The Federal High Court in Lagos has extended an interim order restraining the Nigerian Midstream and Downstream Petroleum Regulatory Authority from interfering with operations at the Dangote Petroleum Refinery.
Justice Akintayo Aluko ordered that the interim injunction granted on August 31, 2026, should remain in force pending the hearing and determination of the refinery’s motion on notice or until the court directs otherwise.
The NMDPRA had asked the court to discharge the order, arguing, among other things, that the dispute carries major public-interest and safety implications relating to propane and other petroleum products.
Dangote Refinery, however, maintains that a central question requiring determination is whether the regulator possesses the statutory jurisdiction to exercise the disputed enforcement powers over operations situated within a free zone.
The initial injunction arose from the refinery’s challenge to an August 24 directive by the NMDPRA suspending the loading and truck-out of petroleum products from its facilities.
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The court had restrained the regulator from entering, sealing, shutting, restricting access to or otherwise disrupting the refinery’s relevant operations while the substantive dispute remained unresolved.
Justice Aluko held that the court had a duty to preserve the subject matter of the litigation pending determination of the outstanding applications.
The judge also declined to finally determine the jurisdictional objections at this stage, holding that they should be addressed when the relevant applications are ripe for hearing.
With the Federal High Court’s annual vacation ending, the case file has been returned to the registry for reassignment to a regular court.
The eventual judgment could have ramifications beyond Dangote Refinery. At stake is an important regulatory question concerning the relationship between Nigeria’s free-zone regime and specialised regulators established to oversee particular sectors of the economy.
Source: THISDAY
