or otherwise interfering with its refinery and related facilities in the Lekki Free Zone.
The facilities covered by the application include the refinery, petrochemical plants, terminal, storage, blending, loading and truck-out operations.
In his ruling, Justice Aluko said he had carefully considered the 42-paragraph affidavit filed in support of the application, the attached exhibits and the submissions of counsel.
The judge said he also considered the NMDPRA’s August 24, 2026 letter and the AGF’s letter of March 2, 2026.
“I have also seen the letter issued by the Attorney-General of the Federation, dated March 2, 2026, which clearly stated that the defendant is not entitled to exercise regulatory powers or oversight functions over operations within the free zones,” the judge said.
According to him, the key issue was whether the NMDPRA should be allowed to exercise such regulatory authority pending the determination of the substantive issues before the court.
Justice Aluko held that courts had the inherent power and duty to preserve the subject matter of litigation and prevent it from being destroyed or altered before the substantive case is determined.
He said Dangote Refinery had satisfied the conditions required for the grant of an interim injunction and had undertaken to indemnify the defendant in damages should it later be found that the order ought not to have been granted.
“Accordingly, I find merit in the application, and the same is hereby granted in terms of the reliefs sought,” the judge ruled.
Justice Aluko ordered the plaintiff to file a formal undertaking as to damages and directed that the order and notice of the court be served on the NMDPRA.
The case was adjourned until September 9, 2026, for the hearing of the motion on notice.
