The Federal High Court in Lagos has issued an interim injunction preventing the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from shutting down or interfering with operations at the Dangote Petroleum Refinery in the Lekki Free Zone. The order followed a directive from NMDPRA on August 24, 2026, suspending the loading and truck-out of petroleum products at the facility.
Court Order and Legal Basis
Justice Akintayo Aluko granted the order on Monday while ruling on a motion ex parte marked FHC/L/CS/1174/26. The application was filed and argued by counsel to Dangote Petroleum Refinery Nigeria Limited, led by Olawale Akoni and Abimbola Akeredolu, both Senior Advocates of Nigeria.
The dispute began when NMDPRA wrote to the refinery on August 24, 2026, directing the suspension of petroleum product loading and truck-out operations. In response, Dangote Petroleum Refinery sought court orders to block the agency from enforcing that directive.
The refinery specifically requested the court to restrain NMDPRA, its officers, agents, and anyone acting under its authority from entering, sealing, shutting down, restricting access to, obstructing, inspecting, or otherwise interfering with its refinery, petrochemical, terminal, storage, blending, loading, truck-out and related facilities and operations within the Lekki Free Zone.
Key Evidence and Judicial Reasoning
Akeredolu, in moving the application, told the court it was supported by a 42-paragraph affidavit deposed to by Wale Aroge, a written address, and documentary exhibits marked A1 to A6.
After reviewing the affidavit, exhibits, and submissions from counsel, Justice Aluko identified the central question as whether NMDPRA held regulatory authority over operations within free zones at all. The judge pointed to a letter dated March 2, 2026, from the Attorney-General of the Federation, which he said stated that NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.
Justice Aluko stated: "The important question, therefore, is whether the defendant can or should be allowed to exercise such regulatory authority pending the determination of the substantive issues before the court."
Ruling and Next Steps
The judge held that the affidavit disclosed serious issues requiring the court's determination and that the urgency of the matter had been adequately established. He also noted that the refinery had undertaken to indemnify NMDPRA in damages if the order was later found to have been wrongly granted.
Justice Aluko ruled: "Accordingly, I find merit in the application, and the same is hereby granted in terms of the reliefs sought. The plaintiff shall file a formal undertaking as to damages."
The judge directed that the order and notice of hearing be formally served on NMDPRA and adjourned the case to September 9, 2026, for the hearing of the motion on notice.
