The Federal High Court in Lagos on Monday restrained the Nigerian Midstream and Downstream Petroleum Regulatory Authority from interfering with the operations of Dangote Petroleum Refinery pending the hearing of a substantive application challenging the regulator’s directive.
Justice Akintayo Aluko issued the interim injunction in Lagos after Dangote Petroleum Refinery Nigeria Limited challenged NMDPRA’s August 24, 2026, directive suspending the loading and truck-out of petroleum products from its facility.
The order followed an ex-parte application marked FHC/L/CS/1174/2026, filed by Dangote through its lawyers, Olawale Akoni (SAN) and Abimbola Akeredolu (SAN).
Dangote had asked the court to stop NMDPRA, its officers, agents and representatives from enforcing the directive pending the hearing and determination of its motion on notice.
The company also sought an order preventing the regulator from entering, sealing, shutting down, restricting access to or otherwise interfering with its refinery and related facilities at the Lekki Free Zone.
Ruling on the application, Justice Aluko said the case raised serious legal questions requiring determination, particularly the extent of NMDPRA’s regulatory powers over operations within free zones.
The judge noted that Dangote’s position was that NMDPRA lacked the authority to exercise regulatory or oversight powers over activities within free zones, including the Dangote Industrial Free Zone.
Justice Aluko also referred to a March 2, 2026, letter from the Attorney-General of the Federation, which, according to the judge, stated that NMDPRA was not authorised to exercise regulatory powers or oversight over operations within free zones.
He observed that NMDPRA subsequently issued its August 24 directive, asserting regulatory authority over the refinery’s operations.
The judge said the central question was whether the regulator should be allowed to exercise the disputed authority while the substantive issues remained before the court.
Justice Aluko held that the affidavit evidence placed before the court disclosed serious issues requiring judicial examination.
He also found that the circumstances demonstrated sufficient urgency to justify interim judicial intervention.
The judge said the order was necessary to preserve the subject matter of the case until the motion on notice could be heard.
He stressed that courts had the inherent power and duty to protect the subject matter of litigation from being destroyed or altered before a final determination.
Justice Aluko consequently granted the interim injunction sought by Dangote.
“Accordingly, I find merit in the application, and the same is hereby granted in terms of the reliefs sought,” he declared.
The court directed Dangote to file a formal undertaking to compensate NMDPRA for damages should it later be established that the interim order was wrongly granted.
Justice Aluko further ordered that the interim order and court notice be served on NMDPRA.
The case was adjourned until September 9, 2026, for hearing of the motion on notice.
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