COURT RESTRAINS NMDPRA FROM SHUTTING DOWN DANGOTE REFINERY

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By Aishat Momoh. O.

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 the substantive suit.

Justice Akintayo Aluko issued the order on Monday while ruling on a motion ex parte in suit number FHC/L/CS/1174/26, filed by the Dangote Petroleum Refinery through its legal team led by Senior Advocate of Nigeria, Olawale Akoni.

The refinery had approached the court seeking an order restraining the NMDPRA from enforcing a directive contained in its August 24, 2026 letter, which purportedly suspended the loading and truck-out of petroleum products from the refinery.

It also sought an interim injunction preventing the regulatory agency, its officers, agents or representatives from entering, sealing, shutting down, restricting access to, obstructing, suspending, disrupting, inspecting, supervising or otherwise interfering with the refinery’s operations at the Lekki Free Zone.

In his ruling, Justice Aluko said the application was supported by a 42-paragraph affidavit, documentary exhibits marked A1 to A6 and a written address.

The judge said the central issue before the court was whether the NMDPRA could exercise regulatory or oversight powers over operations within the free zone pending the determination of the substantive issues in the case.

Justice Aluko noted that the affidavit evidence raised serious issues requiring determination, particularly regarding the extent of NMDPRA’s regulatory powers within free zones.

He also referred to a March 2, 2026 letter from the Attorney-General of the Federation, which, according to the judge, stated that the NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.

The judge contrasted this with the NMDPRA’s August 24 letter, which purported to exercise such powers.

Justice Aluko said the urgency of the matter had also been established, adding that the court had a duty to preserve the subject matter of litigation pending the determination of the substantive application.

“Every court has the inherent power and duty to preserve the res and prevent a situation where the subject matter of litigation would be destroyed or altered before the substantive application is determined,” he said.

The judge held that the conditions required for the grant of an interim injunction had been satisfied by the refinery.

He also noted that Dangote Petroleum Refinery had undertaken to indemnify the NMDPRA in damages should the court subsequently determine that the injunction 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,” Justice Aluko ruled.

The court directed the refinery to file a formal undertaking as to damages and ordered that the ruling and notice of the court be served on the NMDPRA.

Justice Aluko adjourned the case until September 9, 2026, for hearing of the motion on notice.