AGF says NMDPRA can’t oversee, shut down Dangote Refinery – FHC Judge
Federal High Court Issues Interim Order Preventing NMDPRA from Shutting Down Dangote Refinery
Lagos, Nigeria — Justice Akintayo Aluko of the Federal High Court in Lagos has granted an interim order preventing the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from closing Dangote Petroleum Refinery. The ruling came after the court reviewed documentation from the Attorney-General of the Federation, indicating that the NMDPRA lacks regulatory authority over companies operating within free trade zones.
During a session on Monday, Justice Aluko issued the order while addressing a motion filed by legal representatives for the Dangote Refinery, led by Olawale Akoni, SAN. The suit, designated FHC/L/CS/1174/26, sought to prohibit the NMDPRA and any associated personnel from executing a directive issued on August 24, 2026, which aimed to suspend all loading and truck-out activities at the refinery.
In its application, Dangote Petroleum Refinery requested the court to prevent the NMDPRA from interfering with its operations in the Lekki Free Zone, citing the potential impact of the August 24 directive. The company asserted that this directive was an overreach of the NMDPRA’s regulatory powers.
Justice Aluko indicated that he had thoroughly considered both the application and the supplementary materials, including multiple affidavits. He acknowledged the Attorney-General’s letter dated March 2, 2026, which clarified that the NMDPRA did not possess oversight capabilities in free trade zones.
The judge noted, “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 emphasized that the conditions required for granting an interim injunction were met in this case and mentioned that the plaintiff agreed to indemnify the NMDPRA should it be determined later that the order was improperly granted.
Following the ruling, Justice Aluko instructed the plaintiff to file a formal undertaking regarding damages and set the next hearing for September 9, 2026, for further consideration of the motion on notice.
