By Seun Ibiyemi
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 pending the determination of a substantive suit challenging the regulator’s directive.
Justice Akintayo Aluko issued the interim injunction on Monday after hearing a motion ex-parte filed by Dangote Petroleum Refinery through its legal team led by Senior Advocate of Nigeria, Olawale Akoni.
The order followed a directive by the NMDPRA in a letter dated August 24, 2026, which purportedly suspended the loading and truck-out of petroleum products from the refinery pending further action.
In its application, Dangote Refinery asked the court to restrain the NMDPRA, its officers, agents and representatives from enforcing the directive or taking any steps to shut down, seal, restrict access to, inspect, supervise, sanction or otherwise interfere with its refinery and related facilities at the Lekki Free Zone.
Delivering his ruling, Justice Aluko said he had considered the application, the 42-paragraph affidavit filed by the refinery, supporting exhibits and submissions by counsel.
The judge also considered a March 2, 2026 letter from the Attorney-General of the Federation, which, according to the ruling, stated that the NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.
Justice Aluko noted that the NMDPRA had subsequently issued its August 24 letter purporting to exercise such regulatory powers.
He said the immediate issue before the court was whether the regulator should be allowed to exercise the disputed authority pending the determination of the substantive issues in the case.
The judge held that courts have an inherent responsibility to preserve the subject matter of litigation and prevent circumstances that could alter or destroy it before the substantive case is determined.
According to him, the conditions required for the grant of an interim injunction had been satisfied by the refinery.
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“I find merit in the application, and the same is hereby granted in terms of the reliefs sought,” Justice Aluko ruled.
The court, however, directed Dangote Refinery to file a formal undertaking to indemnify the NMDPRA in damages should it subsequently be established that the interim order ought not to have been granted.
The court further ordered that the ruling and notice of the court be served on the NMDPRA.
The case has been adjourned until September 9, 2026, for hearing of the motion on notice.
The ruling temporarily bars the NMDPRA from implementing the disputed directive while the court considers the substantive legal issues surrounding the regulator’s authority over operations within the Lekki Free Zone.
