A 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 the operations of the Dangote Petroleum Refinery in the Lekki Free Zone.
The order followed a legal challenge by Dangote Petroleum Refinery Nigeria Limited over a directive allegedly issued by the NMDPRA on August 24, 2026, ordering the suspension of the loading and truck-out of petroleum products from the refinery.
Justice Akintayo Aluko granted the interim order while ruling on an ex parte application filed by the refinery under suit number FHC/L/CS/1174/26. The application was argued by a legal team led by Senior Advocates of Nigeria Olawale Akoni and Abimbola Akeredolu.
The refinery’s case centres on whether the petroleum regulator has the authority to exercise regulatory and oversight powers over operations located within a free zone, including the Dangote Industrial Free Zone.
In granting the application, Justice Aluko said the court had considered the refinery’s affidavit evidence, supporting documents, submissions from its lawyers and the NMDPRA letter that triggered the dispute.
The judge also referred to a March 2, 2026 letter from the Attorney-General of the Federation, which, according to the ruling, stated that the NMDPRA was not entitled to exercise regulatory or oversight functions over operations within free zones.
Based on the arguments and evidence presented before the court, Justice Aluko held that the refinery had met the requirements for an interim injunction and granted the reliefs sought.
The court’s order effectively restrains the NMDPRA from taking steps to enforce the August 24 directive pending further proceedings in the case.
The development has brought the regulatory authority of the NMDPRA over petroleum facilities operating within free zones into focus, with the dispute potentially having broader implications for the regulation of downstream petroleum operations in such areas.
When contacted over the matter, NMDPRA spokesman George Ene-Ita declined to comment, saying the case was before the court.
He also did not provide details on the reasons behind the regulator’s directive suspending the loading of petroleum products from the Dangote facility.
However, senior officials within the regulatory authority indicated that the agency was reviewing the court’s decision and considering its next legal steps. The final decision on how to proceed, they said, would be taken by the agency’s management and legal team.
The case is expected to continue as both sides present their positions on the extent of the NMDPRA’s regulatory powers within free zones.
