The Federal High Court in Lagos has granted an interim injunction restraining the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from shutting down or interfering with operations at the Dangote Petroleum Refinery in the Lekki Free Zone.
Justice Akintayo Aluko issued the order in Suit No. FHC/L/CS/1174/26 following an ex parte application brought by Dangote Petroleum Refinery Nigeria Limited.
The refinery approached the court after an NMDPRA letter dated August 24, 2026 allegedly directed the suspension of the loading and truck-out of petroleum products from the facility.
Through its legal team led by Olawale Akoni, SAN, and Abimbola Akeredolu, SAN, the refinery asked the court to prevent the regulator from enforcing the directive or taking steps that could disrupt refinery, terminal, storage, loading and related operations pending determination of the substantive application.
A major legal issue before the court concerns the extent of the NMDPRA’s regulatory jurisdiction over companies operating within designated free zones.
Justice Aluko referred to a March 2, 2026 letter from the Attorney-General of the Federation which, according to the court, stated that the NMDPRA was not entitled to exercise regulatory or oversight functions over operations within free zones.
The court held that serious questions requiring judicial determination had been raised and that an interim order was necessary to preserve the subject matter of the litigation.
The judge stressed the inherent jurisdiction of courts to preserve the res so that the subject of litigation is not destroyed or fundamentally altered before substantive issues are determined.
The refinery was directed to give a formal undertaking as to damages, while the matter was adjourned to September 9, 2026, for hearing of the motion on notice.
The order is interim and does not constitute a final determination that NMDPRA lacks regulatory authority over the refinery.
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