Dangote Refinery secures court orders against NMDPRA
Dangote Refinery Secures Court Ruling Against Regulatory Authority
By Innocent Anaba
LAGOS — A Federal High Court in Lagos has issued a restraining order against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), preventing the agency from shutting down the Dangote Petroleum Refinery as part of its oversight functions.
Justice Akintayo Aluko granted the order on Monday during a hearing of a motion filed by attorneys representing Dangote Petroleum Refinery. The case is marked FHC/L/CS/1174/26.
In its application, the refinery sought an injunction to prevent NMDPRA, along with its agents and representatives, from enforcing a directive issued in a letter dated August 24, 2026. This directive purportedly suspended all loading and transportation of products from the refinery. The lawyers argued that the agency lacked the jurisdiction to impose such restrictions on operations within the designated free trade zone.
The application’s supporting documents included a 42-paragraph affidavit and several exhibits. During the proceedings, Justice Aluko reviewed the materials presented and noted crucial points raised by the plaintiffs.
He highlighted that the affidavit indicated the NMDPRA does not possess regulatory authority over operations within free zones, as confirmed by a letter from the Attorney-General of the Federation dated March 2, 2026. The letter explicitly stated that the agency’s powers do not extend to these territories.
“The important question…is whether the defendant can or should be allowed to exercise such regulatory authority pending the determination of the substantive issues before the court,” Justice Aluko remarked.
After considering the urgency articulated in the affidavit, the judge emphasized the necessity for judicial intervention to safeguard the refinery’s operations while the case is adjudicated. He remarked that courts possess an inherent duty to prevent any alterations to the subject matter of litigation before a decision is made.
Justice Aluko concluded that the plaintiffs had met the criteria for granting an interim injunction and that the refinery had agreed to indemnify the NMDPRA should the order be deemed improperly granted in the future.
As a result, the judge approved the motion and instructed the plaintiffs to file a formal undertaking regarding potential damages. The case has been adjourned to September 9, 2026, for further hearings on the motion.
For more details, visit Vanguard News.
